Globalization and Higher Education in India

14

Implications of a Landmark Judgement for Higher Education and Minority Rights

Ninan Koshy

This study examines the landmark judgement of the Constitutional Bench of the Supreme Court of India in the T. M. A. Pai versus State of Karnataka, in October 2002, with special reference to its implications for privatization of education as well as for minority rights.¹ The judgement makes a major departure from previous verdicts and judicial thought on education, especially higher education. It legitimizes commercialization of higher education. On minority rights, although it clarifies certain aspects of the issue, it leaves important aspects unsettled.

Unfortunately, this and the subsequent judgements of the apex court, among other factors, have also ...