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6 CALJ 1 (2021-2022)
Assessing State School Education Laws on Administrative Safeguards

handle is hein.journals/cvecllw6 and id is 192 raw text is: CALJ 6(2) ASSESSING STATE SCHOOL EDUCATION LAWS ON ADMINISTRATIVE SAFEGUARDS JAYANA BEDI1 & PRASHANT NARANG2 This paper revien's the quality of all lans governing K- 12 education across sixteen states. The authors assess these lans on four parameters: (i) procedural safeguards (due process andprincples of naturaljustice) encoded in the law; (ii) guidance provided by the lawfor the quasi-judicial functions of the executive; (iii) the proportionaliy of the provisions of the law (based on its intended objective); and (iv) checks that the law places on the rule- making powers of the executive. These parameters have been drawn based on a review of international literature on administrative law. Laws that fare poorly on these benchmarks can impinge heavily on the rights and liberties of individuals they govern. In the case of the K-12 sector, the absence of such safeguards in the law may ultimatey affect children 's access to qualiy education. We find that most state lans fare poory on one or more of the parameters listed above. There is no parameter on n'hich all states perform well. While these lans continue to expand the scope of discretionary pon'ers granted to the executive, they fail to provide procedural safeguards n'hich could guide or limit the said discretion. Furthermore, some lams have also introducedprovisions that are excessive or arbitrary in nature. Wide discretionary powers often run the risk of abuse in the form of rent-seeking and corruption. Past analyses shon' the numerous ways in n'hich the departments of school education commit excesses n'hile exercising their discretionary powers. Given that the executive drans its pon'ers from the legislations studied, it is imperative that laws encode the safeguards highlighted in this paper * Cite it as: Bedi & N arang, Assessing State School Education Laws on Administrative Safeguards, 6(2) COMP. CONST. L. &ADMIN. L. J. 1 (2022). 1 Jayana Bedi is a Senior Associate, Research & Training Programs at Centre for Civil Society. The author may be reached at <jayana@ccs.in>. 2 Prashant Narang is a Senior Fellow, Research & Training Programs at Centre for Civil Society. The author may be reached at <prashant.narang@ccs.in>. ** The authors would like to thank their interns-Aashita Sharma, Abhishek Singh, Anagha Sasidharan, Anshum Agarwal, Bharatt Goel, Disha Mohanty, Harsh Pati Tripathi, Kartikay Agarwal, Mahek Shivani, Md Tasnimul Hassan, Nitish Dubey, Piyush Singh, Pratham Arya, Samriddho Sen, Saniya Khanna, Sarthak Chaturvedi, Shailendra Shukla, Shelal Lodhi Rajput, Siddhartha Mishra, Soundarya Rajagopal, Swantika Kumar and Viraj Aditya-for assisting them with the research process for this paper. 1

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