Education Law in India

India’s education system has a rich history, with some of the oldest institutions of higher learning in the world. This chapter sets out the structure of the key institutions and regulatory frameworks of India’s education system, including where responsibilities lie in India’s federal model. Major legal developments in the field of education are discussed, including the evolution of the Indian Government’s New Education Policies (NEPs), affirmative action policies and reservation, the progression of the fundamental right to education in India from judicial activism to Constitutional amendment, and significant nation-wide education policies such as the abolition of child-labour and the rolling-out of the Mid-day Meal Scheme. Finally, this chapter will explore key challenges in education in India such as the risk of corruption, unethical conduct and other integrity issues in education and how such issues are being addressed, the challenge of providing access to quality education for all, and the internationalisation of education policy including the debate on the introduction of foreign education institutions (especially in higher education) in India. While education law is a complex and evolving area of law in India, this chapter provides an analysis of the most salient regulatory developments, challenges and opportunities effecting key stakeholders in education, most notably; governments, education institutions and students.