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| Lingua: | inglese |
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Zenodo
2026
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| Accesso online: | https://doi.org/10.5281/zenodo.19819652 |
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| _version_ | 1866901407389450240 |
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| author | Dr. Tamal Gupta Ayan Debnath |
| author_facet | Dr. Tamal Gupta Ayan Debnath |
| contents | <p><strong><span>Abstract: </span></strong><em><span>The Right to Education in India has evolved from a non-justiciable constitutional aspiration into an enforceable fundamental right. The right started as a Directive Principle of State Policy in Article 45 of the Constitution of India but gained judicial power through Article 21 interpretation until Article 21A received constitutional protection through the Constitution (Eighty Sixth Amendment) Act 2002. The Supreme Court of India has played a transformative role in expanding the meaning of educational rights by linking education with dignity, liberty, equality, and social justice. The landmark decisions of Mohini Jain v. State of Karnataka (1992 AIR 1858) and Unnikrishnan J.P. v. State of Andhra Pradesh ((1993) 1 SCC 645) established the legal principles which would lead to constitutional reform. This paper critically examines the constitutional evolution, judicial development, legislative implementation, and emerging challenges of the Right to Education in India. The educational rights should now extend beyond elementary education to include quality education, inclusive education, and digital education accessibility.</span></em></p> <p><strong><span>Keywords: </span></strong><span>Right to Education, Article 21A, Indian Constitution, Article 21, Educational Jurisprudence, RTE Act 2009, Fundamental Rights</span></p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_19819652 |
| institution | Zenodo |
| language | eng |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Expanding Horizons of the Right to Education under the Constitution of India: A Jurisprudential Study Dr. Tamal Gupta Ayan Debnath <p><strong><span>Abstract: </span></strong><em><span>The Right to Education in India has evolved from a non-justiciable constitutional aspiration into an enforceable fundamental right. The right started as a Directive Principle of State Policy in Article 45 of the Constitution of India but gained judicial power through Article 21 interpretation until Article 21A received constitutional protection through the Constitution (Eighty Sixth Amendment) Act 2002. The Supreme Court of India has played a transformative role in expanding the meaning of educational rights by linking education with dignity, liberty, equality, and social justice. The landmark decisions of Mohini Jain v. State of Karnataka (1992 AIR 1858) and Unnikrishnan J.P. v. State of Andhra Pradesh ((1993) 1 SCC 645) established the legal principles which would lead to constitutional reform. This paper critically examines the constitutional evolution, judicial development, legislative implementation, and emerging challenges of the Right to Education in India. The educational rights should now extend beyond elementary education to include quality education, inclusive education, and digital education accessibility.</span></em></p> <p><strong><span>Keywords: </span></strong><span>Right to Education, Article 21A, Indian Constitution, Article 21, Educational Jurisprudence, RTE Act 2009, Fundamental Rights</span></p> |
| title | Expanding Horizons of the Right to Education under the Constitution of India: A Jurisprudential Study |
| url | https://doi.org/10.5281/zenodo.19819652 |