Unni Krishnan v. State of Andhra Pradesh (1993)

Unni Krishnan v. State of Andhra Pradesh (1993): A Landmark Judgment on Right to Education Introduction Unni Krishnan, J.P. & Others v. ...

Unni Krishnan v. State of Andhra Pradesh (1993): A Landmark Judgment on Right to Education

Introduction

Unni Krishnan, J.P. & Others v. State of Andhra Pradesh & Others (1993) is a landmark case in Indian legal history that established the right to education as a fundamental right under Article 21 of the Indian Constitution. The Supreme Court's ruling in this case played a crucial role in shaping India's education policy, leading to the enactment of the Right to Education (RTE) Act, 2009.

Background of the Case

Before this case, education was not explicitly recognized as a fundamental right in India. Private institutions charged exorbitant fees, restricting access to higher education for economically weaker sections. The case arose when private educational institutions challenged government regulations controlling their admission policies and fee structures.

Issues Raised

1. Whether the right to education is a fundamental right under Article 21 (Right to Life).

2. Whether private educational institutions can charge capitation fees.

3. To what extent the state can regulate private educational institutions.

Judgment of the Supreme Court

The Supreme Court, in a 5-judge bench, delivered a historic judgment, holding that:

1. Right to Education as a Fundamental Right: Education is an essential part of the right to life under Article 21, and the state has an obligation to provide free and compulsory education to children up to the age of 14.

2. Regulation of Private Institutions: Private educational institutions cannot function solely for profit and must follow government regulations to ensure education remains accessible and affordable.

3. Capitation Fee Prohibited: The court ruled that charging capitation fees (donations in exchange for admission) is unconstitutional and violates the right to equality.

4. Classification of Educational Institutions: The judgment distinguished educational institutions into three categories:

   • Government institutions (fully funded by the state)

   • Government-aided private institutions (partially funded)

   • Unaided private institutions (fully self-financed)

   The state has the right to regulate fee structures and admissions in all except purely unaided institutions.

Impact of the Judgment

• Recognition of Right to Education: The judgment led to the 86th Constitutional Amendment Act (2002), which inserted Article 21A, making free and compulsory education a fundamental right for children aged 6-14.

• Regulation of Private Institutions: Private educational institutions became subject to government regulations regarding admissions, fee structures, and quality of education.

• Foundation for the RTE Act, 2009: The ruling laid the groundwork for the Right to Education Act, which mandates free and compulsory education for children and ensures reservation for economically weaker sections in private schools.

Conclusion

The Unni Krishnan case was a turning point in Indian education law, emphasizing the state's duty to provide education and regulate private institutions. It reinforced the idea that education is a fundamental right, paving the way for crucial reforms to make education accessible to all, regardless of economic status. This case remains a cornerstone in the fight for education equality in India.