Education, Labor Rights, and Incentives: Contract Teacher Cases in the Indian Courts

28 Pages Posted: 20 Apr 2016

See all articles by Nick Robinson

Nick Robinson

International Center for Not-for-Profit Law; Harvard Law School, Center on the Legal Profession

Varun Gauri

World Bank; World Bank - Development Research Group (DECRG)

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Date Written: July 1, 2010

Abstract

Since the liberalization of India's economy beginning in the early 1990's, the government has increasingly employed contract workers to perform various state functions, including in the education sector. Yet, little research has been done to examine how courts have reacted to this shift in government labor policy. This paper looks at all reported cases involving contract teachers in the Indian Supreme Court and four High Courts over the last thirty years. It finds that although almost never explicitly overturning precedent, the judiciary in India has increasingly become less sympathetic to contract teachers demands, particularly at the Supreme Court level. The paper then argues that the Court could use its power of judicial review to engage the government in a dialogue, not unlike some of its earlier decisions in the 1980s and early 1990s. The Court can help guide the government to create a labor policy that not only achieve better results for students, but better working conditions for teachers. Such a dialogic approach could potentially be adopted to help reframe the government?s contract labor policy more generally.

Keywords: Tertiary Education, Primary Education, Education For All, Teaching and Learning, Access & Equity in Basic Education

Suggested Citation

Robinson, Nick and Gauri, Varun, Education, Labor Rights, and Incentives: Contract Teacher Cases in the Indian Courts (July 1, 2010). World Bank Policy Research Working Paper No. 5365, Available at SSRN: https://ssrn.com/abstract=1646206

Nick Robinson

International Center for Not-for-Profit Law ( email )

1126 16th Street NW
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Harvard Law School, Center on the Legal Profession ( email )

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Varun Gauri

World Bank ( email )

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Washington, DC 20433
United States

HOME PAGE: http://econ.worldbank.org/staff/vgauri

World Bank - Development Research Group (DECRG)

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