Extending the Scope of Article 29(2) Of The Indian Constitution: Inclusion of Private Unaided Educational Institutions
DOI:
https://doi.org/10.69974/glslawjournal.v8i2.220Keywords:
Article 29(2), Private Unaided Educational Institutions, Educational Equality, Non-Discrimination, Constitutional RightsAbstract
This study investigates the constitutional effects of protecting Article 29(2) of the Indian Constitution to the 29(2) to the private unaided educational institutions. Article 29(2) now excludes only the discrimination based on religion, race, caste, or language in the state-maintained or state-aided institutions. Nevertheless, the increasing prevalence of the private unaided institutions in the Indian education system has led to access inequalities in access to higher quality education by the marginalized and the economically disadvantaged in the Indian society. This research approach finds out the current gap in the constitutional protection and presents the need to amend it to protect equality and inclusiveness in every institution of learning irrespective of the source of funding.
In a descriptive legal approach with the usage of the constitutional provisions, analysis of the case law, and literature, the paper examines the discriminative aspects in the field of the private institution that is not aided and discusses their social and legal consequences. The judicial landmarks that include T.M.A. Pai Foundation v. State of Karnataka, The balance of institutional autonomy and constitutional imperative of equality are evaluated by analyzing union of India. The research discovers that although autonomy is a key to educational excellence, it must not undermine the right to non-discrimination and equal educational opportunity that are provided by the Constitution.
The paper is summed up with policy and legislative changes such as revising the Article 29(2) to include private unaided institutions, application of open admission policies, providing disadvantaged groups with reservation and scholarship policies and regulation bodies. This would bring the ideals of equality, secularism, and social justice as outlined in the constitution of India, into the educational system, which would in turn empower the democratic system and provide inclusive education to every citizen of India.
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References
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Ibid. art. 15, cl. 1.
Ibid. art. 15, cl. 5.
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