Articles of indian constitution pertaining to education
Article 15
The State shall not discriminate any person on the basis of religion, race, caste, sex and place of birth or any of them. Nevertheless, the provision enables state to make special provisions for women and children.
Article 38
It imparts social justice in society. It satisfies the goal of India being a welfare state.
Article 29(2)
Cultural and Educational Rights are mentioned in Article 29 and 30 of the Constitution. Article 29 clause 2 states that, “no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”.
Article 30
The linguistic and religious minority group has the right to formulate and administer any institution. It protects their rights.
Other Aspects
- Right to Education was dealt in the landmark cases of St. Xavier College v. State of Gujarat (1974) and T.M.A Pai Foundation v. State of Karnataka (2002).
- The scope of Article 30 was discussed in the case of Pramati Educational and Cultural Trust v. Union of India (2014). The court discussed whether the institutions under Article 30 are obligated to reserve 25% of seats for free and compulsory education to the backward group. And ruled that minority groups can use the directions as regulatory measure but are not obligated to adhere to it.
- The obiter dicta in the case of Ashok Kumar Thakur v. Union of India (2008) were that all children falling under the age group mentioned in the Article 21A must take schooling and education must be of a quality.
- The Apex Court added the right to have the safe learning environment under right to education through the case of Avinash Mehrotra v. Union of India (2009).
Conclusion
- The right to receive basic elementary education is one of the most important rights.
- It empowers the road toward development.
- Also, awareness is the primary goal behind providing this right.
- The journey for incorporation of Article 21A into the Constitution was extensive.
- A series of cases contributed to reaching the objective.
- Education for girls has also become an agenda of this Article.
- Although it imparts education at the basic level and not for a professional degree.