The Constitution of India and Fundamental Right to Education: A Path to True Freedom

“In ancient shadows and twilights Where childhood had strayed, The world's great sorrows were born And its heroes were made. In the lost boyhood of Judas, Christ was betrayed.”~ George William Russell ("Germinal" in Vale & Other Poems (1931)

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. “Welfare of students should be the ultimate aim of education and they should not be used for any other purpose.” said Bertrand Russell. Conscious and superior types of individuals can be created through education only. According to Ayn Rand, “The only purpose of education is to teach a student how to live his life — by developing his mind and equipping him to deal with reality. The training he needs is theoretical, i.e., conceptual. He has to be taught to think, to understand, to integrate, to prove. He has to be taught the essentials of the knowledge discovered in the past — and he has to be equipped to acquire further knowledge by his own effort.” Dr. B.R. Ambedkar believed that education is the most important means of raising the people's standard of living. Dr. Ambedkar saw education as an ultimate path to the ‘FREEDOM’ from ‘all’ types of ‘slavery’ & ‘injustice’. His slogan and final message to the students was “Educate, Agitate, Organize”- which is now celebrated all over the world. “Educate” is the first word of his famous slogan. Dr Ambedkar was an eminent supporter of his teacher Prof. John Dewey’s view of democratisation of education. A large section of the people of India remained deprived of the right to education for a long time due to the prevailing social inequality in India. Dr. Ambedkar was of the view that education is the birth right of every person and nobody can be denied to attain this right. Therefore, a democratic country should give the right to education to all in its society without any discrimination.

Normative instruments of the United Nations and UNESCO lay down international legal obligations for the right to education. These instruments promote and develop the right of every person to enjoy access to education of good quality, without any discrimination or exclusion. These instruments bear witness to the great importance that Member States and the international community attach to normative action for realizing the right to education. It is for governments to fulfil their obligations both legal and political in regard to providing good education to all and to implement and monitor the education strategies more effectively.

The 86th Constitutional amendment making education a fundamental right was passed by the Parliament in 2002 by virtue of which Article 21-A in the Constitution of India was inserted to provide free and compulsory education to 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. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

The judicial decision from which the right to education emanated as a fundamental right was from the one rendered by the Hon’ble Supreme Court in Mohini Jain v. State of Karnataka case. In this case the Supreme Court through a division bench comprising Justice Kuldip Singh and R.M. Sahai, deciding on the constitutional aspects 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 Unnikrishnan V. State of Andhra Pradesh case where the enforceability and the extent of the right to education was clarified in the following words:

“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 same has also been reiterated by the Hon’ble Supreme Court in Bandhua Mukti Morcha, etc V. Union of India specially referred to the earlier judgment made in this connection as under:

“In Maharashtra, State Board of Secondary and Higher Education V K S Gandhi, right to education at the secondary stage was held to be a fundamental right. In J.P.Unnikrishnan V. State of Andhra Pradesh, a constitution Bench had held education upto the age of 14 years to be a fundamental right…. It would be therefore incumbent upon the State to provide facilities and opportunity as enjoined under Article 39 (e) and (f) of the Constitution and to prevent exploitation of their childhood due to indigence and vagary.”

Article 21-A (“Right to Education”) in the Constitution of India, stipulates that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” Prior to the insertion of article 21-A, the Supreme Court of India held in 1992 that the right to education was a fundamental right that flowed from article 21, concerning the right to life.

The constitution of India has fortified our Right to Education- our Passport to be a better human being. Why is it that the student community in Nagaland is not aware of their rights? Why is it that after failure in exams, maximum students give up their studies? Why is it that our students are not willing to undertake academic rigor, intellectual struggle and willing to dream higher and higher? Those who think education is expensive and beyond their reach have not read the ‘Constitution of India’ and Right To Education Act, 2009. How can a student in Nagaland ever think of ‘rejecting’ education when the entire Constitutional, Legal and Administrative Machinery of India is standing strong to support him/her? 

Right to Education exists. I Dare YOU, my fellow students! Claim your Constitutional Right and Free yourself from the curse of poverty, from injustice, from insult, from slavery. It does not matter at all if you have no food to eat, no clothes to wear, no parents to comfort, no shelter to sleep, no shoulder to cry… BUT your education should not be stopped. Education is THE WAY to a respectful, glorious and better life. One day your grit, determination and stubbornness to ‘STUDY’ will take you to the lands and places that you have never imagined. Irrespective of your socio-economic status, with the help of ‘Education’, YOU too can become a Pilot, Chartered Accountant, A Lawyer, Professor, Writer, Engineer, Doctor, Mariner, Scientist, Banker, Civil Servant, Military Officer, Journalist, Corporate Execute, Management Analyst, Entrepreneur- and trust me, that will be the moment of Sunshine- a moment of freedom- a final cry of Joy- a sense of achievement for you.      

Education Is The One And Only Path To The Real Freedom. Fight For It. Struggle For It. Suffer For It. Never Ever Give Up. Be The Architect Of Your Own Life & Future.   

Degree of Thought is a weekly community column initiated by Tetso College in partnership with The Morung Express. Degree of Thought will delve into the social, cultural, political and educational issues around us. The views expressed here do not reflect the opinion of the institution. Tetso College is a NAAC Accredited UGC recognised Commerce and Arts College. The editors are Dr Hewasa Lorin, Dr Aniruddha Babar, Nisha Dahiya and Meren. For feedback or comments please email: dot@tetsocollege.org