SC: Right to Education - a Part of Right to Life

Legal News India: The Supreme Court of India, on Thursday, stated that free and compulsory education allows children between 6-14 years of age the right to live with dignity; this aspect is a part of the ‘right to life’ mentioned under Article 21 of the Indian Constitution.

The Bench consisting of Chief Justice S.H. Kapadia, Justice K.S. Radhakrishnan and Justice Swatanter Kumar was hearing the petition by private schools which challenged the Right to Education Act. The private schools challenged the 25% school quota introduced by the Supreme Court of India for the underprivileged, claiming that the Act infringed their fundamental right, which was the Right to Profession. The schools contended that they had the right to administer their educational institution and fill their seats in any way they wanted.

However, CJI Kapadia said, “Show us under which Article (of the Constitution) you have the exclusive right to admit 100 per cent students.” He further asked counsel Vikas Singh (who argued in favor of the schools) not to read the right to education in isolation and that the Act should be tested on the criterion of Right to Equality – Articles 14, 19 (1) (g) and 21.