Students of India are the people you will contribute to the development of the country in future. They are the future of the nation, they are important and so are their rights. It is critical for students, specially college students, to know what their constitutional rights are.
In India there are no special rights solely decicated to students, but there are a few important constitutional rights that in the constitution of India that every student should know.
Here I will discuss 4 fundamental rights of students in India.
Right to information (RTI)
When the exams results are out, untill the Right to Information Act’s introduction in 2005, students could only apply for re-total of marks not re-evaluation. But the Supreme Court of India ruled that the students in India who are unsatisified with their results can apply for re-evaluation of their answer sheet, which is allowed under the RTI Act, 2005. No rules of Education/Examination Board can prevent them from doing so.
RTI for students allows them to re-evaluate their sheets and permits them to file a report in case of discrepancies.
RTI for students includes:
- Re-checking or re-evaluation of answer sheet if unsatisfied with the results.
- Physically getting to check their answer sheets.
- Checking the status of delayed degree or validity of their degrees. They are also allowed to ask for mark-sheet verification, under the RTI. All this they can ask to the State Board or concerned University to obtain correct information about educational qualifications and examinations.
Right to freedom of speech and expressions
Article 19(1) (a) of the Indian Constitution states that, “all citizens shall have the right to freedom of speech and expression”. This is right is same for youth also. They can access their freedom of speech and expression, as this is the perk of living in a Democratic country.
The right to freedom of speech and expression are:
- The freedom of speech under Article 19(1) (a) of the Indian Constitution, allows Indian citizens to express their views and opinions on any isssue through any medium (writing, movie, printing, words of mouth etc.).
- The right also allows government of India to frame laws for imposing reasonable restrictions on the citizens in order to maintain public order, security of the state, sovereignty and integrity of India, friendly relations with foreign states, contempt of court, decency and morality and and defamation and incitement to an offence.
- The failure of the state to guarantee to all its citizens the fundamental right to freedom of speech and expression is a violation of Indian Constitution’s Article 19(1)(a).
Right to education
Article 21-A was inserted in the Constitution of India by the Constitution (Eighty-sixth Amendment) Act, 2002 to provide free and compulsory education to all children in the age group of six to fourteen years as a Fundamental Right. Right of Children to Free and Compulsory Education (RTE) Act, 2009 that represents the consequential legislation envisaged under Constitution’s Article 21-A, means that all the children between the age of 6-14 years have complete right to elementary education in a formal school.
Right to equality
The Article 14 of Indian constitutional law says all are equal in the eyes of law. The right to equality includes equality for all before the law, the prohibition of discrimination on grounds of caste, religion, gender, race, place of birth, abolition of untouchability, equality of opportunity in matters of employment, and abolition of titles. It also includes special provision for women, children and SC,ST & backward classes.
The right to equality is also defined for educational institutions. The
Supreme Court of India while laying down the principles for educational institutions to be followed during admissions, it also laid down that if there is a violation of the right to equality for students and equal treatment to the candidates competing, it would be fully just and fair to give exceptional reliefs to the candidates that come under such circumstances alone.
There are no rights in the constitution of India that are specifically for students of the country, which makes the process of exercising rights difficult for the students. All the rights and provisions made for Indian students are similar to the rights offered to all citizens. But some of these rights help students that they are unaware of. So here, I have discussed the 4 fundamental rights that are important for students.