UGC NET PAPER 1 · UNIT 10 · MODULE 4: BACKGROUND: COLONIAL PERIOD, CONSTITUTION AND ISSUES · TOPIC 7

Background: Colonial Period, Constitution, Reservation and Issues

Supporting knowledge behind many policy questions: the colonial road to the modern university, Articles on education, reservation percentages and the persistent issues of access, equity and quality.

  • 5 sub-topics
  • Analysis Angle
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  • Topic 7 of 9

What this topic covers

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  1. 7.1Why this background mattersThese themes are not separate headings in the Unit X syllabus list, but they underlie many questions in the policy and governance topic.
  2. 7.2Colonial period: the road to the modern universityNarrative.
    • Narrative
    • Orientalists
    • Anglicists
    • Macaulay's Minute (1835)
    • Bentinck's resolution (1835)
  3. 7.3Constitutional provisions on educationCovers Champakam Dorairajan (1951), Mohini Jain v. State of Karnataka (1992), Unni Krishnan v. State of A.P. (1993), Indra Sawhney v. Union of India (1992), P. A. Inamdar…
    • 15(4)
    • First Amendment (1951)
    • 15(5)
    • 93rd Amendment (2005)
    • 15(6)
  4. 7.4Reservation and equity in higher educationCategory Share in central institutions Basis Scheduled Castes 15 per cent Articles 15(4), 46 Scheduled Tribes 7.5 per cent Articles 15(4), 46 Other Backward Classes…
    • institution as the unit
    • Sachar Committee (2006)
    • 102nd Amendment
    • All India Quota
  5. 7.5Issues and challenges in higher educationAccess.
    • Access
    • digital divide
    • Equity
    • Quality
    • Employability and skills
  6. ★Analysis AngleHow examiners twist this topic, and how to reason through scenario questions.

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7.1Why this background matters#

In brief

These themes are not separate headings in the Unit X syllabus list, but they underlie many questions in the policy and governance topic.

These themes are not separate headings in the Unit X syllabus list, but they underlie many questions in the policy and governance topic. Treat them as supporting knowledge: revise them after the core topics, and use them to explain why Topic 6 looks the way it does.

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7.2Colonial period: the road to the modern university#

In brief

Narrative.

  • Narrative
  • Orientalists
  • Anglicists
  • Macaulay's Minute (1835)
  • Bentinck's resolution (1835)
  • downward filtration theory
  • Wood's Despatch (1854)
  • Hunter Commission (1882)

Narrative. The East India Company at first supported oriental learning, then debated whether to teach English. The Orientalists (H. T. Prinsep, H. H. Wilson) wanted to promote Sanskrit, Arabic and Persian; the Anglicists (T. B. Macaulay, with support from Bentinck) wanted English and western science. Macaulay's Minute (1835) and Bentinck's resolution (1835) decided that government funds would go mainly to English education, and the downward filtration theory held that education would percolate from the upper classes downwards. William Adam's reports (1835 to 38) documented indigenous education in Bengal and Bihar. Wood's Despatch (1854), the "Magna Carta of English education in India", set the structure that lasted for decades: a Department of Public Instruction in each province, universities at Calcutta, Bombay and Madras modelled on the University of London (founded 1857), a grants-in-aid system, vernacular primary schools, teacher training and attention to women's education. The Hunter Commission (1882) reviewed primary and secondary education and recommended that primary education be handed to local bodies. The Indian Universities Commission (1902; Thomas Raleigh) and Indian Universities Act (1904; Lord Curzon) tightened government control over universities. The Calcutta University Commission (1917 to 19; Michael Sadler) examined university reform and recommended that intermediate classes be separated from universities and a three-year degree course; it led to new universities such as Dacca (1921). The Government of India Act 1919 (dyarchy) transferred education to provincial ministers. The Hartog Committee (1929) highlighted wastage and stagnation in primary education. The Abbott-Wood Report (1936 to 37) dealt with vocational education. Gandhi's Wardha Scheme of Basic Education (1937) and the Zakir Husain Committee (1938) advocated learning through productive craft for ages 7 to 14. The Sargent Report (1944) by the Central Advisory Board of Education planned universal, free, compulsory education for ages 6 to 14 over about 40 years.

Key dates.

Year Event
1781 Calcutta Madrasa (Warren Hastings)
1791 Sanskrit College, Banaras (Jonathan Duncan)
1800 Fort William College (Lord Wellesley)
1813 Charter Act: annual grant of one lakh rupees
1817 / 1818 Hindu College, Calcutta; Serampore College (William Carey)
1835 Macaulay's Minute; Bentinck resolution
1854 Wood's Despatch
1857 Universities at Calcutta, Bombay, Madras
1882 Hunter Commission
1902 / 1904 Raleigh Commission; Indian Universities Act
1905 / 1906 Partition of Bengal; National Council of Education (Swadeshi)
1911 Gokhale's bill for compulsory primary education
1916 / 1920 / 1922 BHU; AMU (Act of 1920); University of Delhi
1917 to 19 Sadler (Calcutta University) Commission
1929 Hartog Committee
1937 / 1938 Wardha scheme; Zakir Husain Committee
1944 Sargent Report

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7.3Constitutional provisions on education#

In brief

Covers Champakam Dorairajan (1951), Mohini Jain v. State of Karnataka (1992), Unni Krishnan v. State of A.P. (1993), Indra Sawhney v. Union of India (1992), P. A. Inamdar…

  • 15(4)
  • First Amendment (1951)
  • 15(5)
  • 93rd Amendment (2005)
  • 15(6)
  • 103rd Amendment (2019)
  • 21A
  • 6 to 14
Article Provision
14 Equality before law; reasonable classification test (intelligible differentia and rational nexus)
15(1), 15(3) No discrimination on religion, race, caste, sex, place of birth; special provisions for women and children
15(4) Special provisions for socially and educationally backward classes, SCs, STs; inserted by the First Amendment (1951) after State of Madras v. Champakam Dorairajan
15(5) Reservation in admission to educational institutions, including private unaided (not minority); 93rd Amendment (2005)
15(6) Reservation for Economically Weaker Sections; 103rd Amendment (2019)
16(4), 16(4A) Reservation in appointments; in promotion for SCs and STs (77th Amendment)
19(1)(g) Right to practise any profession or occupation; includes establishing educational institutions (TMA Pai)
21 Right to life, read to include right to education (Mohini Jain, Unni Krishnan)
21A Free and compulsory education for children 6 to 14; 86th Amendment (2002)
28 No religious instruction in institutions wholly maintained from State funds
29 Protection of language, script and culture of minorities; no denial of admission on religion, race, caste or language
30(1), 30(2) Minorities have the right to establish and administer educational institutions; State shall not discriminate in aid
41, 45, 46 DPSP: right to education within economic capacity; early childhood care for children below six (after 86th Amendment); promotion of educational interests of SCs, STs and weaker sections
48A, 51A(g) Environment protection (see topic 5)
51A(k) Duty of parents and guardians to provide education for children aged 6 to 14
350A Mother-tongue instruction at primary stage for linguistic minorities

Landmark cases.

  • Champakam Dorairajan (1951): communal reservation in admissions struck down, leading to Article 15(4).

  • Mohini Jain v. State of Karnataka (1992): right to education flows from Article 21; capitation fee unconstitutional.

  • Unni Krishnan v. State of A.P. (1993): right to free education up to age 14; beyond that subject to economic capacity.

  • Indra Sawhney v. Union of India (1992): upheld 27 per cent OBC reservation; 50 per cent ceiling; creamy layer exclusion.

  • TMA Pai Foundation (2002; 11-judge bench): establishing and running educational institutions is an occupation under Article 19(1)(g); minority status determined State-wise; no capitation fee.

  • P. A. Inamdar (2005): State cannot impose its reservation policy on unaided private professional institutions.

  • Prof. Yash Pal v. State of Chhattisgarh (2005): invalidated provisions of the State's private-universities Act.

  • Bharathidasan University v. AICTE (2001): AICTE approval not required for universities' own departments.

  • Ashoka Kumar Thakur (2008): upheld 27 per cent OBC quota in central institutions with creamy layer excluded.

  • Pramati Educational Trust (2014): RTE Act does not apply to minority institutions.

  • Society for Unaided Private Schools of Rajasthan (2012): upheld RTE's 25 per cent reservation in private unaided schools.

  • Janhit Abhiyan (2022): upheld the EWS quota (103rd Amendment).

  • NALSA v. Union of India (2014): recognised transgender persons as a third gender.

  • Vishaka v. State of Rajasthan (1997): guidelines on workplace sexual harassment.

Right to Education Act, 2009. Came into force on 1 April 2010; free and compulsory elementary education for ages 6 to 14; 25 per cent seats for weaker and disadvantaged sections in private unaided schools; pupil-teacher ratio 30:1 at primary level; no capitation fee, no screening at admission; School Management Committees; the 2019 amendment allowed States to hold back children in classes V and VIII after a regular examination and re-examination. Although RTE applies to elementary education, questions on higher education often use it as a contrast.

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7.4Reservation and equity in higher education#

In brief

Category Share in central institutions Basis Scheduled Castes 15 per cent Articles 15(4), 46 Scheduled Tribes 7.5 per cent Articles 15(4), 46 Other Backward Classes…

  • institution as the unit
  • Sachar Committee (2006)
  • 102nd Amendment
  • All India Quota
Category Share in central institutions Basis
Scheduled Castes 15 per cent Articles 15(4), 46
Scheduled Tribes 7.5 per cent Articles 15(4), 46
Other Backward Classes (non-creamy layer) 27 per cent Central Educational Institutions (Reservation in Admission) Act 2006; Ashoka Kumar Thakur
Economically Weaker Sections 10 per cent (family income below 8 lakh rupees a year as a general criterion) Article 15(6), 103rd Amendment
Persons with benchmark disabilities 5 per cent Rights of Persons with Disabilities Act 2016 (21 categories)

The Central Educational Institutions (Reservation in Teachers' Cadre) Act 2019 treats the institution as the unit for faculty posts. The First Backward Classes Commission (1953; Kaka Kalelkar) and the Mandal Commission (1980; B. P. Mandal) examined backwardness; the Sachar Committee (2006) reported on Muslims; the National Commission for Backward Classes gained constitutional status through the 102nd Amendment. The UGC (Promotion of Equity in HEIs) Regulations, 2012 require Equal Opportunity Cells and anti-discrimination measures. The All India Quota in state medical colleges is 15 per cent of UG seats.

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7.5Issues and challenges in higher education#

In brief

Access.

  • Access
  • digital divide
  • Equity
  • Quality
  • Employability and skills
  • Funding and privatisation
  • Research and innovation
  • ANRF

Access. The GER is about 28 per cent (AISHE 2021 to 22) against the NEP target of 50 per cent by 2035; disparities exist by region, rural-urban location, social group and gender. The digital divide limits online learning.

Equity. Scheduled Castes, Scheduled Tribes, Muslims, women in some regions, persons with disabilities and first-generation learners have lower participation or higher dropout. Responses: reservation, scholarships, hostels, Equal Opportunity Cells, bridge courses, and the Gender Inclusion Fund and Special Education Zones proposed by NEP.

Quality. Faculty shortages, outdated curricula, rote learning, weak laboratories, low NAAC coverage and uneven research culture. Responses: NAAC and NBA reforms, NIRF ranking, outcome-based curricula (LOCF), IQAC, faculty development (Malaviya Mission), and multidisciplinary universities.

Employability and skills. A gap between graduate competencies and industry needs. Responses: NSQF, B.Voc, apprenticeship-embedded degrees, internships, SWAYAM Plus, start-up incubation and the National Credit Framework.

Funding and privatisation. Public expenditure on education has remained below the 6 per cent of GDP benchmark. Privatisation expanded capacity but raised concerns about capitation fees, commercialisation and unequal access. Responses: HEFA loans, PM-Vidyalaxmi (education loans), fee regulation, Institutions of Eminence, and philanthropic funding.

Research and innovation. India's gross expenditure on R&D is about 0.7 per cent of GDP; research is concentrated in a few institutions and national labs. Responses: ANRF, PMRF (2018), IMPRINT, SPARC, GIAN, innovation councils and incubators, Atal Innovation Mission (2016), and research-intensive universities under NEP.

Gender and inclusion. Female enrolment has risen and gender parity (Gender Parity Index) is now close to or above one in aggregate, but women's share in STEM, research and faculty, and safety on campus remain issues. Schemes: Savitribai Jyotirao Phule Single Girl Child Fellowship (UGC), Pragati (girls in technical education), Saksham (differently-abled in technical education), Ishan Uday (North-East), POSH Act 2013 and Internal Committees. Transgender inclusion rests on NALSA (2014) and the Transgender Persons (Protection of Rights) Act 2019. The first women's university, SNDT Women's University, was founded in 1916.

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★Analysis Angle: Background: Colonial Period, Constitution, Reservation and Issues

Analyse / traps

  • Reservation debate. Arguments for: correcting historic exclusion and ensuring representation. Arguments against or for reform: efficiency concerns, creamy-layer leakage, the 50 per cent ceiling, and the need for support after admission. Courts have balanced these through the creamy-layer test and the ceiling, now modified in practice by the EWS quota.

  • Concurrent List effects. Because the Centre and States both legislate, many disputes arise about fee regulation, minority rights and admissions.

  • Policy cycle. Most problems (funding, quality, access) have been named by every commission since 1948; the persistent issue is implementation capacity, not diagnosis.

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