2008 (7) TMI 1090 - HC - Indian Laws

Summary

Issues Involved:

1. Right to education as a fundamental right.
2. Right to choose medium of instruction.
3. Parental rights in education.
4. Government policy on language and medium of instruction.
5. Judicial review of government policy.
6. Regulation vs. restriction in educational policy.

Issue-wise Detailed Analysis:

1. Right to Education as a Fundamental Right:

The court emphasized that the right to education is a fundamental right implicit in the right to life under Article 21 of the Constitution. The introduction of Article 21-A, which provides free and compulsory education to children aged six to fourteen, further reinforces this right. The court stated, "Right to education is a fundamental right being a species of right to life flowing from Article 21 of the Constitution."

2. Right to Choose Medium of Instruction:

The court held that the right to choose the medium of instruction is implicit in the right to education and is a fundamental right under Articles 19(1)(a), 19(1)(g), 21, 26, 29(1), and 30(1) of the Constitution. It stated, "The right to choose a medium of instruction of their choice is a fundamental right under Article 19(1)(a)(g), 21, 26, 29(1) and 30(1) of the Constitution of India."

3. Parental Rights in Education:

The court recognized the pivotal role of parents in deciding the medium of instruction for their children, stating, "The parental right in education is the very pivotal point of a democratic system." It emphasized that parents have the right to decide the medium of instruction for their children, and the state cannot override this right.

4. Government Policy on Language and Medium of Instruction:

The court analyzed the government policy compelling children to study in the mother tongue or regional language and found it violative of fundamental rights. It stated, "The Government policy compelling children studying in other Government recognized schools to have primary education only in the mother tongue or the regional language is violative of Article 19(1)(g), 26 and 30(1) of the Constitution of India."

5. Judicial Review of Government Policy:

The court reiterated that judicial review is an integral part of the constitutional system and is necessary to ensure that government policies do not violate constitutional rights. It stated, "Judicial review is the basic feature upon which hinges the checks and balances blend with the hind sight in the Constitution as people's sovereign power for their protection and establishment of egalitarian social order under the rule of law."

6. Regulation vs. Restriction in Educational Policy:

The court distinguished between regulation and restriction, stating that regulations are meant to secure the proper functioning of institutions and maintain excellence in education, whereas restrictions impede the exercise of fundamental rights. It stated, "Regulations secure the proper functioning of the institutions, in matters educational. The Regulation polishes the right so that there will be proper and smooth exercise of the right in the interest of very person exercising the fundamental rights."

Conclusion:

The court allowed the writ petitions in part, quashing clauses (2), (3), (6), and (8) of the impugned government order in its application to schools other than those run or aided by the government. The rest of the government order was upheld. The court concluded that the right to choose the medium of instruction is a fundamental right and that the government policy compelling children to study in the mother tongue or regional language violates this right.