Punjab & Haryana High Court, Chandigarh
Citation(1993) 1 SCC 645
CourtSupreme Court of India (Constitution Bench)
Date4 February 1993
Year1993
BenchL.M. Sharma CJ, S.R. Pandian, S. Mohan, B.P. Jeevan Reddy, S.P. Bharucha JJ.
Acts/ArticlesArticle 21, Article 41, Article 45, Article 21A
CategoryConstitutional Law

Key Principle Established

Right to education is a fundamental right flowing from Article 21. Every child has a right to free education up to the age of 14 years.

Brief Facts

The case challenged capitation fees charged by private educational institutions and raised the broader question of whether the right to education is a fundamental right.

Ratio Decidendi

The Constitution Bench held that the right to education flows from Article 21:

  • Every child has a fundamental right to free education up to age 14
  • After age 14, the obligation is subject to economic capacity of the State
  • The content of the right must be read with Articles 45 and 41
  • Capitation fees are illegal but private institutions can charge reasonable fees

Impact & Significance

This judgment directly led to the 86th Constitutional Amendment (2002) inserting Article 21A which made the right to education an express fundamental right, and to the Right of Children to Free and Compulsory Education Act, 2009.

Tags & Related Topics

Constitutional Law Article 21 Article 41 Article 45 Article 21A
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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