1998 JTR(SC) 639
1998 5 Scale 23 ; 2000 10 SCC 648
SUPREME COURT OF INDIA
M. M. Punchhi, CJI., Kuldip Singh, N.P. Singh, M.K. Mukharji and S. Saghir Ahmad, JJ.
C.A. No. 2163 (NCM)/1978
Decided On: 09.07.1996
University of Delhi & Anr. Appellants
versus
Sh. Anand Vardhan Chandal Respondent
While the right to education is a fundamental right, the right to participate in student union activities and contest elections is a statutory right, not a fundamental right.
Act
Referred
:CONSTITUTION OF INDIA
: Art.21, Art.19(1)
(A) Constitution of India - Article 19(1), Article 21 and Article 226(1)(a) - Right to education - Whether the right to participate in student union activities and elections is a fundamental right - Right to education is a fundamental right to the extent spelt out by the Constitution Bench - However, the right to contest elections to a students union is not a part of the right to education and cannot be termed a fundamental right. (Paras 2 and 4)
(B) Right to participate in elections - Not a fundamental right but a statutory right - Participation in students union activities including elections cannot be placed on a higher pedestal than the right to participate in elections to State Assemblies and Parliament. (Para 4)
Facts of the case:
A student challenged the rejection of his nomination papers for the students union elections and the fixing of the date of commencement of the academic year, alleging that such actions denied him the exercise of the fundamental right to education. The High Court had held that participation in union activities is part of the total education provided by a university and thus constitutes a fundamental right.
Findings of Court:
The High Court erred in holding that the right to contest students union elections is a part of the right to education and therefore a fundamental right.
Issues: Whether the right to participate in the activities of a students union, including contesting elections, is a fundamental right derived from the right to education under the Constitution.
Ratio Decidendi: The right to participate in elections is a statutory right, not a fundamental right. Since the right to participate in elections to State Assemblies and Parliament is not a fundamental right, the right to participate in students union elections cannot be considered a fundamental right.
Result: Appeal allowed.
(B) Right to participate in elections - Not a fundamental right but a statutory right - Participation in students union activities including elections cannot be placed on a higher pedestal than the right to participate in elections to State Assemblies and Parliament. (Para 4)
Facts of the case:
A student challenged the rejection of his nomination papers for the students union elections and the fixing of the date of commencement of the academic year, alleging that such actions denied him the exercise of the fundamental right to education. The High Court had held that participation in union activities is part of the total education provided by a university and thus constitutes a fundamental right.
Findings of Court:
The High Court erred in holding that the right to contest students union elections is a part of the right to education and therefore a fundamental right.
Issues: Whether the right to participate in the activities of a students union, including contesting elections, is a fundamental right derived from the right to education under the Constitution.
Ratio Decidendi: The right to participate in elections is a statutory right, not a fundamental right. Since the right to participate in elections to State Assemblies and Parliament is not a fundamental right, the right to participate in students union elections cannot be considered a fundamental right.
Result: Appeal allowed.
Education - Established that the right to education is a fundamental right.
Election - Held that the right to participate in elections to State Assemblies and Parliament is a statutory right, not a fundamental right.
ORDER
1. A Division Bench of the Delhi High Court posed the following question for its considerations:
"Is there a fundamental right to education to be spelt out of clauses (a), (b) and (c) of Article 19(1) and Article 2 I of the Constitution? Does it include participation by a student in the activities of the University Students Union? Does the denial of this right to petitioner by the University sustain this petition under Article 226(1) (a) of the Constitution? These some what novel questions arise in this Writ Petition on the following facts".
2. The High Court answered the first part of the question in the affirmative and has held that the right to education is a fundamental right. This question has been finally decided by a Constitution Bench of this Court in Unnikrishnan J.P. & Ors. Vs. State of A.P. & Ors. AIR I 992 SC 7 I 6 , 1993 Supp(I)SCC645 . There is, therefore. no dispute that the right to education is a fundamental right to the extent it has been spelt out by the Constitution Bench in Unnikrishnans case.
3. So far as the student-participation in the election and other Union activities is concerned, the Division Bench has held the same to be a part of the fundamental right to education on the following reasoning:
"Once the University admits a student, it becomes its duty to educate him or give him equal opportunity with others to educate himself. Since the participation in the Union activities is a part of the total education given by the University equal opportunity has to be given to all students to participate in the Union activities. It is necessary to ensure, therefore, that the students after being admitted will have a reasonable time to join the students Union including elections to it... The action of the University authorities firstly in fixing the date of the commencement of the year and secondly in rejecting the petitioners nomination paper resulted therefore, in the denial of the exercise of the fundamental right to education by the petitioner".
4. We are of the view that the High Court fell into patent error in holding that once the University admits a student, the right to contest the Students of Union elections is a part of the right to education and as such is a fundamental right. This Court in N.P. Ponnuswamy Vs. Returning Officer, Namakkal & Ors. etc. (1952 SCR 2 I 8 at page 236) has authoritatively held that right to participate in elections to the State Assemblies and the Parliament is not a fundamental right. It is only a statutory right. Participation in the Students- Union activities including elections cannot be placed on a higher pedestal.
5. We, therefore, allow this appeal and set aside the impugned Judgment of the High Court. No costs.