Supreme Court to Reconsider Exemption of Minority Schools from RTE Act
The Supreme Court has referred its 2014 judgement, which exempted minority educational institutions from the Right to Education (RTE) Act, to a larger bench for reconsideration. A two-judge bench expressed concern that the decade-old verdict may have "jeopardised the very foundation of universal elementary education." The court observed that the exemption weakens inclusivity, fragments the common schooling vision, and has created a regulatory loophole that institutions may be misusing to circumvent the RTE Act's provisions.
Unpacked:
The RTE Act, 2009, guarantees free and compulsory elementary education for all children aged 6-14 in India. It mandates private unaided schools to reserve 25% of seats for disadvantaged children and sets standards for infrastructure, teacher qualifications, and non-discrimination in admissions.
Minority educational institutions were exempted to protect their rights under Article 30(1) of the Constitution, which allows religious and linguistic minorities to establish and administer their own institutions without state interference, ensuring preservation of their culture and autonomy.
The Supreme Court expressed that the exemption may undermine universal elementary education, weaken inclusivity, fragment the idea of common schooling, and create regulatory loopholes that some institutions might exploit to avoid RTE obligations.
If the exemption is lifted, minority institutions may have to comply with RTE provisions such as seat reservations and infrastructure standards, potentially increasing access for disadvantaged groups but raising concerns over minority autonomy and the preservation of their educational and cultural rights.