Education, Labor Rights, and Incentives : Contract Teacher Cases in the Indian Courts
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...
Main Authors: | , |
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Format: | Policy Research Working Paper |
Language: | English |
Published: |
2012
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Subjects: | |
Online Access: | http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100720093334 http://hdl.handle.net/10986/3849 |
Summary: | 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. |
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