Teaching-Learning-Evaluation: Best Practices

Key Words: Teaching, Learning, Evaluation, Higher Education, Pedagogy, ICT Practices.

Abstract: This research paper solely based on secondary sources of information hopes to intervene in the ongoing debate around such questions which defines the Best Practices in Teaching, Learning and Evaluation. Also this paper hopes to encourage conversation about our current challenges in education system especially Higher Education, and address each of the hereinafter mentioned issues, from the history of numerous methodologies developed by researchers and academicians and applied to the search for rationality between the different manuscripts on school of psychological beliefs and thoughts to our current obsession with building world class school of mannerism and performance. The paper will also reflect upon use of ICT tools, interactive & innovative teachings and learning methods.

This research paper is an attempt to scrutinize the pool of “Best Practices” available in the domain of Teaching, Learning & Evaluation so as to establish a confident approach for the management and all concerned stakeholders of the academic premises to ascertain a viable augmentation in the 360 degree development of both, the students and the teaching fraternity. This paper also examines the different barriers in usage and implementation of ICT tools, interactive & innovative teachings and learning methods and its response to the target populace.

The research also reveals that as teachers, we need to go through a thorough transformation and revolutionize our teaching pedagogy with further inclusion of latest technology to aid the classroom learning process and evaluation as well.

Introduction:

Whenever I think about the people who have most inspired me during my life, I return, without fail, to my student days. I can still remember in particular the teachers who inspired me to value and respect education system which proved to be life-changer. There positive influences on me then continue to even this day. This practice of learning from a good university or college teacher is one that should be shared by maximum of students in the country today. Not only because fine teachers make one’s student days challenging, motivating and worthwhile; but because quality higher education teaching is extremely crucial in enabling our higher education institutions to produce the critically-thinking, creative, compliant graduates who will shape our future.

We are facing significant challenges – challenges too large to be dealt with by any one country acting alone: the economic emergency; unemployment, mainly for young people; shifting demographics; the surfacing of new competitors; new technologies and modes of working. India can no longer rest on its glory. We need to become more outward-looking, more original, and to put our societies on a sustainable foothold for the future. The quality of teaching, learning and evaluation should be at the nucleus of the higher education reform agenda in our Universities and Colleges – with a focus on curriculum that deliver relevant, updated knowledge and skills, knowledge which is globally connected, which is usable in the labor market, and which forms a basis for graduate’s on-going learning.

Our center of attention, therefore, should be on the quality of teaching, learning and evaluation for those who enter or who hope to enter higher education in the future. While widening and enhancing admittance to educational opportunity across the country is essential, it is also crucial that Indian students have access to the best possible higher education learning atmosphere.

Our higher education system is a key building block of our self-governing societies. The paramount teaching and learning environments encourage students to develop confidence in their own ingenious abilities, strong community engagement and a sense of ethical responsibility allied to the humility that comes from understanding that learning is a lifelong experience that demands a lifelong inquisitiveness and commitment.

Literature Review:

This perceptive of teaching as a high-priority contractual obligation to the students who are partners in the co-creation of knowledge underpins this research paper. More than that there is an obligation to the wider society to be the most effectual centre of severity, the best leavening agent that only a higher education institution can be. The need for professional training as a teacher at primary and secondary school level is generally taken for granted but remarkably, when it comes to higher education there seems to be an all too common assumption that such professional teacher training is not necessary, as if it is somehow an idea not fit for the professional academic.

Teaching and learning in higher education is a shared process, with responsibilities on both student and teacher to contribute to their success. Within this shared process, higher education must engage students in questioning their preconceived ideas and their models of how the world works, so that they can reach a higher level of understanding. But students are not always equipped for this challenge, nor are all of them driven by a desire to understand and apply knowledge, but all too often aspire merely to survive the course, or to learn only procedurally in order to get the highest possible marks before rapidly moving on to the next subject. The best teaching helps students to question their preconceptions, and motivates them to learn, by putting them in a situation in which their existing model does not work – and in which it matters to them that it does not work and in which they come to see themselves as authors of answers, as agents of responsibility for change. That means that students need to be faced with problems which they think are important. They need to engage with new questions which are bigger than the course itself, which have relevance to their own lives and which provoke a lively participation far beyond simply getting through assessment or exams.

Assessment of teaching and learning strategies can be sharpened through the interplay of internal and external quality assurance. The methodological approaches in applying standards and standardized procedures of external quality assurance carry useful potential for contributing to quality-rich teaching and learning environments with dynamic programme design and implementation.

Quality teaching and learning has broad horizons, taking place in a research-rich environment, where the subject matter is driven by the latest knowledge and research, delivered in a way which encourages students to develop academic literacy and both subject specific and generic skills which they can apply immediately in the real world, especially in the labor market. The best teaching encourages students to be aware of and to draw on the research not only of the teacher, but also of fellow academics within and beyond the university or college, including internationally. In this era of increasingly rapid globalization, the teaching and learning experience for all students must be globally connected, enabling students to develop an understanding of how their subject is viewed and pursued in different parts of the world.

ICT Tools, Interactive & Innovative Teaching and Learning Practices:

Our main task as classroom teachers who seek to understand what we do and improve at it is thus twofold. First, we should identify our unique niche—the educational elements that can only be delivered by a teacher in the classroom. Second, we should create a classroom experience that will facilitate the delivery of those elements.

In day-to-day life we—and our students—often interact with experts in different fields; but, for the most part, we only get to hear their final judgment on things. The students, on the other hand, are with you, the expert, as you identify and work through a problem. They watch as you dissect an issue to reveal its internal processes. They observe and offer comments and suggestions as you respond to a question by approaching it critically: separating the trivial from the essential, evaluating various logical possibilities, and weighing several lines of evidence. They cannot readily get that from TV or the Internet. The classroom offers students a safe, face-to-face, and academically productive group experience. Other learning experiences may combine one or two of these qualities, but not all three. For example, the Internet may be safe and academically productive, but it lacks the interactive aspect.

The classroom is unique in its ability to provide direct access to expert and group processes, rather than merely delivering content. Students will have little memory of—and little use for—much of the specific course content, but they will remember the dominant class processes, because these processes apply across a broad range of circumstances and life paths. In the long run, internalizing the fundamental mechanics of the discovery process—as well as its thrill and challenge—is more important than any particular discovery.

Recommendations & Suggestions:

• Every institution should build up and implement a strategy for the support and on-going upgrading of the quality of teaching and learning, allocating the necessary level of human and financial resources to the duty, and integrating this priority in its overall mission, giving teaching owed parity with research.

• Higher education institutions should give confidence, welcome, and take account of student feedback which could spot problems in the teaching and learning environment early on and guide to faster, more effective improvements. All staff teaching in higher education institutions should have received certified didactic training. Continuous professional education as teachers should become a requirement for teachers in the higher education sector.

• Heads of institutions and institutional leaders should recognize and reward higher education teachers who make a considerable contribution to improving the quality of teaching and learning, whether through their exercise, or through their research into teaching and learning.

• Curriculum should be developed and monitored through dialogue and partnerships among teaching staff, students and graduates, drawing on fresh methods of teaching and learning, so that students acquire relevant skills that enhance their employ-ability.

• Student recital in learning activities should be assessed against clear and agreed learning outcomes, developed in partnership by all faculty members involved in their deliverance.

Conclusion:

An initial step is to create the conditions in which the higher education sector gives parity of esteem to both teaching, learning and evaluation, so that the higher education teacher knows that he or she has to devote not simply in a command of his or her discipline, whether it is law, literature or science, but must invest in being a good teacher and will be rewarded aptly for doing so.

An improved act in teaching and learning has to be embedded in an institution’s culture and self-ideation. To build up a quality culture of good teaching and learning, academic teachers have to be convinced and fully involved in the project. The institution needs to sustain its teaching staff through various measures, ranging from continuing education and training offers to individual mentoring and coaching, and measures that strengthen the cooperation among the team of teachers, especially in the design, development and delivery of curricula and in the assessment of student performance.

Asking students for their feedback on their learning perceptive at the end of the semester has become common practice in many countries, but it is not always obvious that their views have any actual impact or conduce to enviable changes. Higher education institutions need to build environments and feedback mechanisms and systems to allow students’ views, learning experience, and their performance to be taken into account.

Teaching students well obviously implies that teachers produce up-to-date and good quality material for their lessons. A teacher’s understanding base should not be restricted simply to his or her own subject, but must also include an understanding of learning theories – such as mature learning theory, self-directed learning and self-efficacy – and how to incorporate them into practice. Teachers must be conscious that different kinds of teaching methods and educational settings can produce different kinds of learning. Teachers should be able to face rapidly changing demands, which require a new set of competences and call for novel approaches to teaching and learning. They should also be able to stimulate open and flexible learning that will improve learning outcomes, review and recognition.

Bibliography:

• http://www.nea.org/assets/img/PubThoughtAndAction/TAA_04Win_03.pdf
• http://ec.europa.eu/education/library/reports/modernisation_en.pdf
• http://www.ed.gov.nl.ca/edu/k12/curriculum/guides/health/elementary/process.pdf
• http://www.tefl.net/esl-articles/teaching-learning.htm
• http://www.necsi.edu/research/management/education/teachandlearn.html

150 Teaching Methods

1. Lecture by teacher (and what else can you do!)
2. Class discussion conducted by teacher (and what else!)
3. Recitation oral questions by teacher answered orally by students (then what!)
4. Discussion groups conducted by selected student chairpersons (yes, and what else!)
5. Lecture-demonstration by teacher (and then what 145 other techniques!)
6. Lecture-demonstration by another instructor(s) from a special field (guest speaker)
7. Presentation by a panel of instructors or students
8. Presentations by student panels from the class: class invited to participate
9. Student reports by individuals
10. Student-group reports by committees from the class
11. Debate (informal) on current issues by students from class
12. Class discussions conducted by a student or student committee
13. Forums
14. Bulletin boards
15. Small groups such as task oriented, discussion, Socratic
16. Choral speaking
17. Collecting
18. Textbook assignments
19. Reading assignments in journals, monographs, etc.
20. Reading assignments in supplementary books
21. Assignment to outline portions of the textbook
22. Assignment to outline certain supplementary readings
23. Debates (formal)
24. Crossword puzzles
25. Cooking foods of places studied
26. Construction of vocabulary lists
27. Vocabulary drills
28. Diaries
29. Dances of places or periods studied
30. Construction of summaries by students
31. Dressing dolls
32. Required term paper
33. Panel discussion
34. Biographical reports given by students
35. Reports on published research studies and experiments by students
36. Library research on topics or problems
37. Written book reports by students
38. Flags
39. Jigsaw puzzle maps
40. Hall of Fame by topic or era (military or political leaders, heroes)
41. Flannel boards
42. Use of pretest
43. Gaming and simulation
44. Flash cards
45. Flowcharts
46. Interviews
47. Maps, transparencies, globes
48. Mobiles
49. Audio-tutorial lessons (individualized instruction)
50. Models
51. Music
52. Field trips
53. Drama, role playing
54. Open textbook study
55. Committee projects--small groups
56. Notebook
57. Murals and montages
58. Class projects
59. Individual projects
60. Quizdown gaming
61. Modeling in various media
62. Pen pals
63. Photographs
64. Laboratory experiments performed by more than two students working together
65. Use of dramatization, skits, plays
66. Student construction of diagrams, charts, or graphs
67. Making of posters by students
68. Students drawing pictures or cartoons vividly portray principles or facts
69. Problem solving or case studies
70. Puppets
71. Use of chalkboard by instructor as aid in teaching
72. Use of diagrams, tables, graphs, and charts by instructor in teaching
73. Use of exhibits and displays by instructor
74. Reproductions
75. Construction of exhibits and displays by students
76. Use of slides
77. Use of filmstrips
78. Use of motion pictures, educational films, videotapes
79. Use of theater motion pictures
80. Use of recordings
81. Use of radio programs
82. Use of television
83. Role playing
84. Sand tables
85. School affiliations
86. Verbal illustrations: use of anecdotes and parables to illustrate
87. Service projects
88. Stamps, coins, and other hobbies
89. Use of community or local resources
90. Story telling
91. Surveys
92. Tutorial: students assigned to other students for assistance, peer teaching
93. Coaching: special assistance provided for students having difficulty in the course
94. Oral reports
95. Word association activity
96. Workbooks
97. Using case studies reported in literature to illustrate psychological principles and facts
98. Construction of scrapbooks
99. Applying simple statistical techniques to class data
100. Time lines
101. "Group dynamics" techniques
102. Units of instruction organized by topics
103. Non directive techniques applied to the classroom
104. Supervised study during class period
105. Use of sociometric text to make sociometric analysis of class
106. Use of technology and instructional resources
107. Open textbook tests, take home tests
108. Put idea into picture
109. Write a caption for chart, picture, or cartoon
110. Reading aloud
111. Differentiated assignment and homework
112. Telling about a trip
113. Mock convention
114. Filling out forms (income tax, checks)
115. Prepare editorial for school paper
116. Attend council meeting, school boar meeting
117. Exchanging "things"
118. Making announcements
119. Taking part (community elections)
120. Playing music from other countries or times
121. Studying local history
122. Compile list of older citizens as resource people
123. Students from abroad (exchange students)
124. Obtain free and low cost materials
125. Collect old magazines
126. Collect colored slides
127. Visit an "ethnic" restaurant
128. Specialize in one country
129. Follow a world leader (in the media)
130. Visit an employment agency
131. Start a campaign
132. Conduct a series
133. Investigate a life
134. Assist an immigrant
135. Volunteer (tutoring, hospital)
136. Prepare an exhibit
137. Detect propaganda
138. Join an organization
139. Collect money for a cause
140. Elect a "Hall of Fame" for males
141. Elect a "Hall of Fame" for females
142. Construct a salt map
143. Construct a drama
144. Prepare presentation for senior citizen group
145. Invite senior citizen(s) to present local history to class including displaying artifacts (clothing, tools, objects, etc.)
146. Prepare mock newspaper on specific topic or era
147. Draw a giant map on floor of classroom
148. Research local archaeological site
149. Exchange program with schools from different parts of the state
150. In brainstorming small group, students identify a list of techniques and strategies that best fit their class.

Source:http://teaching.uncc.edu/learning-resources/articles-books/best-practice/instructional-methods/150-teaching-methods

Teaching Strategies

There are a variety of teaching strategies that instructors can use to improve student learning. The links below will show you some ways to make your classes more engaging.

• Active Learning - Active Learning is anything that students do in a classroom other than merely passively listening to an instructor's lecture. Research shows that active learning improves students' understanding and retention of information and can be very effective in developing higher order cognitive skills such as problem solving and critical thinking. 
• Clicker Use in Class - Clickers enable instructors to rapidly collect and summarize student responses to multiple-choice questions they ask of students in class.
• Collaborative/Cooperative Learning - Cooperative and collaborative learning are instructional approaches in which students work together in small groups to accomplish a common learning goal.They need to be carefully planned and executed, but they don't require permanently formed groups.
• Critical Thinking - Critical thinking is a collection of mental activities that include the ability to intuit, clarify, reflect, connect, infer, and judge. It brings these activities together and enables the student to question what knowledge exists. 
• Discussion Strategies - Engaging students in discussion deepens their learning and motivation by propelling them to develop their own views and hear their own voices.  A good environment for interaction is the first step in encouraging students to talk. 
• Experiential Learning - Experiential learning is an approach to education that focuses on "learning by doing," on the participant's subjective experience. The role of the educator is to design "direct experiences" that include preparatory and reflective exercises.
• Games/Experiments/Simulations - Games, experiments and simulations can be rich learning environments for students.  Students today have grown up playing games and using interactive tools such as the Internet, phones, and other appliances.  Games and simulations enable students to solve real-world problems in a safe environment and enjoy themselves while doing so. 
• Humor in the Classroom - Using humor in the classroom can enhance student learning by improving understanding and retention. 
• Inquiry-Guided Learning - With the inquiry method of instruction, students arrive at an understanding of concepts by themselves and the responsibility for learning rests with them. This method encourages students to build research skills that can be used throughout their educational experiences.
• Interdisciplinary Teaching - Interdisciplinary teaching involves combining two different topics into one class.  Instructors who participate in interdisciplinary teaching find that students approach the material differently, while faculty members also have a better appreciation of their own discipline content. 
• Learner-Centered Teaching - Learner-Centered teaching means the student is at the center of learning.  The student assumes the responsibility for learning while the instructor is responsible for facilitating the learning.  Thus, the power in the classroom shifts to the student. 
• Learning Communities - Communities bring people together for shared learning, discovery, and the generation of knowledge. Within a learning community, all participants take responsibility for achieving the learning goals.   Most important, learning communities are the process by which individuals come together to achieve learning goals. 
• Lecture Strategies - Lectures are the way most instructors today learned in classes.  However, with today’s students, lecturing does not hold their attention for very long, even though they are a means of conveying information to students. 
• Mobile Learning - Mobile Learning is any type of learning that happens when the learner is not at a fixed location.
• Online/Hybrid Courses - Online and hybrid courses require careful planning and organization.  However, once the course is implemented, there are important considerations that are different from traditional courses.  Communication with students becomes extremely important. 
• Problem-Based Learning - Problem-based Learning (PBL) is an instructional method that challenges students to "learn to learn," working in groups to seek solutions to real world problems. The process replicates the commonly used systemic approach to resolving problems or meeting challenges that are encountered in life, and will help prefer students for their careers. 
• Service Learning - Service learning is a type of teaching that combines academic content with civic responsibility in some community project.  The learning is structured and supervised and enables the student to reflect on what has taken place. 
• Social Networking Tools - Social networking tools enable faculty to engage students in new and different means of communication.
• Teaching Diverse Students - Instructors today encounter a diverse population in their courses and many times need assistance in knowing how to deal with them.
• Teaching with Cases - Case studies present students with real-life problems and enable them to apply what they have learned in the classroom to real life situations.  Cases also encourage students to develop logical problem solving skills and, if used in teams, group interaction skills.  Students define problems, analyze possible alternative actions and provide solutions with a rationale for their choices. 
• Team-Based Learning - Team-based learning (TBL) is a fairly new approach to teaching in which students rely on each other for their own learning and are held accountable for coming to class prepared.  Research has found that students are more responsible and more engaged when team-based learning is implemented.  The major difference in TBL and normal group activities is that the groups are permanent and most of the class time is devoted to the group meeting. 
• Team Teaching - At its best, team teaching allows students and faculty to benefit from the healthy exchange of ideas in a setting defined by mutual respect and a shared interest in a topic.  In most cases both faculty members are present during each class and can provide different styles of interaction as well as different viewpoints. 
• Writing Assignments - Writing assignments for class can provide an opportunity for them to apply critical thinking skills as well as help them to learn course content. 

Source: http://pedagogy.merlot.org/TeachingStrategies.html

Four-Stage Model for College Success

Four-Stage Model for College Success

The Four-Stage Model for College Success was developed and utilized specifically to guide the mentoring/coaching program for students.

The four stages of the program included:

1) Orientation

2) Development of College Management Plan

3) Implementation and Monitoring

4) Maintenance and Evaluation.

The first stage begins with a four-week orientation in which students meet in a large group. They became acclimated to the campus, and learn study skills, time management, and organization skills. They learn the importance of advocating for themselves as well as the skills to do so.

 The students learn the importance of knowing their own learning style and relating this information to their professors teaching styles using data from the Learning Combination Inventory (LCI). Mentors/Coaches assist the student in understanding their strengths, weaknesses, as well as how to combine those strengths and weaknesses with their professors teaching styles.  Knowledge of their learning styles is also intended to empower the students and increase their confidence level; thus, increasing self-esteem.

Each student in this program was assigned a mentor by the second week that assisted with organizing assignments, adjusting to living environments, and assist with social skills when needed.  A contract is signed by the mentee and the mentor with the intention of obtaining a commitment from the mentee to complete the program. Students are encouraged to attend all campus programs in an attempt to assist them making contacts and feeling connected to the university. A proactive stance is taken by the mentor in order to predict possible issues that may arise which will result in a reduction in stress.

The second stage begins with the fifth week with emphasis on completing a College Management Plan (CMP). A CMP is developed collaboratively between the mentor and mentee and consists of the following domains: understanding of disability, organizational plan, time management, study skills, learning style, behavior management, self-esteem, problem-solving, recreation/activity plan, social skills/communication plan, health maintenance.  In the College Management Plan, three goals are agreed upon to assist in achieving success.

In the third stage, mentors meet with their assigned mentee’s at least once a week depending on the individual needs. Students are encouraged to attend individual meetings, a weekly support group, and monthly workshops. Students are also encouraged to drop-in at anytime as issues arise. The CMP is reviewed weekly and mentors monitor workload and academic progress. Referrals are made as needed for subject tutoring, personal counseling, and career and academic planning.

The fourth stage is the maintenance phase, which occurs after the first semester for most students. For other students who had greater needs, the support continued as needed. With the on-going evaluation of progress, the level of support needed to assist the students in being successful is discovered. The goal in this stage is to empower the student to become independent and benefit from an improved style of life and academic success.

Results of this program indicate that the overall college experience of students with disabilities who participated in the mentoring/coaching program was more positive and effective as compared to those who did not participate in the program. Results indicate that students who participated in the program experienced higher self-esteem, reduced anxiety and an efficient transition to college. They also experienced and increase in completed classes, higher GPA’s and retention.

 Source: https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwj_zt6oktXMAhXCRY8KHVUZCr0QFggbMAA&url=http%3A%2F%2Fwww.rowan.edu%2Fstudentaffairs%2Fasc%2Fdisabilityresources%2Fmentoring%2Ffour-stage_model_of_success_description.doc&usg=AFQjCNHCje7S1SGJo3KzWAMyI7PuAzZbwQ&bvm=bv.121658157,d.c2I

"The framework of Political Development in the Indian Constitution".

  - Amit Arya, Faculty, BBA Dept., Dhanwate National College, Nagpur 

Email Id: mailtoamitarya@gmail.com

Abstract: This research-paper solely based on secondary sources of information hopes to intervene in the ongoing debate around such questions which defines the framework of Political & Social Development in the Indian Constitution and further explore our constitutional challenges in a boisterous democracy. Also this paper hopes to encourage conversation about our current constitutional challenges, and address each of the hereinafter mentioned themes, from the history and politics of judicial appointments to the search for rationality between the different benches of the Supreme Court to our tragic obsession with tribunals. The paper will also reflect upon institutional, structural concerns outside the judiciary, in particular, the Parliament.

Keywords: Indian Constitution, Political Development, Parliament, Supreme Courts, Tribunals, Judiciary.

The Indian Constitution – An Introduction to “the problem”

“ A set of rules approved by (majority) representatives of the States to follow a list of “Do’s” and “Don’ts” with the aim to bring Prosperity, Equality and Just to the people of the nation.”

Since its creation over six decades ago, the life of India’s Constitution has involved much political tilt and various forms of improvisation. Formally amended over a hundred times and informally reinterpreted in countless judicial decisions, the document symbolize the idea of common nationality and a shared political commitment while its practices reveal shifting socio-political norms, principles, and aspiration. Constitutional challenges in India as elsewhere are hardly inert, even if countries must ever so often wrestle with tensions that acquire a lasting character. How do countries negotiate new, changing socio-political landscape within the terms of already set rules? What kinds of challenges have emerged in India in the recent history and what sorts of new questions do they require us to explore?

One of the most evident and acknowledged trends in Indian constitutional development over the past few years has been ascend of the Indian judiciary. Since the 1970s, the judiciary, and the Supreme Court in particular, has come to attain a status in Indian political life that it lacked in the early years of the Republic. The reasons for this are classically regarded to be the demur of other public institutions, most notably Parliament, and the emergence of a governance void.

The story of the Supreme Court’s rise is an intricate one, and an important element in the story is thought to be the expansion and intensification of public interest litigation, a procedural development that transformed both the character of litigation facing the court and the kinds of disputes that became subject to judicial pledge. While a vigilant analysis of the court’s principle over the past three decades might lead to surprising results and suggest that the court is in fact far less activist, as it were, than is commonly imagined, and that in remedial terms it is thought to deliver more than it does, few would rebuff that hardly any areas of Indian political life are now immune from the court’s gaze. Regardless of the definitive decision delivered and the vast degrees of reverence that exist – important though this is – there is little that has remained outside the purview of the court’s jurisdiction.

Amongst the most controversial matters on which the court has come to have a position has been the appointment of judges. Through a sequence of decisions in the 1990s, the court interpreted the rule determining how judges shall be appointed and believed that no appointment could be made unless it was recommended by the collegiums (the five senior-most judges of the court). To be in command over the appointments procedure was ostensibly driven by a need for judicial independence: if the legislature or administrative could control who serves on the judiciary, how would the judiciary emerge as being staffed by judges who were truly independent? This apprehension is legitimate and the problem of judicial independence is a real one. But the collegiums system of appointments has invited near widespread criticism. Some of the criticism is lawful and technical – it is suggested that the Constitution envisages a very different appointments process – but, for the most apart, the criticism has been that the attempt towards independence has come at the solemn cost of accountability. The in progress system suffers from, the argument goes, a major lack of transparency.

The appointment system is the most politically charged structural question in front of the judiciary today but it is barely the only one. A different alarm facing the operation of the Supreme Court is the structure of benches. In contrast to the United States Supreme Court which sits en banc, the Indian Supreme Court operates in different courtrooms. The Chief Justice’s role in determining bench composition and allocation is central, and recent research has indicated the extraordinary power he wields. In recent years, the figure of constitutional benches (benches who strength is five judges or more) has decreased and several new, imperative doctrinal questions appear before smaller benches. Moreover, there appears to be no clear, standard model that determines bench size, and it is not apparent that the size of a bench and the legal magnitude of an issue correspond with the same severity that they once did. Although this change is subtle, it threatens the doctrine of precedent and has the prospective to give rise to decisions that are per incuriam, eventually threatening the rule of law.

A rather different structural question is being faced by another organ: tribunals. Tribunals, with their quasi-judicial nature, began with two kinds of promises. First, their curtailed procedural set up promised a faster model of justice delivery. Second, they were initiated in areas where expert knowledge was thought to matter. Staffed with experts, tribunals hoped to meet the challenges posed by the technical complexity of the disputes they adjudicated. But although there has been merely no research on tribunals and whether they have been victorious in achieving these aims, they have matured at an exponential rate. They are now not merely outstanding organs for certain rare, unique kinds of cases; rather, they are fast becoming forums in which fundamental legal questions are subject to resolution.

The inconsiderate development of tribunals has given rise to two major concerns, which have received far too little consideration in discussions on judicial restructuring. First, despite the fact that tribunals have confirmed no evidence of performing capably, the focus has been on creating new tribunals rather than strengthening the existing judicial system. As is the case with civic institutions in India generally, the remedy for deteriorating institutions has been the conception of new ones rather than remedying flaws with existing institutions. The random growth of tribunals has sidetracked attention from any solemn reform of the high courts.

A second key concern regarding tribunals relates to judicial independence. Tribunals are staffed to a substantial level by bureaucrats, although the Supreme Court has held that judicial independence and the parting of powers doctrine demands that judges constitute at slightest fifty per cent of the tribunal. Tribunals have become a retirement abode for bureaucrats. Apart from the hasty expansion of tribunals, therefore, indicating some form of rent seeking, bureaucratic staffing of tribunals raises a vital separation of powers concern: executive infringement upon the judiciary.

The last years has been one in which numerous of the above institutional concerns have acquired salience and require rethinking. But it was also a year of a number of very prominent judicial decisions, whose legal and political impact might be felt for years. Perhaps the most prominent of these was the 2-G decision, in which the Supreme Court cancelled spectrum licenses that had been awarded through an purportedly arbitrary process. The court’s decision approved enormous legitimacy to the anti-corruption movement, and represented an example in which it took a strong stand against the executive backed by major corrective implications. But was the decision ground in sound administrative law doctrine or was it more oratory than reason?

An additional milestone decision was the protection of the constitutionality of the Right to Education Act, a law which imposes conditions on private educational institutions and demands that they admit a certain quota of underprivileged children. The decision was extensively praised, and the impugned law has been regarded as a path-breaking social justice measure (although its precise drafting and policy requirements are thought to leave much to be desired). But, despite its alleged payback, to what extent is the court’s decision sensitive to the temperament of horizontal privileges under the Constitution and does it adequately acknowledge the right to freedom of profession?

These are only some questions that at present dominate Indian constitutional law debate and recommend avenues of inquest that might be pursued. Others of great connotation at the instant include the question of land acquirement and the right to property or the correlation between constitutionalism and the economy.

Tribunals: a tragic obsession

Over the last 25 years, Parliament has systematically taken away significant judicial functions of the High Courts and the civil courts and vested them in quasi-judicial tribunals. The stature of our High Courts has been reduced and, if this trend continues, vitally important cases will come to be decided by tribunals that are wholly controlled by the executive. The tribunalization of our judicial system will lead to consequences that our country will bitterly regret. Despite the fact that the functioning of most tribunals is in a pathetic state, the zeal to create more tribunals has not abated. Very few have realized that the real solution lies in strengthening the existing courts and confining tribunals to a few specialized areas. It is equally important to ensure that specialized tribunals are not manned by generalist civil servants or judges.

The first blow came with the 42nd amendment to the Constitution, made during the Emergency promulgated in June 1975. Furious at the independence of the judiciary, Indira Gandhi was determined to drastically cut the power of this branch of government. On the ground that there were mounting arrears in the High Courts and there was a need to ensure speedy disposal of service and tax cases, Articles 323A and 323B were inserted. At the same time, major amendments were made to drastically curtail the powers of the High Courts under Articles 226 and 227.

Tribunals began with the setting up of the Income Tax Appellate Tribunal (ITAT) in 1941, which acquired a reputation for impartiality and fairness. Many famous lawyers developed their argumentative skills in cases before the ITAT. It is said that Nani Palkhivala, perhaps, argued more cases before this tribunal than any other forum. After independence, the ITAT pattern of a two-member tribunal was followed by the creation of sales tax tribunals in several states. These tax tribunals were outside the mainstream judiciary; within the judiciary function the rent control, motor vehicle and industrial tribunals. Till date, election petitions are also heard by a High Court judge who functions as the Election Tribunal. 

The Company Law Board (CLB), created in 1988, began functioning in May 1991. It was also patterned on the ITAT and marked a major departure in the creation of tribunals. Till then, all tribunals outside the judiciary dealt with disputes between the citizen and government departments. For the first time private disputes between two shareholders or between the shareholders and the company were shifted to a quasi-judicial body. The functions discharged by the High Court for almost 80 years were now shifted to four benches of the Company Law Board. Strangely, for the last two decades, the government has been unable to recruit even nine members for this tribunal and, over the years, cases which were heard by two members are now being heard by a single member.

Following the establishment of the CLB, the Debt Recovery Tribunals (DRT) was set up. The rationale was that there were too many cases pending before the civil courts and banks had to wait for several years to recover their money. Flush with this success, the National Company Law Tribunal (NCLT)/ National Company Law Appellate Tribunal (NCLAT) were created in 2002; the National Tax Tribunal (NTT) and the Intellectual Property Appellate Board (IPAB) in 2003. In a span of two years, the jurisdiction of the High Courts in company law, taxation and intellectual property were simply taken away. Fortunately, the creation of NCLT/NCLAT and NTT has been halted because of certain judgments which are discussed later.

 The rewards to civil servants are so enormous that the government has insisted on creating more and more tribunals, even though most of them have failed to achieve the objective of speedy and specialized disposal of cases. There was no justification for creating more than twenty benches of the NCLT in various states with 62 members when the admitted arrears in company cases was just 6000. Indeed, the creation of a Company Law Board was never a part of the initial reference to Justice Eradi who headed the committee. Most of the responses were against the creation of the NCLT. The Reserve Bank of India was also against taking away the jurisdiction of the High Courts.

Conclusion:

- Madhav Khosla in his book “The Indian Constitution” rightly criticizes the power given to a Speaker of a legislative assembly to decide on the disqualification of a member for defection under the 10th Schedule to the Constitution. He rightly points out that such a power should not be given to a Speaker considering his political background and erratic ways of the Speakers of legislative assemblies, and that such a power should have been conferred on an independent body like the Election Commission.

- The author appears to be benign in his interpretation of the judgement in the controversial Supreme Courts Advocates on Records case (1992), which by dubious interpretation of Article 124(2) of the Constitution appropriated the power of appointment of judges to collegiums of judges of the Supreme Court. He believes that the criticism and that the power to appoint judges of the Supreme Court has been taken over by the judiciary is an exaggeration and that the decision only ingeniously made both the executive and judiciary powerful as regards appointments. Evidently, the author has not sufficiently realized the practical working of the collegiums system of judges which today is regarded as lacking in any transparency and, worse, contributing to the inferior quality of judges appointed by the system.

- The perceived reason for creating tribunals is often attributed to the huge backlog of cases and the need for specialization. However, the real reason is that tribunals are an excellent source of post-retirement opportunities for several bureaucrats and High Court judges. For instance, the National Company Law Tribunal (NCLT) required 62 members throughout India, the majority of whom will most certainly be retired civil servants. The term of office is deliberately restricted to five years so that no self-respecting and competent lawyer will apply. Similarly, the National Taxation Tribunal (NTT) contemplates strength of 50 members. Thus, creating more tribunals generates more post-retirement opportunities for the bureaucracy.

-  The rewards to civil servants are so enormous that the government has insisted on creating more and more tribunals, even though most of them have failed to achieve the objective of speedy and specialized disposal of cases. There is no doubt that tribunals are an essential part of the justice delivery system and have an important role to play. It is necessary to ensure that tribunals are confined to disputes between citizens and government departments and are not formed to decide disputes which are essentially civil or criminal in nature. If such tribunals are to be formed, they should be part of the judiciary itself like the rent control and motor-vehicle tribunals. Similarly, substantial questions of law cannot be decided by tribunals as this is the exclusive realm of the judiciary. It is equally necessary that all tribunals must come under the Ministry of Law and have uniform conditions of service. This was recommended in Chandra Kumar’s case in 1977.

- Finally, one must realize that tribunals are primarily meant to resolve disputes; in India, their primary function is to provide employment to retired bureaucrats. Adjudicating disputes is ancillary or incidental to this object. Taking away disputes from courts and vesting them in tribunals has proved to be disastrous to the Indian legal system. The fatal attraction with tribunals has weakened the judiciary without any improvement in the disposal of case or in the quality of justice.

Needless to say, in turning my interest to the debates of the Constituent Assembly, it is not my intention to either pledge to or advocate an original interpretation of the Indian Constitution. Techniques of constitutional version provide a well-heeled subject for debate, one that must necessarily take place elsewhere. My limited intent is to twirl to history for the lessons it teaches us, so that any bid for reform is duly informed by both the positives as well as the pitfalls of past experiences.

References:

THE INDIAN CONSTITUTION by Madhav Khosla. Oxford University Press, Delhi, 2012

-  Union of India v. Delhi High Court Bar Association (2002) 4 SCC 275.
- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
- V.Balachandran v Union of India (1993) 76 Comp Cas 67 (Mad).
- S.P. Sampath Kumar v Union of India (1987) 1 SCC 124.
- L. Chandra Kumar v Union of India (1997) 3 SCC 261.
- Harry Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.
- L. Chandra Kumar v Union of India (1997) 3 SCC 261.

Arvind P. Datar – Tribunals;http://india-seminar.com/2013/642/642_arvind_p_datar.htm

History’s Lessons from Constitutional Reforms – Arghya Sengupta

u4upskill.blogspot.in - Amit Arya.

Indian Constitution

Meaning:

“ A set of rules approved by (majority) representatives of the States to follow a list of “Do’s” and “Don’ts” with the aim to bring Prosperity, Equality and Just to the people of the nation.”

A paper on development of entrepreneurship in India by implementing  various Skills development programs by state and central government of India and it's challenges.

By:

Dr Preeti R Gotmare

Post Doctoral Fellow,

PGTD, Department of Commerce,

RTM Nagpur University, Nagpur.

Email Id : preeti.r.gotmare@gmail.com

Mr. Amit Arya

Faculty, Department of Business Management(BBA),

Dhanwate National College,

Nagpur

Email Id: mailtoamitarya@gmail.com

Skills and knowledge are the driving forces of economic growth and social development for any country. Countries with higher and better levels of skills adjust more effectively to the challenges and opportunities of world of work. Potentially, the target group for skill development comprises all those in the labour force, including those entering the labour market for the first time (12.8 million annually), those employed in the organized sector (26.0 million) and those working in the unorganized sector (433 million) in 2004-05. The current capacity of the skill development programs is 3.1 million. India has set a target of skilling 500 million people by 2022.

As the proportion of working age group of 15-59 years will be increasing steadily, India has the advantage of ‘demographic dividend’. Harnessing the demographic dividend through appropriate skill development efforts would provide an opportunity to achieve inclusion and productivity within the country and also a reduction in the global skill shortages. Large scale skill development is thus an imminent imperative.

Major challenge of skill development initiatives is also to address the needs of huge population by providing skills in order to make them employable and help them secure ‘decent work.’ Skill development for persons working in the unorganized sector is a key strategy in that direction. This will also inculcate dignity of labour and create greater awareness towards environmental, safety and health concerns. Planned development of skills must be underpinned by a ‘policy’, which is both comprehensive as well as national in character. A national policy response is, therefore, needed to guide the skill development strategies and coordinated action by all stake holders to avoid a piecemeal approach. It is also important that the policies of skill development be linked to policies in the economic, employment and social development arenas. The country is poised at a moment in history when a much brighter future for its entire people is within its reach. Skill development will help actualize this potential. Development and articulation of a national policy on skill development is a matter of priority.

Skills development initiatives for unorganized sectors workers are significant steps taken by the Government of India. Hon’able Prime Minister of India Shri Narendra Modi has a dream to make Indian workforce skilled and competent to meet the global demand of skilled and professional trained workforce. It is true that there is huge unorganized sector in India, which is contribution for the nation. Taking this view into mind for providing skilled workforce, The Maharashtra Government has been more actively engaged with the skills development agenda than many other states. In 2010, India’s labour force was estimated to be 478 million, 52% of the labour force in India is employed in the agriculture sector, with 34% employed in the service sector and remaining 14% in industry. The comparative figures for employment in agricultural sector in China, Russia and Brazil are about 42%, 28% and 22% , respectively . The unemployment rate in India is 11%, ranking at 118th in the world. However, of India’s current workforce of 478 million, only about 14% are involved in the formal economy; 86% are therefore in the unorganized sector.

In 2004-05, the Unorganized sector accounted for 86% of total workers. Between 1999-2000 and 2004- 05, of the total incremental employment generated in the Unorganized sector. Employment projections forecast a gradual shift in employment from agriculture towards industry by 2016-17. However, a majority of these jobs will continue to be in the Unorganized sector.

The programmes of Ministry of Rural Development’s (MoRD) for self-employment and creation of assets started with Integrated Rural Development Programme (IRDP) in the year 1980. During the 9th plan period, Self-Employment Programmes were revamped by merging the Integrated Rural Development Programme (IRDP), the Development of Women and Children in Rural Areas (DWCRA), the Supply of Improved Tool-Kits to Rural Artisans (SITRA), the Training of Rural Youth for Self Employment (TRYSEM), the Ganga Kalyan Yojana (GKY) and the Million Wells Scheme (MWS) into a holistic self-employment scheme called Swarnjayanti Gram Swarozgar Yojana (SGSY). It graduated in 2004 to Swarnjayanti Gram Swarozgar Yojana (SGSY)- Special Projects.

The SGSY special projects provided time-bound training and capacity building for bringing a specific number of Below Poverty Line (BPL) families above poverty through skilling and placement in jobs that provided regular wage employment. Up until May 2013, around 8.60 lakh have been trained and 6.80 lakh youth have been given employment.

During the 12th Plan, MoRD has been given the target to skill 50 lakh rural BPL youth. Accordingly, the strategy has been revised and a decision taken to move from direct implementation by the Central government to further builds capacities of State Governments for implementation of various plans.

Aajeevika Skills is the skill and placement initiative of the Ministry of Rural Development, Government of India (MoRD). It evolved out of the need to diversify incomes of the rural poor and to cater to the occupational aspirations of their youth. The programme’s focus is on skilling and placement in the formal sector for rural youth who are poor. Aajeevika Skills has its origins in the ‘Special Projects’ component of the

Swarnajayanti Gram Swarozgar Yojana (SGSY).

Another initiative of Central and State Government will be included in the research “The Maharashtra Rural Livelihood Innovative Forum” now “Late Pramod Mahajan Skill Development Scheme” is a quest to find the most promising livelihoods initiatives in Maharashtra that are scalable and make a significant impact on livelihoods enhancement of the poor. The aim of the initiative is to create an ecosystem for social entrepreneurship and encourage sustainable, scalable and measurable livelihoods innovation.

 Introduction

India is a South Asian Nation, and the seventh-largest country by area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world. India boasts of an immensely rich cultural heritage including numerous languages, traditions and people. The country holds its uniqueness in its diversity and hence has adapted itself to international changes with poise and comfort. Indian villagers take up farming, advanced agriculture and unique handicrafts as their profession on one

hand while modern industries and professional services sectors are coming up in a big way on the other.

Approximately 85% of 460 million strong labour forces are categorized as unorganized sector workers. Defined broadly, unorganized sector workers are those who do not have contracted employment with a formal sector employer and are engaged as home - based, self - employed or wage workers. Many personalities have given their views about Poverty are:

“Poverty is the worst form of violence.”

- Mahatma Gandhi

 “Overcoming poverty is not a gesture of charity. It is an act of justice. It is the protection of a fundamental human right, the right to dignity and a decent life. While poverty persists, there is no true freedom. Sometimes it falls upon a generation to be great. You can be that great generation. Let your greatness blossom. Of course, the task will not be easy. But not to do this would be a crime against humanity, against which I ask all humanity

now to rise up."

-    Nelson Mandela

National Rural Livelihood Mission

The Swarnajayanti Gram Swarojgar Yojana, better known as the SGSY programme, was restructured into the National Rural Livelihoods Mission by the Government of India in 2010. This reconfiguration has been a result of recommendations from stakeholder consultations with state governments, civil society organizations, bankers and academicians among others. The programme also includes livelihood programmes that demonstrated the value in building self-managed institutions of the poor and their amalgamation for effective poverty reduction. Conceivably, the largest poverty reduction programme for women in the world, the National Rural Livelihoods Mission (NRLM) aims at reaching nearly 70 million rural households in 12 states of India that account for 85% of

the rural poor households in the country. The NRLM will be funded jointly by the Government of India and the World Bank over the next seven years. While the GOI will invest US$5.1 billion including expected allocation for 12th Five‐Year Plan, the World Bank is committing US$1 billion through its national rural livelihoods project (NRLP)—its largest single investment in a poverty reduction program. Apart from the GOI and the WB, the NRLM will leverage funds from formal finance, other public sector programs, the private sector, and CSOs in support of rural poverty reduction.

The Maharashtra State Rural Livelihoods Mission (MSRLM) has been launched in Maharashtra in July 2011 as a registered organization under the aegis of the National Rural Livelihoods Mission (NRLM) – Aajeevika - endeavors to impact rural poverty through a range of comprehensive and strategic livelihoods interventions in a time bound manner. The Mission aims at eradication of rural poverty by building sustainable institutions of poor and ultimately leading them to sustainable livelihoods. The conceptualization and design of the MSRLM goes beyond income generation activities and employment programs to include capacity building, financial inclusion, social mobilization and marketing services as equally important elements of livelihoods enhancement. The exponential growth in the livelihoods sector as a whole, both rural and urban, combined with experiences, has led to a shift in the envisioning of the mission from an agency-beneficiary relationship to a more holistic and equal partnership with the poor. Including Building and strengthening institutions of the poor, putting in place dedicated support structures for such institutions and drawing upon their skills, knowledge and desire to overcome poverty lie at the core of the mission.

Salient Features of the MRLIF

·         Plays a critical role in rural livelihoods improvement on a large scale

·         Facilitates continuous integration of livelihoods innovations across sub-sectors

·         Focus on partnering with multiple stakeholders and agencies including social entrepreneurs, civil society organizations, the corporate, the government, development agencies and academia - by leveraging their respective strengths in developing viable business models at scaled up levels as well as providing incentives and encouraging investments in rural livelihoods.

·         A unique initiative of the Government of Maharashtra towards strengthening rural livelihoods

Objectives of MRLIF

The MRLIF is a quest to find the most promising livelihoods initiatives in Maharashtra that are scalable and make a significant impact on livelihoods enhancement of the poor. The aim of the initiative is to create an ecosystem for social entrepreneurship and encourage sustainable, scalable and measurable livelihoods innovation.

Skill Development Initiative Scheme

Prime Minister’s National Council on Skill Development, under the Chairmanship of

Prime Minister has been set up as an apex institution for policy direction and review. The Ministers for Human Resource Development, Finance, Industries, Rural Development, Housing and Urban Poverty Alleviation, Labour and Employment and Micro Small & Medium Enterprises are members. Deputy Chairman, Planning Commission, Chairperson of the National Manufacturing Competitiveness Council, Chairperson of the National Skill Development Corporation and 6 experts in the area of skill development are other members. Principal Secretary to the Prime Minister is the Member Secretary to the Council.

SDI Scheme formulated by DGET aims at providing short term demand driven vocational training courses to school leavers, existing workers, ITI graduates to improve their employability. Currently, Modular Employable Skills (MES) is being offered under this Scheme. MES aims at imparting minimum skills set through its short terms and flexible course curriculum to prepare the trainees for gainful employment. There are about 6400 vocational training centers providing vocational training to around 1 million people annually in 1257 courses.

Directorate of Vocational Education & Training, Mumbai (DVET) Directorate of Vocational Education & Training, Mumbai (DVET) is the apex authority for vocational training an education in the State. This Directorate has been further divided into (a) Director, Training; and (b) Director, vocational Education

Director, Training looks after the various schemes related with CTS (ITIs), ATS, MES

& other important schemes, • Director, Vocational Education looks after the schemes related to Pre S.S.C. Level Vocational Education, +2 Level Vocational Education, Certificate Courses of MSBVE & other important Schemes. Further, all these schemes are monitored by Department of Higher & Technical Education at the state level, while at the central government level, these schemes under Director, Training are monitored by Ministry of Labour & Employment, DGET, New Delhi. Whereas Ministry of Human Resource Department, New Delhi monitors the schemes under Director, Vocational Education are monitored.

Challenges to Skill Development in India

By 2022, India will have the maximum number of working age population in the world. The FICCI-KPMG Global Skills Report has noted that if properly skilled, they can contribute to economic growth. But there are many challenges to skilling in India. Some of them are:

• Problem in Mobilization
• Student mobilization to get trained has been a major concern due to the traditional mindset, low willingness to migrate, low salaries at entry level.
• Issues in Employers’ Buy-In
• The employer does not distinguish whether an employee has picked up skills on the job or he has acquired them through formal training,
• Problems In Scalability
• Scaling up aspirations to current jobs as well as getting the right kind of training partners and effective stakeholder management are important.
• Mismatch between youth aspirations and jobs
• Finding students to fill the classrooms and getting people to accept new kind of jobs have been difficult,
• Ensuring Minimum Wages
• At present, wages are linked with categorization of ‘skilled’, ‘semi-ski lied’ or ‘unskilled’, but these have to be aligned with skill levels defined as per National Skill Qualification Framework (NSQF) and recognition of higher level of skills in terms of minimum wages is noted.

What can be done?

• With just about 2% of the country’s labour force having formal skill certification, government and industry must create pull factors to attract workers to get vocational training. For this, there is a need to create the macro and micro policies to encourage workers.
• The government should include a minimum percentage of certified skilled work forces in the tendering process of every manpower intensive project and increase the minimum percentage every year.
• At a local level, the industry can enforce it by ensuring that ancillary service providers like drivers, housekeeping and security staff have skill certification.
• Minimum wages need to be re-looked and aligned to the levels defined in the National Skills Qualification Framework.

Roadblocks to quality skill training

There are several challenges that are faced by the government in imparting quality skill training to the youth of the country. These challenges include:

• Increasing capacity and capability of the existing system to ensure equitable access for all
• Maintaining quality and relevance
• Creating effective convergence between school education and the government’s skill development efforts
• Creating institutional mechanism for research development quality assurance, examinations and certification, affiliations and accreditation
• Mobilizing adequate investment for financing skill development

 Conclusion

There will be a huge required of skilled workforce in the country. Our Hon’ble Prime Minister Shri Narendra Modi has initiated various programmes like Make in India projects, which require the workforce which can match the global requirement and demand. So it is very serious issue that India should also develop its workforce to meet the requirement of global Companies and Industries. So This Study will also analyze the current and future demand of various industries, which will also help to the nation to provide skilled workforce to the country and ultimately they will contribute to the economic reformation of the nation. Conclusion of Research will be given after research completes.

References:

1. www.developmentchannel.org

2. www. wikipedia.org/wiki/Below_Poverty_Line_(India)

3. Annual Report to the People on Employment, Ministry of Labour and

Employment, Government of India, 2010

4. Economic Survey of Maharashtra 2011-2012

5. Skill Development in India - The Vocational Education and Training System, The

World Bank, 2007

6. National Policy on Skill Development Scheme Document

7. www.deloitte.com/in