SNDT WOMEN’S UNIVERSITY

LAW SCHOOL, SANTACRUZ

SUBJECT: - INDIAN CONSTITUTIONAL LAW-THE NEW CHALLENGES

SEMINAR TOPIC: - RIGHT TO EDUCATION

ACADEMIC YEAR: 2021-22

NAME: TRUPTI SHRIKRISHNA DABKE.

CLASS: FIRST YEAR, LLM.

ROLL NO: 16

SUBMITTED TO: PROF. ANAHEETA BALSARA.

RIGHT TO EDUCATION

Introduction-

 Education is a fundamental human right and essential for the exercise of all other human
rights. It promotes individual freedom and empowerment and yields important
development benefits. Yet millions of children and adults remain deprived of educational
opportunities, many as a result of poverty.

 Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a
provision for state funded as well as equitable and accessible education.
Right to Education as per Constitution-

 The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the
Constitution of India to provide free and compulsory education of all children in the age
group of six to fourteen years as a Fundamental Right in such a manner as the State may,
by law, determine.

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  In Mohini Jain v. State of Karnataka, right to education was emerged as a fundamental
right. In this case the Supreme Court through a division bench deciding on the
constitutional of the practice of charging capitation fee held that: ‘the right to education
flows directly from the right to life. The right to life and the dignity of an individual
cannot be assured unless it is accompanied by the right to education.’
 The rationality of this judgment was further examined by a five judge bench in J.P. Unni
krishnan v. State of Andhra Pradesh where the enforceability and the extent of the right to
education was clarified as: “The right to education further means that a citizen has a right
to call upon the State to provide educational facilities to him within the limits of its
economic capacity and development.”
 The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which
represents the consequential legislation envisaged under Article 21-A, it provides the
responsibility of the Central and State Government, teachers, parents and community
members in ensuring that all children of the age of 6 to 14 years receive free and
compulsory elementary education.
 The act mandates 25% reservation for disadvantaged sections of the society where
disadvantaged groups include:
i. SCs and STs
ii. Socially Backward Class
iii. Differently abled

Minority rights, educational institution and State control-

 Article 29 and 30 of the Constitution Confer special rights to the minority community
and their right to establish and administer educational institution of their choice.
 In case of state of Madras vs. Champakam Doorairajan, it is held that nothing in
article 15 and or in clause 29(2) of the constitution shall prevent the state from making
any special provision for the advancement of any socially and educationally backward
classes of citizen or for the schedule castes and schedule tribes.
 A citizen should not be denied admission into any educational institution which is
maintained by the State or getting aid or supports out of State funds on grounds of
religion, race, caste, language or any of them.(Article 29)

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  All minorities should have right to set up and govern educational institutions according to
their own choice.
 If the government is having an acquisition on any property of minority educational
institution then the government should keep this in mind that a fixed price should be
settled in a way that does not deter the rights minorities. (Article 30)
 In the case of T.M.A. Pai Foundation vs. the State of Karnataka, (2002) 8 SCC 481
AIR 2003 SC 355 -Supreme Court was not concerned with the rights of the aid of
minority and non-minority institutions and limitation imposed by the states upon them
but was concerned only with the rights and obligations of private unaided institutions run
by minorities and non-minorities.
 The Supreme Court held in the Case of P.A. Inamdar vs. State of Maharashtra [2006
(6) SCC 537] that: The policy of reservation to admit students is not applicable to a
minority institution. The policy of reservation in terms of employment is not applicable to
a minority institution.

Commercialization of education-

 Commercialize means “to apply methods of business to for profit; or, to do, exploit, or
make chiefly for financial gain; or, to sacrifice the quality of for profit”.
 There has been wholesome commercialization of education though India has 50% of
world’s illiterate population and its human development index is much below than
several other developing countries.
 Enormous demands for higher education in India have led to industrialization of
education.
 The worst part is that states like Maharashtra, most ministers and other policy makers are
busy running their own educational institutions for commercial purpose.
 The Central Government policy on education amended in 1992 for valid reasons such as
the commercialization of technical and professional education will curb.
 Cases related to capitation fee the petitioner states that if capitation fee is not allowed
they have to shut down the institution so that the strikingly the court also narrowed down
the right to education up to the primary stage alone as a fundamental right and declared
the limits of economic capacity and development of state as well as no fundamental right

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 to education for a professional degree and also discuss the commercialization of
education.
 Court state that private educational institution running professional courses could not
charge the fee which exceed the limit fixed by the state.

Malpractices in Educational Institution-

 A substantial part of the explanation of corruption and criminality is the sphere of

education in the state lies in the nature and state of its economic development.
 For example a newly founded college before being turned into a constituent unit usually
ran mainly on fees and other revenues collected from students and another example is
based on casteism and regionalism i.e. appointment of principal in the topmost colleges
or admission to students is depend on caste and region. Academic qualification never
mattered in their selection.

Brain Drain-

 The main motto of education in a semi-colonial country like India is – to serve the
interest of the imperialists who control it.
 To exploit the cheap labour, the market and the social and natural resources, the
imperialists preserve and exploit that system of education which serves those best.
 The outflows further reduced existing standards, because migrants included the most
qualified teachers, especially those with vocational and technical skills. Many persons
chose schools in order to enhance their potential for migration, regardless of the domestic
demand. Thus, domestic educational systems became geared to meet the needs of other
societies while domestic employment needs were neglected.

Conclusion-

Education is a powerful tool by which economically and socially marginalized adults and
children can lift themselves out of poverty and participate fully as citizens.

Corruption in Indian education system has been eroding the quality of education and has been
creating long-term negative consequences for the society. Educational corruption in India is
considered as one of the major contributors to domestic black money.