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In India, reforms in regulation of private schools have been argued on the basis of universalizing access to education while recognizing the increasing role of private in enabling that access, particularly for the poor. However, the experience so far has been that the regulations create entry and exit barriers in the provision of education by entrepreneurs thereby reducing competition and keeping the cost of education high. It is in this context that regulation of private education is observed in the case studies to better understand how governments in other parts of the world have managed to harness private investment in education for the benefits of the society in general. The study examines three cases of best practices from around the world:

  1. Regulation of Hagwon/supplemental education centres in South Korea,
  2. Per-child funding model in the Netherlands, and
  3. Punjab Education Foundation in Pakistan.
Research Year: 2016 | Category: Education

The essence of good governance is good laws. For rule of law to operate, laws must be well-written and well-coded. Laws must be precise, principles-based, and should stand the test of time. Statues that are obsolete, redundant, repetitive, or inconsistent only create chaos for the masses and provide unnecessary powers in the hands of implementing agencies, weakening the social fabric and incentivising corruption.

During the campaigns for the 2014 General Election, BJP candidate Shri Narendra Modi promised the electorate that on being elected, he would make a sincere attempt at statutory legal clean up. The commitment was that for every new law passed, 10 redundant ones would be repealed, and that in his first 100 days in office he would undertake to repeal 100 old, burdensome laws. The Bhartiya Janata Party led National Democratic Alliance Government tabled the Repealing and Amending Bill (Third) Bill, 2015 in the Lok Sabha, recommending revision of about 180 obsolete laws. It was also the commitment of Shri Ravi Shankar Prasad, that this exercise of weeding out antiquated laws would be a continuous process.

After the success of Centre of Civil Society’s Repeal of 100 laws Project (in partnership with NIPFP Macro/Finance Group and Vidhi Legal Policy Centre), wherein 100 Central laws were suggested for repeal, of which 23 were formally included in the Repealing and Amending Bill, Centre for Civil Society has launched its Repeal of laws Project- Phase II, via its report that includes laws that warrant immediate repeal in Delhi, on the grounds of them being redundant, subsumed by newer legislations, or because they pose an impediment to growth, development, good governance and individual freedom.

We believe that while statutory reform is only the beginning of a wider process of legal overhaul, it is perhaps the most important. Without sound laws, India will not provide an enabling environment, neither for citizens, nor for entrepreneurs. Repealing pointless legislation is the first step in this direction.

For the year 2015, a similar report was prepared by us for the state of Delhi.

Research Year: 2015 | Category: Governance

The essence of good governance is good laws. For rule of law to operate, laws must be well-written and well-coded. Laws must be precise, principles-based, and should stand the test of time. Statues that are obsolete, redundant, repetitive, or inconsistent only create chaos for the masses and provide unnecessary powers in the hands of implementing agencies, weakening the social fabric and incentivising corruption.

During the campaigns for the 2014 General Election, BJP candidate Shri Narendra Modi promised the electorate that on being elected, he would make a sincere attempt at statutory legal clean up. The commitment was that for every new law passed, 10 redundant ones would be repealed, and that in his first 100 days in office he would undertake to repeal 100 old, burdensome laws. The Bhartiya Janata Party led National Democratic Alliance Government tabled the Repealing and Amending Bill (Third) Bill, 2015 in the Lok Sabha, recommending revision of about 180 obsolete laws. It was also the commitment of Shri Ravi Shankar Prasad, that this exercise of weeding out antiquated laws would be a continuous process.

After the success of Centre of Civil Society’s Repeal of 100 laws Project (in partnership with NIPFP Macro/Finance Group and Vidhi Legal Policy Centre), wherein 100 Central laws were suggested for repeal, of which 23 were formally included in the Repealing and Amending Bill, Centre for Civil Society has launched its Repeal of laws Project- Phase II, via its report that includes laws that warrant immediate repeal in Delhi, on the grounds of them being redundant, subsumed by newer legislations, or because they pose an impediment to growth, development, good governance and individual freedom.

We believe that while statutory reform is only the beginning of a wider process of legal overhaul, it is perhaps the most important. Without sound laws, India will not provide an enabling environment, neither for citizens, nor for entrepreneurs. Repealing pointless legislation is the first step in this direction.

For the year 2015, a similar report was prepared by us for the state of Maharashtra, wherein  on meeting with them, the State Government acknowledged and agreed to repeal 19 of the 25 laws that were presented to them for repeal.

Research Year: 2015 | Category: Governance

This paper presents case studies of two tribal villages - Mendha Lekha and Jamguda - successfully running forest-based bamboo businesses under the community forest rights provisions of Forest Rights Act (2006). We have documented the issues faced by the villagers in claiming community forest rights, issues faced in harvesting and sale of bamboo, and business practices adopted by both the villages.

Research Year: 2015 | Category: Livelihood

Tabled by V. Narayanasamy, Minister of State for Personnel, Public Grievances and Pensions, in Lok Sabha in December 2011, The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 was a proposed Indian central legislation which lapsed due to dissolution of the 15th Lok Sabha. This paper enumerates the provisions of the Bill, its obligations and its organizational structure and further enlists areas of dichotomy or possible loopholes after a systematic review of the bill. A comparative analysis of provisions of the Act as implemented across the 19 states is then taken up to find out differences to the approach of the act in various states. The paper further examines how internal and external models have lacked due to incidents of absenteeism, corruption and outreach and assesses the challenges faced by the upcoming e-governance models.

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Research Year: 2015 | Category: Governance

The paper examines the current state of funding of school education in India and identifies the inefficiencies and arbitrary nature of allocation of the system and suggests an alternative per-child funding model. The paper argues for the model on the basis of school choice and decentralized school administration, which would result in schools competing to be efficient in spending to attract/maintain students. The paper draws from such existing models in countries like Canada, Netherlands and UK while using the San Francisco School District's model as a detailed case study to further strengthen the argument for such a per-child model of funding.

Research Year: 2015 | Category: Education

Budget Private Schools (BPS) are privately-run schools that charge very low fees, operating among the poorer sections of the society and have become relevant to the education discourse of India. Such small schools began mushrooming in the late 1980s across developing countries as alternatives to dysfunctional state-run schools and India was no exception. However, the in the succeeding two decades, BPS contributed heavily to the soaring enrollment rates in private schools. These schools have been referred to in literature as “low-fee private schools”, “affordable private schools” and “private schools for the poor” among others, and are considered an entrepreneurial response to meet urgent education needs by expanding access to the poorest children. Despite lack of infrastructure and facilities, studies over the past decade has shown that learning outcomes in these schools are equal to or better than those of far more resourceful government schools. Despite huge spending over the past decade and more, the government still faces the challenges of millions of out-of-school children, high dropout rates after elementary education and low female enrolment among other things. It is in this context that existing literature on such low-fee charging private schools is being analysed to gain a better understanding of the situation in different parts of India about the achievements, challenges and overarching role of Budget Private Schools (BPS) in India’s school education ecosystem.

Studies published in the late 1990’s to as recent as 2014 have been included in the analysis and this meta-study has attempted to capture as wide a range of issues related to BPS from learning outcomes and regulations to gender problems and questions of equity while trying to maintain as much geographic coverage as possible at the same time. This study aims to understand why parents are increasingly choosing to send their children to BPS even in places with access to government-run schools, how children in BPS are performing relative to government schools and how regulations are affecting the functioning of BPS, besides trying to gain some clarity about the direction in which education in India is headed in this context.

Research Year: 2015 | Category: Education

Street vendors’ rights to carry on their trade in public spaces, has been the subject matter of debate and discussion in India for a very long time. In fact it has taken numerous judgments of the Supreme Court and High Court to recognize their rights and shape up a statutory regime. This scenario raises an important question, as to what is the kind of property rights enjoyed by these street vendors. A study was undertaken to analyse this aspect and answer some key questions pertaining to the gradual changes that occurred in the overall concept of property rights in India.

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Research Year: 2015 | Category: Livelihood

We review whether criminalising cheque bounce cases has been an effective remedy. We also study the penalties imposed in other countries against cheque bounce offenders and analyse their effective implementation in India.

Research Year: 2015 | Category: Others

Against the post-New Industrial Policy (1991) growth witnessed in large-scale industries, a corresponding boom in the small and mid-sized domestic industry has been conspicuously absent. The paper seeks to document the causes for the same. Further, a comparative evaluation of Indian MSMEs with those operating in other BRICS nations will be conducted, in an attempt to understand the overall effect of the business, policy and legal/regulatory environment on the growth of MSMEs.

Research Year: 2015 | Category: Livelihood