SBI Research Proposes Constitutional Right to Free and Fair Education, Statutory Status for NTA

SBI Research has proposed a set of higher-education and examination reforms that include examining a constitutional right to “free and fair educational opportunity” and giving statutory status to the National Testing Agency. The recommendations form part of a broader review of India’s expanding higher-education system and the governance challenges associated with admissions, examinations, teaching capacity and public investment.

The report suggests considering an amendment to Article 21 of the Constitution to support a broader educational right. In explaining the proposal, SBI Research uses “free” not simply in the sense of zero tuition fees, but as freedom from fraud, discrimination and unreasonable barriers that may prevent students from accessing educational opportunities fairly.

SBI Research Education Reform Proposals: Key Highlights

What Would a “Free and Fair” Education Right Mean?

The proposal is broader than India's existing constitutional guarantee of free and compulsory education for children aged six to fourteen. SBI Research is examining whether a wider constitutional principle could protect students against unfair barriers across the education system.

• Protection from fraud affecting educational opportunities.
• Protection against discrimination in access to education.
• Reduction of unreasonable barriers faced by students.
• Greater fairness in examination and admission processes.
• Stronger institutional accountability where student rights are affected.
• More transparent grievance and appeal mechanisms.

Why SBI Research Wants Statutory Status for NTA

The National Testing Agency currently operates as an autonomous organisation established under the Societies Registration Act. SBI Research proposes replacing this structure with a statutory body created through an Act of Parliament.

The report argues that a statutory framework could provide clearer legal responsibilities, permanent institutional expertise, independent review and stronger public accountability. By July 2024, the NTA had conducted more than 240 examinations involving over 5.4 crore candidates, according to the report, highlighting the scale of the agency’s role in national entrance testing.

Exam Reforms Suggested in the Report

• Stronger safeguards for question-paper custody.
• Independent review of examination processes.
• Formal mechanisms through which candidates can appeal.
• Clearer accountability for examination administration.
• Use of international large-scale testing experience where relevant.
• Reforms to state public service commission examinations.

Higher Education Has Expanded, but Gaps Remain

SBI Research notes that India had 64,756 universities, colleges and standalone higher-education institutions in FY24, while student enrolment crossed 4.5 crore. The number of teachers increased to about 17.32 lakh, and female participation moved close to parity with male enrolment.

These Are Recommendations, Not Adopted Law

The constitutional amendment and NTA statutory-body proposals are recommendations made by SBI Research. They do not by themselves change the Constitution, the existing Right to Education framework or the legal status of the National Testing Agency.

Any constitutional amendment would require the prescribed parliamentary process, while creation of a statutory NTA would require legislation. The report therefore contributes proposals to the continuing discussion around education governance, examination security, institutional accountability and student rights rather than announcing an immediate legal change.