M C MEHTA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) "I am the child,

(2.) OUR Constitution makers, wise and sagacious as they were, had known that India of their vision would not be a reality if the children of the country are not nurtured and educated. For this, their exploitation by different profit makers for their personal gain had to be first indicted. It is this need, which has found manifestation in Article 24, which is one of the two provisions in Part IV of our Constitution on the fundamental right against exploitation. The framers were aware that this prohibition alone would not permit the child to contribute its mite to the nation building work unless it receives at least basic education. Article 45 was therefore inserted in our paramount parchment casting a duty on the State to endeavour to provide free and compulsory education to children. (It is known that this provision in Part IV of our Constitution is, after the decision by a Constitution bench of this Court in Unni Krishnan, (1993) 1 SCC 645 : (1993 AIR SCW 863) (has acquired the status of a fundamental right). OUR Constitution contains some other provisions also to which we shall advert later, desiring that a child must be given opportunity and facility to develop in a health manner.

(3.) THE committee has done a commendable job. It submitted its report on 11-11-91 containing many recommendations, the summary of which is to be found of the report, reading as below :-