Short title, extent, application and commencement

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Vidyavardhaka Sangha(regd. ) vs Union of India

   Supreme Court of India 06 May 2014 Binding on all subordinate courts (SC Decision on Constitutional Amendment Valid Reportable (2014) 5 SCC 1

   Court's Decision & Legal Precedent

   Clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act 2005 is a valid enabling provision that empowers the State to make special provisions for admission of socially and educationally backward classes and Scheduled Castes/Tribes to private unaided educational institutions. This amendment does not alter the basic structure of the Constitution, does not destroy or abrogate the fundamental right under Article 19(1)(g) to establish and administer private educational institutions, and does not violate Articles 14, 21 or other constitutional provisions. The power vested under clause (5) Article 15 is a guided power limited to the specified purposes and does not extend to destroying the essential rights of private institutions. Similarly, Article 21A of the Constitution inserted by the Constitution (Eighty-Sixth Amendment) Act 2002 granting the right to free and compulsory education to children aged 6-14 years is constitutionally valid and does not alter the basic structure. The Right of Children to Free and Compulsory Education Act 2009, insofar as it applies to non-minority private unaided schools by requiring them to admit 25% of students from weaker and disadvantaged sections free of charge with government reimbursement, is constitutionally valid as it fulfills the constitutional mandate under Article 21A and does not violate Article 19(1)(g). However, the 2009 Act insofar as it applies to minority educational institutions covered under Article 30(1) of the Constitution, whether aided or unaided, is ultra vires the Constitution as it would abrogate the fundamental right of minorities to establish and administer educational institutions of their choice and would destroy the minority character of such institutions. The exclusion of minority institutions from the purview of clause (5) Article 15 is constitutionally valid as it protects the special constitutional status of minority institutions.

   On this section: Provides that Act applies subject to Articles 29 and 30 of Constitution regarding minority institutions - examined for validity

   Read the full order on eCourts India

2. Sant Dyaneshwar Mauli Sanshta vs U. O. I

   Supreme Court of India 06 May 2014 Binding (Supreme Court Constitution Bench) Reportable Reported As (2016) 8 SCC 1 Or Available As 2014 SCR 1

   Court's Decision & Legal Precedent

   The Constitution (93rd Amendment) Act, 2005 inserting clause (5) of Article 15 (empowering States to make special provisions for socially and educationally backward classes and Scheduled Castes/Tribes in admission to private unaided educational institutions, other than minority institutions) is constitutionally valid and does not alter the basic structure of the Constitution as it is an enabling provision consistent with the equality principles in Article 15 and does not destroy the essential content of the right to establish and administer private educational institutions under Article 19(1)(g). Similarly, the Constitution (86th Amendment) Act, 2002 inserting Article 21A (establishing free and compulsory education as a fundamental right for children aged 6-14) is constitutionally valid and creates an independent power for the State to make laws determining the manner of providing such education. The Right of Children to Free and Compulsory Education Act, 2009 (as amended), insofar as it requires private unaided schools to admit 25% children from weaker sections with government reimbursement, is valid and consistent with Article 19(1)(g). However, the 2009 Act insofar as it applies to minority educational institutions (whether aided or unaided) covered under Article 30(1) of the Constitution is ultra vires the Constitution as it would abrogate the minority right to establish and administer institutions of their choice by forcing admission of non-minority students and eroding minority character.

   On this section: Amended version limiting application to respect minority rights; held invalid insofar as it applied to minority schools

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.