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My Constitutional Rights as A Student in India

Education appears in the Constitution as a fundamental right, a set of reservations, a minority guarantee, and even a parental duty. Here is the map.

Descriptive, not legal advice · text as amended through the 106th Amendment (2023)

Right to education

Free and compulsory education for every child aged six to fourteen is a fundamental right, added by the 86th Amendment. The Right to Education Act is its enforcement.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Clauses (4) and (5) permit special provisions, including reservations in educational institutions, for socially and educationally backward classes, SCs and STs. This is the constitutional basis of admissions reservations.

Protection of certain rights regarding freedom of speech, etc

Speech, association, and peaceful assembly belong to students too. Campus unions and student assemblies stand on 19(1)(a), (b) and (c), subject to the usual reasonable restrictions.

Freedom as to attendance at religious instruction or religious worship in certain educational institutions

No religious instruction in institutions wholly maintained out of state funds, and no one can be forced to attend religious worship in state-recognized or state-aided institutions.

Protection of interests of minorities

Clause (2): no citizen can be denied admission to a state-maintained or state-aided institution on grounds only of religion, race, caste, or language.

Right of minorities to establish and administer educational institutions

Religious and linguistic minorities have the right to establish and administer their own educational institutions.

Provision for early childhood care and education to children below the age of six years

The state must endeavour to provide early childhood care and education for children below six. A Directive Principle.

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The state must promote the educational and economic interests of SCs, STs, and weaker sections with special care. Also a Directive Principle.

Fundamental duties

Clause (k): it is the duty of every parent or guardian to provide opportunities for education to their child between six and fourteen.

The honest caveatArticles 45 and 46 are Directive Principles: they direct state policy but no court can enforce them directly. Article 21A is the enforceable core.
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