Unni Krishnan case (1993)

Supreme Court Judgement:

• Declared the right to education as a fundamental right under Article 21, derived from the right to life.

• Stated that free education is only guaranteed to children until the age of 14, with subsequent provision dependent on the state's economic capacity and development.

• Emphasized the obligation of the state to adhere to the directives in Article 45, which originally mandated free and compulsory education for children up to 14 years (prior to its 2002 amendment).

• Interpreted Article 21 in conjunction with Articles 41, 45, and 46 of Part IV, which deal with Directive Principles of State Policy.

• Noted that the state can fulfill its obligations under these articles by establishing its own educational institutions or supporting private ones.

• Acknowledged the right of private unaided educational institutions to charge higher fees for professional courses but emphasized that such fees should not surpass the set ceiling and that commercialization of education is impermissible.

Impact of the Judgement:

• The judgement prompted the passage of the 86th Amendment Act (2002), which introduced Article 21A, establishing the right to education as an independent fundamental right.

• Article 21A mandates that the state shall provide free and compulsory education to all children between the ages of six and fourteen, with the specifics of implementation left to the discretion of the state.

• In accordance with Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009, to ensure the fulfillment of this right nationwide.