Case Commentary on Farzana Batool v. Union Of India & Others

Ayushi Mittal & Srijon Banerjee

School of Law, Christ (Deemed to be University), Bengaluru

Best Citation – Ayushi Mittal & Srijon Banerjee, CASE COMMENTARY ON FARZANA BATOOL V. UNION OF INDIA & OTHERS, 2 (5) & 6 of 2022, IJLR.

Abstract

A significant step toward ensuring that social, economic, and political justice has been laid down for every Indian citizen through Fundamental Rights, defined under Articles 12 to 35 and included in Chapter III of the Indian Constitution. It is what Pt. Jawaharlal Nehru referred to as the constitution’s conscience. The Indian Constitution guarantees both the Fundamental Rights, which protect people’s freedom and dignity, and the ‘Directive Principles’ which uphold the social, economic, and political fairness for all community members. Given that “education” has long been viewed as a fundamental ‘human right’, on a worldwide scale, there are no impending restrictions on granting the ‘Right to Professional Education’ or ‘Higher Education’ legal recognition. The notion of education as a basic human right cannot be fully realized if the “Right to Higher Education” is not seen as a fundamental human right.

The case of Farzana Batool v. Union of India and Others is a landmark case laying down the significance of higher professional education and specifying the state’s obligatory duty to provide the resources and services for the same. It also lays down the authority and importance of Writ Petition which comes under Article 32 of the Indian Constitution. The Hon’ble Supreme Court admitted the fact of higher education not being a fundamental right but prudently laid its importance and the state’s obligatory duty to provide or help to provide the same to the section of society who doesn’t have the resources or is facing some hindrances on the path to a to achieve it, as the same is not guaranteed under the Fundamental Rights.

Keywords: Fundamental rights, court, human right, professional/ higher education, Article 32, state, duty.