SBI Research Proposes Constitutional Amendment for Right to Free and Fair Education, Seeks Statutory Status for NTA
SBI Research has suggested a constitutional right to free and fair educational opportunities and called for changes to the National Testing Agency framework as part of wider higher education reforms.
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India's higher education system has expanded significantly over the past decade, with growth in institutions, student enrolment and the teaching workforce. However, gaps related to funding, faculty availability, examinations and access remain. A new report by SBI Research has proposed a set of reforms, including examining a possible constitutional right to free and fair educational opportunities and creating a stronger legal framework for the National Testing Agency (NTA).
IndiaтАЩs Higher Education Infrastructure Expands
The scale of India's higher education system has increased considerably. As per FY24 data cited in the SBI Research analysis, the country had 1,289 universities, 48,246 colleges and 15,221 standalone institutions, taking the total number of institutions to 64,756. Official AISHE data also shows that the number of universities increased from 760 in 2014-15 to 1,289 in 2023-24, while colleges rose from 38,498 to 48,246.
Student enrolment crossed 4.5 crore in FY24, with male and female participation approaching parity. The report also noted that SC, ST and OBC students together accounted for around 62 per cent of enrolment. Women have also recorded strong participation in higher education, including in the science stream.
PhD enrolment stood at around 3.4 lakh, with women accounting for nearly half of the total. About 43.7 per cent of PhD students were enrolled in Engineering and Science-related fields, according to the SBI Research analysis.
The teaching workforce also expanded, reaching 17.32 lakh teachers in FY24. 
Women accounted for around 45 per cent of the teaching workforce, while SC, ST and OBC teachers together represented around 55 per cent. Official AISHE data puts female teachers at 44.9 per cent of the total.
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SBI Research On Right To Free And Fair Education
Against this backdrop, SBI Research has suggested examining whether Article 21 of the Constitution could be amended to support a right to free and fair educational opportunity.
The report said the idea of тАЬfreeтАЭ education should also include protection from fraud, discrimination and unreasonable barriers to education. This remains a recommendation by SBI Research and does not represent any existing constitutional amendment.
At present, Article 21A provides a fundamental right to free and compulsory education for children aged six to 14 years. Higher education is not covered by Article 21A.
SBI Research Suggests Statutory Status For NTA
The report has also proposed changes to the legal structure of the National Testing Agency. NTA currently functions as a registered society and conducts several major entrance and eligibility examinations.
SBI Research has suggested creating the NTA as a statutory body through an Act of Parliament. According to the report, this could provide clearer legal responsibilities, permanent institutional expertise and an independent review mechanism. The proposal comes amid continuing concerns around examination administration and accountability.
The report said the NTA had conducted more than 240 examinations for over 5.4 crore candidates by July 2024. It also suggested stronger systems for question-paper security, candidate appeals, independent review and public accountability.
How IndiaтАЩs Major Exams Compare Globally
The scale of India's competitive examinations also highlights the importance of examination management. The report compared India's major entrance and recruitment examinations with some of the world's largest examinations by applicant volume.
The Gaokao in China, with around 12.9 million candidates, is among the largest examinations globally, followed by Brazil's ENEM with around 4.8 million candidates and China's national civil-service examination with around 3.7 million.
In India, NEET-UG attracts around 2.5 million candidates, while JEE Main sees around 1 million candidates. UPSC Civil Services Examination has around 1.2 million applicants, while UGC-NET has around 0.8 million candidates.
These numbers underline the scale at which India's examination agencies operate and explain SBI Research's emphasis on stronger systems for examination security, accountability and candidate grievance mechanisms.
Higher Education Funding And Faculty Vacancies
The report also highlighted funding and staffing challenges. SBI Research said higher education's share of total government expenditure has remained around 1 per cent, compared with 1.6 per cent in FY18.
It suggested increasing this share to 1.5 per cent and filling vacant teaching positions. Around 34 per cent of sanctioned teaching posts across centrally funded institutions were reported to be vacant.
SBI Research Calls For Focus On Vocational Education
The report also called for faster expansion of vocational education and skill-based training. It noted that 30.7 per cent of Indians aged 15тАУ29 had received or were receiving vocational training in 2025, up from 7.1 per cent in 2018.
SBI Research said further expansion of vocational education would be important as India prepares young people for changing employment requirements.
The recommendations come as India's higher education system continues to expand in terms of institutions, enrolment and faculty. The report's proposals focus on strengthening access, examination systems, public funding, staffing and skill development alongside this expansion.
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Anjali is an education journalist with over a year of experience in digital and business journalism. She has previously worked with BW Businessworld and ANI, where she gained experience in news writing, editing, research, and fact-checking. At Jagran Josh, she writes education news and covers competitive exams and current affairs, with a keen interest in delivering accurate, informative, and reader-focused content. She holds a BA from Miranda House, University of Delhi, and a postgraduate diploma in English Journalism from the Indian Institute of Mass Communication (IIMC). Anjali enjoys reading and exploring new ideas and perspectives through books.
