LLM Notes: Ankita Kailash Khandelwal & Ors. v. State of Maharashtra & Ors: A Case Study on Academic Pursuits and Fundamental Rights

 This article provides a case study analysis of Ankita Kailash Khandelwal & Ors. v. State of Maharashtra & Ors., focusing on the critical legal positions established regarding the rights of accused individuals to pursue academic activities under Article 21 of the Indian Constitution. The case also examines the extent of statutory powers of educational institutions to issue suspension orders.

Background

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Right to Education in India: Constitutional Framework

 The Right to Education (RTE) is a significant milestone in Indian law, established as a fundamental right under the Indian Constitution. This right ensures that every child has access to free and compulsory education, specifically targeting children between the ages of 6 and 14 years.

Constitutional Provision

1. 86th Amendment Act (2002): The cornerstone of the RTE is Article 21A, which was inserted into the Constitution through the 86th Amendment. This article states:

    "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."

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Whether right to education is fundamental right in India ?

Yes right to education is a fundamental right in India . Article 21 A of the Indian constitution states as :-

The state shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the state may , by law determine .

India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.

The 86th amendment of the constitution in India in 2002 got inserted Article 21-A which is, free and compulsory education for all the children between 6 to 14 years old. This article made education a fundamental right for every child.

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