Context: The Supreme Court in recent judgment said that access to professional education is not government largesse (mercy or gift).

• The State has an “affirmative obligation to facilitate access to education at all levels”.

Key highlights

• The right to pursue higher (professional) education is not mentioned as a fundamental right in Part III of the Constitution.
• But it is important to create an enabling environment to make it possible for students to pursue professional education.
• This is more important for students whose background (by virtue of caste, class, gender, religion, disability and geographical region) imposes formidable obstacles on their path to accessing quality education.
• India is a signatory to the United Nations International Covenant on Economic, Social and Cultural Rights.
• Hence, education as an empowerment right can enable the economically and socially marginalised adults and children to lift themselves out of poverty and achieve their full potential.

Part III of the Constitution

• The Constitution offers all citizens some basic freedoms individually and collectively.
• These are guaranteed in the form of six broad categories of Fundamental Rights.
• Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.

These are:

• Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
• Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality).
• Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
• Right to freedom of conscience and free profession, practice, and propagation of religion.
• Right to conserve culture, language or script, and right of minorities to establish and administer educational institutions of their choice
• Right to constitutional remedies for enforcement of Fundamental Rights.