The constitutional protection of the right to education as a human right
Abstract
Education is the cornerstone of human dignity, freedom, and overall development, and it plays a crucial role in the realization of other human rights. Recognizing its significance, the right to education has been acknowledged as a fundamental human right at both international and national levels. In India, this right has received explicit constitutional protection, transforming education from a policy objective into a legally enforceable entitlement. This paper examines the constitutional framework that safeguards the right to education as a human right in India. It analyses the role of Article 21 and Article 21A of the Indian Constitution, along with the Directive Principles of State Policy and Fundamental Duties, in ensuring access to free and compulsory education. The study also discusses important judicial pronouncements that expanded the scope of the right to life to include the right to education. The paper highlights the significance of constitutional protection in promoting social justice, equality, democracy, and the empowerment of marginalized sections of society, thereby affirming education as an essential human right.
Fields of Study & Subjects
Comparative constitutional jurisprudence studies
Legal Rights and Human Rights
Legal Issues in Education
Publication details
- Journal / source
- Zenodo (CERN European Organization for Nuclear Research)
- Publication date
- 31 January 2026