Constitutional Rights for Students in India
The most potent and crucial resource for a country's development is its
students. A country's future is created by students. Students, as vital as they
are, are occasionally exploited and denied their rights. Every student,
especially college students, should be aware of their legal rights. Although
there is no unique right or provision dedicated only to students in India, there
are four crucial rules in the Indian constitution that every student should be
We can understand the rights of students in India as follows, based on
fundamental legal rights:Right to Free Speech and Expression (Article 19 (1)(a))
As we all know, freedom of speech refers to the ability to express oneself
through speech, writing, photographs, or any other methods. In India, a student
has the same freedom as a student in the United States. Of course, as stated in
Article 19(2) of the Indian Constitution, there are limitations. As a student,
you have the freedom to express yourself without fear, but it doesn't mean you
may use freedom of speech and expression to malign others. Private organization
have the authority to fire employees for whatever reason they see fit. When
Shreya Singhal filed a petition against the Union of India in 2015, the
fundamental right to freedom of speech and expression was stressed.
The Supreme Court, in a petition submitted by a law student, emphasized the
importance of freedom of speech and expression, both from the standpoint of
individual liberty and the democratic form of our democracy. The Supreme Court
ruled that in a democratic constitution that allows for changes in the
composition of legislatures and governments, freedom of speech and expression
are essential and must be protected.
Article 21 of India's constitution guarantees the right to life:
While striking down a regulation for disciplinary action under the Delhi School
Education Rules, 1973, a division bench of the Delhi High Court ruled that
children should not be exposed to corporal punishment in schools and should
receive education in an environment of freedom and dignity, devoid of fear.
Why is it significant for Indian students?
In the case of Parents Forum for Meaningful Education & Anr against Union of
India & Anr, the right was invoked. The Parents Forum has filed a petition to
stop pupils from being punished in schools.
Following that, the court issued a ruling with instructions to educational
institutions on how to deal with children who do not complete their assignments,
but no corporal punishment should be used:
- Detain pupils during their lunch break if they do not do their homework
- No punishment or detention after school hours if they do not complete
- Fines can be imposed solely on students over the age of 14 in cases of
late attendance, being absent from school without permission,
skipping/bunking lessons, causing damage to school property, or any delay in
payment of school fees and dues.
- Only if a student is unpleasant or unpleasant to teachers, creates
physical violence at school, or engages in any other major misconduct toward
peers, could he or she be subjected to corporal punishment (not harsh).
- No corporal punishment for unwell students
- If a student is expelled from one school, he should not be denied entry
to another school.
- No student should be expelled or rusticated without first receiving a
‘show-cause' notice from his or her parents or guardians.
Right to Life (under Article 21):
Nobody, including the government, has the authority to take your life, according
to the right to life (Article 21). The government is required by this law to
take adequate measures to safeguard life by enacting laws to protect you. The
right to life also requires the government to take reasonable measures to
safeguard you if your life is in danger. When making decisions that may put you
in risk or influence your life expectancy, public authorities should also
consider your right to life. If a member of your family dies in state-related
circumstances, you may be entitled to an investigation.
Under the Students rights the Indian Contract Act and Criminal Law includes:Indian Contract Act:
Under the Indian Contract Act, 1872, a student who has reached the age of
majority, i.e., 18 years, can engage into a contract. For example, a student
must enter into a contractual arrangement with a sanctioning bank or a leasing
agreement with the owner of a residential property while taking out an
According to the Indian Penal Code, children under the age of seven are exempted
from criminal liability, whereas children from seven to twelve are held
responsible for their actions based on their maturity. Unless they are
discovered committing a major offense as defined in the Act, students under the
age of 18 are safeguarded from being punished as adult criminals by the Juvenile
Justice (Care and Protection of Children) Act, 2015. Government employees must
follow specific principles set forth in Section 3 of the Act when dealing with
students who have broken the law, such as the presumption of innocence, equality
and non-discrimination, and natural justice, among others.
Right to Constitutional Remedy
This is a very special right that all citizens retain. A citizen has the right
to bring a matter to court if any of his or her fundamental rights are violated.
The court serves as a deterrent to anyone who violates these rights.
This right allows a person to go to court to seek justice against the
government's acts if the government forces or knowingly acts wrong to them, or
if a person is imprisoned for no reason or through an unlawful conduct.
Fundamental rights play a very significant role in the life of any citizen.
These rights can defend during the time of complexity & difficulty and help us
grow into a good human being and that’s why all the rights are the needs of