Landmark Cases on Right to Education in India

In India, the Right to Education (RTE) has evolved from a mere policy concept to a fundamental right, owing much of its development to landmark judicial interventions. Education is widely recognised as a critical tool for social mobility, economic progress, and the promotion of equality. 

As a result, the judiciary has consistently interpreted and expanded the right to education through various cases. These cases have not only reinforced the state’s responsibility to provide education but also created pathways to ensure that education is of a certain quality and accessible to all, particularly to vulnerable and marginalised communities.

The development of the Right to Education in India is closely linked to the constitutional framework, which originally included education as a directive principle under Article 45. 

However, it was the judicial interpretation of constitutional provisions like Article 21 (right to life and personal liberty) that brought education into the realm of justiciable rights, making it enforceable through the courts. The Right to Education (RTE) Act of 2009 further institutionalised the constitutional right to education for children aged 6 to 14 years.

Constitutional Basis for the Right to Education

The Indian Constitution laid the foundation for the Right to Education through a combination of Directive Principles of State Policy (DPSPs) and Fundamental Rights.

• Article 45: Originally directed the state to provide free and compulsory education to children up to the age of 14 years. This was a directive principle and non-justiciable.
• Article 21: The right to life and personal liberty was later expanded by the Supreme Court to include the right to education as a component of the right to life.
• 86th Amendment (2002): This amendment inserted Article 21-A, making the right to education for children aged 6 to 14 a fundamental right, enforceable by law. It also amended Article 45 to focus on early childhood care and education.

Despite the 86th Amendment, education’s transformative potential was realised through the judicial interpretation of these provisions. Over time, the Supreme Court’s rulings have shaped the scope and reach of this right, ensuring its broad applicability.

Early Judicial Developments and the Expansion of Article 21

Before the constitutional amendment of 2002, the judiciary played a crucial role in interpreting the right to education under Article 21, which guarantees the right to life and personal liberty.

Bandhua Mukti Morcha v. Union of India (1984)

In Bandhua Mukti Morcha v. Union of India case, the Supreme Court ruled that the right to life under Article 21 encompasses the right to live with dignity. The case involved bonded child labourers, and the Court held that education was essential to leading a dignified life. 

The judgement marked the first time the Court recognised that children subjected to bonded labour must be provided with education as part of their rehabilitation. This case set the stage for the Court’s later decisions that education is a necessary component of life with dignity.

Mohini Jain v. State of Karnataka (1992)

The issue in Mohini Jain v. State of Karnataka case was the imposition of capitation fees by private medical colleges, which effectively made education a commodity. The Supreme Court declared that charging capitation fees violated the right to education under Article 21 and the principle of equality under Article 14. 

This was the first time the Court recognised the right to access education without being subjected to excessive or discriminatory financial burdens. The judgement further reinforced the idea that education must be free from commercial exploitation.

Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)

In a major decision in Unni Krishnan, J.P. v. State of Andhra Pradesh, the Supreme Court held that the right to education is a fundamental right under Article 21, but it extended this right only to children aged 6 to 14 years. The Court ruled that children within this age group have the right to free education, but beyond this, the state’s duty is constrained by its economic capacity. 

This judgement established the constitutional basis for the right to free and compulsory education and directly influenced the later enactment of the Right to Education Act.

The Right to Education Act (RTE) and Judicial Validation

The Right to Education Act, 2009, was a significant milestone in the evolution of education as a fundamental right. The Act mandates free and compulsory education for children between the ages of 6 and 14 years and sets standards for quality education, infrastructure, and teacher qualifications. The judicial validation of this Act has been a subject of numerous landmark rulings.

Society for Unaided Private Schools of Rajasthan v. Union of India (2012)

This case dealt with the constitutionality of the 25% reservation in private schools for children from economically disadvantaged backgrounds, as mandated under Section 12(1)(c) of the RTE Act. The Supreme Court upheld the provision, affirming that it was in line with the constitutional mandate to provide education to all children. 

The Court also recognised that the government’s duty to provide free and compulsory education includes ensuring that children from marginalised communities have access to quality education in private schools.

Pramati Educational & Cultural Trust v. Union of India (2014)

In this case, the Supreme Court ruled on the application of the RTE Act to minority institutions. The petitioners argued that the provisions of the RTE Act, particularly the 25% reservation for disadvantaged children, violated their rights under Article 30, which guarantees the right of minorities to establish and administer educational institutions. 

The Court held that while minority institutions enjoy certain protections, they are not entirely exempt from the provisions of the RTE Act. However, the Court exempted unaided minority schools from the requirement to admit disadvantaged children under the 25% quota, as this would infringe on their constitutional rights.

Key Themes Emerging from Judicial Rulings

The right to education jurisprudence has evolved to include several key themes that define the scope of the state’s obligations, the rights of private institutions, and the importance of quality education.

State Obligation and Public Funding

One of the primary themes emerging from these cases is the state’s responsibility to provide free and compulsory education. The state must ensure that every child, regardless of economic background, has access to education. This obligation extends to private institutions that receive government support or operate in public interest.

Quality of Education

Several cases, such as State of Tamil Nadu v. K. Shyam Sunder (2011), emphasised that education is not merely about access but also about quality. 

The Court held that free and compulsory education includes the right to quality textbooks, infrastructure, and trained teachers. The right to education cannot be fulfilled by merely enrolling children in schools without ensuring that they receive an education of sufficient quality.

Private Sector Participation

The Court has consistently upheld the right of private institutions to operate but has imposed reasonable regulatory frameworks to ensure that they do not exploit students. T.M.A. Pai Foundation v. State of Karnataka (2002) set the precedent by balancing the rights of private institutions with the public interest in regulating education. 

The Court acknowledged the importance of private institutions in expanding educational opportunities but also emphasised that they must be regulated to prevent commercialisation.

Minority Rights and Education

A significant aspect of the right to education jurisprudence is the protection of minority rights. The Supreme Court has upheld the autonomy of minority institutions under Article 30 of the Constitution, but it has also affirmed that these institutions must adhere to certain provisions of the RTE Act to ensure that education is inclusive and accessible. 

The Pramati Educational & Cultural Trust v. Union of India (2014) case reflected this delicate balance between minority rights and the larger goal of universal education.

Contemporary Issues and the Future of the Right to Education

The judicial interpretation of the Right to Education continues to evolve as new challenges arise. Some of the pressing issues currently affecting the right to education include:

The Digital Divide

With the rise of online education, especially during the COVID-19 pandemic, the issue of digital access has become central to the right to education. The Supreme Court has been asked to intervene in cases where children from disadvantaged backgrounds do not have access to smartphones, tablets, or stable internet connections. 

The Justice for All v. Government of NCT of Delhi (2020) case underscored the need for digital devices and data packages for students from economically weaker sections. Courts are increasingly recognising that education cannot be truly inclusive unless digital tools are accessible to all students.

Teacher Shortages and Quality Assurance

Despite significant strides in ensuring access to education, teacher shortages remain a persistent issue in many parts of India. According to reports, India faces a shortage of millions of teachers, which directly impacts the quality of education. The judiciary has emphasised that the right to education also entails the right to a quality teacher, as highlighted in cases such as State of Tamil Nadu v. K. Shyam Sunder.

Infrastructure Deficiencies

The provision of basic infrastructure in schools remains a challenge in rural and remote areas. Although the RTE Act sets standards for infrastructure, many schools still lack essential facilities like toilets, drinking water, and classrooms. The judiciary continues to monitor and issue directives to ensure compliance with these standards.

Conclusion

The Right to Education in India has undergone significant judicial evolution, transforming from a policy directive to an enforceable fundamental right. Through a series of landmark cases, the judiciary has played a pivotal role in defining the state’s obligations, the rights of private institutions, and the scope of quality education. The development of the RTE Act further strengthened the framework for ensuring universal access to education.

However, despite these achievements, challenges remain, particularly with regard to teacher shortages, infrastructure deficiencies, and the digital divide. The judiciary will likely continue to play a crucial role in addressing these issues and ensuring that education remains accessible, inclusive, and of high quality for all children in India.