SC upholds constitutional validity of Right to Education Act

Bench headed by Chief Justice R M Lodha said that the Act will not apply to aided or unaided minority institutions

The Supreme Court today upheld the constitutional validity of the provision in the  Right to Education Act that mandates that 25% seats in all schools be reserved for the economically disadvantaged children.

A five-judge Constitution Bench which heard a large number of private school managements clarified that the Act will not apply to minority schools, whether aided or unaided.

The bench headed by Chief Justice R M Lodha rejected the contention of the private managements that the law violated their rights to freedom under the Constitution. The judgment said that Articles 15(5) and 21-A of the Constitution in so far as it relates to unaided educational institutions to provide compulsory education for children in the age group of 6 to 14 years were constitutional.

The unanimous judgment written by Justice A K Patnaik said that the amendment was consistent with the socialistic goals set out in the Preamble and the directive principles of the Constitution and to ensure the progress of the weaker sections in the democratic state, aiming at the egalitarian ethos.

The court also upheld the provisions of the Right of Children to Free and Compulsory Education Act, 2009, and the Right of Children to Free and Compulsory Education Rules, 2010. The law was brought about through the Constitution 93rd Amendment Act.