ISSN (Online) - 2349-8846

Sushant ChandraSubscribe to RSS - Sushant Chandra

Primary Education and Minority Rights

In Pramati Educational and Cultural Trust v Union of India (2014), the Supreme Court preferred an outdated interpretation of minority rights under Article 30(1) in keeping all minority schools, aided and unaided, beyond the scrutiny posed by the Right of Children to Free and Compulsory Education Act, 2009. The Indian Supreme Court has an opportunity in Independent School Federation of India v State of Uttar Pradesh (2016) to correct this and redeem itself.

Derailing Right to Education in Uttar Pradesh

Uttar Pradesh has one of the lowest enrolment rates for economically weaker section and disadvantaged category children under the 25 percent reservation clause in the RTE Act. Yet the state government has issued multiple regressive notifications that inhibit these children from seeking admission under this clause. These notifications not only fail to satisfy the equality principle under the Indian Constitution but are also beyond the jurisdiction of the parent statute.
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