Assessing State School Education Laws on Administrative Safeguards | Jayana B. & Prashant N.
Jayana Bedi & Prashant Narang, in Assessing State School Education Laws on Administrative Safeguards, analyse seventy state education laws and sixty-one subordinate legislations governing kindergarten to 12th grade education across sixteen states of India. The authors use four fundamental parameters: (i) procedural safeguards; (ii) legislative guidance on discretion granted to the executive; (iii) proportionality; and (iv) checks on rule-making power to assess these laws. The authors argue that a majority of these laws fail to provide adequate safeguards, which may have the effect of hindering the establishment of new schools, and impinge on the rights of children, school owners and employees. A prime example could be The Madhya Pradesh Ashaskiya School Viniyaman Adhiniyam, 1975, which provides for an imprisonment clause in cases of violation of provisions of the Act. The authors highlight certain features like the inclusion of a provision for reasoned order, laying out a clear objective of the law, avoiding excessive and arbitrary penalties, and limiting rule-making power, among other suggestions, to improve the status quo.
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