SC upholds constitutional validity of Right to Education Act

The constitutional validity of Right to Education Act (RTE Act) has been upheld by the Supreme Court. RTE Act mandates that 25% seats in all schools be reserved for the economically disadvantaged children.

As per the Supreme Court decision:

  • The 93rd Amendment Act, 2005, inserting clause (5) in Article 15 enables the State to make special provisions for members of the SCs, STs and socially and educationally backward classes, for admission to all educational institutions, including private unaided institutions, but except minority institutions, did not violate basic structure of the Constitution.
  • The RTE Act will not be applicable to minority schools, whether aided or unaided.  The minority aided educational institutions could not be compelled to provide free and compulsory education to children belonging to weaker sections. 
  • Articles 15(5) and 21-A of the Constitution in so far as it relates to unaided educational institutions to provide compulsory education for children in the age group of 6 to 14 years are constitutional.
  • The 93rd Constitutional Amendment Act, 2005, is in line with the socialistic aspirations mentioned in the Preamble and the directive principles of the Constitution and to ensure the progress of the weaker sections in the democratic state, aiming at the egalitarian ethos.

Provisions of the Right of Children to Free and Compulsory Education Act, 2009, and the Right of Children to Free and Compulsory Education Rules, 2010, are valid.



Categories: Constitution & Law



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