MAINS Current Affairs includes Government Schools Closure & Reforming the Supreme Court Collegium

GOVERNANCE 

1. Government Schools Closure

Context: A recent NITI Aayog report stated that nearly 94,000 government schools have been closed over the past decade—an average of 25 schools every day—resulting in a decline of 2.26 crore students in government school enrolment.

Government Schools in India

Government schools are the primary source of education for:

• Economically Weaker Sections (EWS)
• Scheduled Castes (SCs)
• Scheduled Tribes (STs)
• Other Backward Classes (OBCs)
• Minority communities

Constitutional Position

• Education is a Concurrent List
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009, a Central law, mandates the provision of neighbourhood schools.

Declining Enrolment

• 2005: 71% of students studied in government schools.
• 2024–25: The share declined to 24%, indicating a major shift towards private education.

Scale of School Closures

State governments have closed or merged thousands of government schools through policies of:

• School Rationalisation
• School Consolidation
• Cluster Development

These measures aim at:

• Better utilisation of resources
• Sharing infrastructure and teachers
• Implementing the objectives of National Education Policy (NEP), 2020

However, they have significantly reduced access to neighbourhood schools, especially for poor and rural children.

Most Affected States

Uttar Pradesh, Madhya Pradesh and Jammu & Kashmir

Madhya Pradesh

• Over 37 lakh children have no school records.
• Around 38 lakh children are at risk of dropping out.
• Thousands of government schools have extremely low or zero enrolment.

Jammu & Kashmir

• School mergers have forced children to travel 4–6 km.
• This weakens the RTE neighbourhood school principle and raises concerns about access and educational equity.

UDISE+ Data

• Government schools declined from 07 lakh (2014–15) to 10.17 lakh (2023–24).
• During the same period, the number of private schools increased.

Major Reasons for Closure of government schools

• Resource Pooling under NEP 2020: Many state Governments are merging low-enrolment schools into school complexes to share infrastructure, teachers and other resources.
• Shift towards Private Schools: Parents are opting for private schools due to poor infrastructure, teacher absenteeism, inadequate sanitation, and the demand for English-medium education.
• Teacher Shortages: Governments frequently merge or close down schools with low enrolment, particularly single-teacher schools, rather than fill teacher vacancies.
• Governance Issues: The problem of declining enrolment is often a consequence of administrative neglect and poor quality of schools and not lack of demand for education.

Impacts 

• Weakening of the Right to Education (RTE): Mergers of schools increase travel distances, violating the RTE Act’s promise of neighbourhood schools.
• Girls are at greater risk: Longer distances to school raise safety concerns, higher dropout rates and increased risks of early marriage.
• Marginalised Communities: SC, ST and Economically Weaker Families face greater barriers to education due to lack of access to transport and private schooling.
• Rise in dropouts: Big consolidation of schools has led to an increase in at-risk and untraceable students, increasing the chances of school dropouts.

Suggestions

• Ensure that school consolidation complies with the RTE Act, 2009, and provide safe, free transport wherever mergers are unavoidable.
• Assess the impact of school closures on girls, SC/ST communities, children with disabilities and migrant children.
• Fill teacher vacancies, strengthen early childhood educationand upgrade school infrastructure to increase enrolments.
• Involve School Management Committees (SMCs), Gram Panchayatsand parents in decisions on merging or closing schools.
• The Union and State Governments should jointly monitor school rationalisation to ensure that it aligns with NEP 2020 while safeguarding equitable access to education.

Conclusion

School rationalisation seeks to improve resource efficiency, but it should not compromise the constitutional objective of equitable and inclusive education. Any reform must balance administrative efficiency with the Right to Education, ensuring that every child—especially those from vulnerable communities—has continued access to quality neighbourhood schooling.

POLITY AND GOVERNANCE

2. Reforming the Supreme Court Collegium

Context: The Supreme Court of India highlighted concerns over the lack of transparency in the recommendations made by the Supreme Court Collegium, observing that unexplained appointments may undermine the quality and credibility of the judiciary.

Background

• The Supreme Court noted that the Collegium has stopped publishing reasons for recommending candidates for appointment or elevation to the constitutional courts.
• This marks a departure from its earlier practice of issuing reasoned resolutions, which enhanced transparency.
• The Court also defended live-streaming of court proceedings, while cautioning against the misuse of selectively edited video clips that may distort judicial proceedings.

Constitutional Provisions Governing Judicial Appointments

• Article 124provides for the appointment of judges of the Supreme Court by the President after consultation with constitutional authorities.
• Article 217 deals with the appointment of judges of the High Courts.
• Article 222empowers the President to transfer judges from one High Court to another after consultation with the Chief Justice of India.
• Article 50, a Directive Principle of State Policy, directs the State to separate the judiciary from the executive in the public services of the State, thereby strengthening judicial independence.

What is the Collegium System?

• The Collegium System is the mechanism through which judges of the Supreme Court and High Courts are appointed and transferred by the judiciary itself without any specific constitutional or statutory provision.
• The system evolved through a series of Supreme Court judgments known as the Three Judges Cases,which established the primacy of the judiciary in judicial appointments.
• At the Supreme Court level,the Collegium consists of the Chief Justice of India and the four senior-most judges of the Supreme Court.
• At the High Court level,the Collegium comprises the Chief Justice of the High Court and the two senior-most judges of that High Court.

What is the Memorandum of Procedure (MoP)?

The Memorandum of Procedure (MoP) lays down the rules and procedures governing the appointment of judges to the Supreme Court and High Courts.

Features

• It is jointly framed by the Government and the Judiciary.
• The present MoP was framed in 1999 after the Three Judges Cases.

Judicial Basis

The procedure evolved through:

• First Judges Case: P. Gupta v. Union of India (1981)
• Second Judges Case: Supreme Court Advocates-on-Record Association v. Union of India (1993)
• Third Judges Case: In re Special Reference No. 1 of 1998

Present Status

• After striking down the National Judicial Appointments Commission (NJAC) in 2015, the Supreme Court directed the Government to revise the MoP.
• The objective was to improve:
  • Transparency
  • Accountability
  • Efficiency
• However, despite several rounds of consultation, the revised MoP has not yet been finalised.

Evolution of the Collegium System

First Judges Case (1981)

• Held that the Executive had primacy in judicial appointments.
• The opinion of the Chief Justice of India was not binding.

Second Judges Case (1993)

• Reversed the earlier position.
• Held that the Chief Justice of India, acting collectively with senior judges, would have primacy in judicial appointments.
• This judgment created the Collegium System.

Third Judges Case (1998)

• Clarified that the Collegium would consist of:
  • Chief Justice of India
  • Four senior-most judges of the Supreme Court
• Institutionalised the present Collegium structure.

Significance of Transparency in Collegium System

• Improves Accountability: Public disclosure of reasons enables scrutiny of judicial appointments.
• Enhances Public Trust:Transparent appointments strengthen confidence in judicial independence.
• Promotes Merit-based Selection:Helps demonstrate that appointments are based on competence, integrity and constitutional values.
• Prevents Arbitrary Decisions: Recording the reasoning helps to minimise the possibility of subjective or opaque decision-making.

Challenges Associated with the Collegium System

• Lack of statutory framework.
• No codified eligibility or evaluation criteria.
• Limited public disclosure of deliberations.
• No formal mechanism for independent review.
• Allegations of opacity and favouritism continue to persist.
• Delays in appointments leading to judicial vacancies.

Way Forward

• Finalise the revised Memorandum of Procedure (MoP) to enhance transparency, objectivity and accountability in judicial appointments.
• Collegium recommendations should contain brief written reasons, while protecting legitimately confidential information.
• Ensure a more transparent, efficient and merit-based appointment process without compromising judicial independence.

Conclusion

The Collegium System remains the cornerstone of judicial appointments in India, safeguarding judicial independence through the primacy of the judiciary. However, greater transparency, objective evaluation standards and timely finalisation of the revised Memorandum of Procedure (MoP) are essential to strengthen public confidence, improve accountability and uphold the credibility of the higher judiciary.

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