Day 10 : “From Constituent Assembly to Constitutional Morality: The Journey of Affirmative Action in India” By Hon’ble Mr. Justice U.U. Lalit, Former Chief Justice of India

Event Date: 20th November,2025

Event Brief Description

Former Chief Justice of India, Justice U. U. Lalit, delivered a lecture titled “From Constituent Assembly to Constitutional Morality: The Journey of Affirmative Action in India,” in which he traced the constitutional and judicial evolution of India’s affirmative action in education.Justice Lalit began by revisiting the original Articles 41 and 45 of the Constitution, noting how their early focus on education as a Directive Principle evolved through later amendments and jurisprudence. Citing the Maneka Gandhi judgment, he emphasized that the Right to Life encompasses nurturing human potential, making education essential for national development.

He explained how the amendment introducing Article 21-A removed the original ten-year deadline for universal education and gave Parliament discretion to legislate on matters such as fee regulation, admissions in minority institutions, and region-specific economic considerations.Justice Lalit reviewed landmark judgments—Mohini Jain, which initially argued for free education for all, and Unnikrishnan (1992), which refined this view by linking the State’s obligation to its economic capacity. He also highlighted Unnikrishnan’s influential cross-subsidisation model.

He then examined subsequent cases—Islamic Academy (2003), P.A. Inamdar (2005)—and the RTE Act (2009), showing how constitutional principles of affirmative action have shaped India’s educational landscape. Concluding, Justice Lalit called this enduring commitment to educational equity one of the Constitution’s most transformative contributions to social and economic progress.

Event Detailed Description

Former Chief Justice of India, Justice U. U. Lalit, delivered a succinct and engaging lecture titled “From Constituent Assembly to Constitutional Morality: The Journey of Affirmative Action in India.” Reflecting on the formative history of the Constitution, Justice Lalit traced the evolution of one of India’s most significant affirmative action frameworks.

He began by revisiting the un-amended versions of Articles 41 and 45 of Part IV of the Constitution. Drawing on the Maneka Gandhi judgment on the Right to Life, he emphasized that realizing the nation’s full human-resource potential requires nurturing every young sapling. While the original Article 45 envisioned providing education to children aged 6 to 14 within ten years of the Constitution’s adoption, this time limitation was later removed through an amendment to Article 21, which introduced a new clause requiring the State to provide education “in such manner as the State may, by law, determine.”

This change gave Parliament the flexibility to address key questions regarding fee regulation, admission of non-minority students to minority institutions, fee variations based on regional economic conditions, and their collective impact on the country’s educational culture.

Justice Lalit also discussed major judicial developments, including the Mohini Jain case, which argued for free education for all children, and its subsequent reconsideration in the Unnikrishnan (1992) judgment. The latter clarified that, beyond mere timelines, Article 45 obligates the State to provide education to children within its economic capacity. Justice Lalit reiterated Unnikrishnan’s proposal on the concept of cross-subsidisation, illustrating it through three scenarios:

• Scenario I: 100% uniform fee for all students
• Scenario II: 50% paid seats and 50% free seats
• Scenario III: 100% free seats subsidized through higher-fee NRI seats or contributions from financially capable students

This model, he suggested, could support equitable access to education nationwide.

Justice Lalit further examined significant case laws—Islamic Academy of Education v. State of Karnataka (2003), P.A. Inamdar v. State of Maharashtra (2005), and the Right of Children to Free and Compulsory Education (RTE) Act of 2009—to demonstrate how affirmative action, embedded within the Constitution itself, has profoundly influenced India’s social and economic development. He concluded that this constitutional commitment remains one of the most impactful affirmative actions undertaken by the nation.
Department Name: School of Law

Event Outcome

The event encouraged the inculcation of the culture of critique to imbibe the best possible arguments and policies as depicted through the implementation of Right to Education as an affirmative action by the Constitutional Amendment of India. This was successfully delivered to learn about the higher idea of Constitutional Morality.

Related Goal