Right To Higher Education and Constitutional Guarantees: Legal Challenges and Judicial Perspectives In India

Abstract

The present study examines the constitutional guarantees, legal challenges, and judicial perspectives concerning the right to higher education in India. Adopting a doctrinal and descriptive research methodology, the study analyzes constitutional provisions, landmark Supreme Court judgments, and secondary data from the All India Survey on Higher Education (AISHE). Findings reveal that total higher education enrolment increased from 3.42 crore in 2014–15 to approximately 4.50 crore in 2023–24, while the Gross Enrolment Ratio reached 30.0%. Female GER increased to 31.2%, indicating improved gender participation. However, Scheduled Caste and Scheduled Tribe GER remained at 27.8% and 22.8%, respectively, highlighting persistent educational inequalities. Judicial interpretations have strengthened principles of educational equality, institutional autonomy, and regulatory accountability. The study concludes that although constitutional provisions provide meaningful protection, equitable access requires stronger legal safeguards, affordable education, inclusive policies, and effective institutional governance to advance social justice and educational development across India.