GS Paper - 2 (Polity)

GOVERNMENT AID to an institution is a matter of policy and it is not a fundamental right, the Supreme Court ruled. It also stated that as regards aided institutions, there cannot be any difference between a minority and non-minority one.

What Supreme Court said

  1. A decision to grant aid is by way of policy. While doing so, the government is not only concerned with the interest of the institutions but the ability to undertake such an exercise, SC said.
  2. It said there are factors which the government is expected to consider before taking such a decision. “Financial constraints and deficiencies are the factors which are considered relevant in taking any decision qua aid, including both the decision to grant aid and the manner of disbursement of an aid.
  3. Once it has been held that “right to get an aid is not a fundamental right, the challenge to a decision made in implementing it, shall only be on restricted grounds” said the bench.
  4. The judgment came on an appeal filed by the Uttar Pradesh’ government challenging the 2018 Allahabad High Court verdict holding that Regulation 101 framed under The Intermediate Education Act, 1921 is unconstitutional. The apex court set aside the HC verdict.