PolityGS2

Supreme Court jurisprudence expands state duty to minimise institutional harm to students

The Hindu·2026-08-06· Read original

"Supreme Court jurisprudence expands state duty to minimise institutional harm to students"

Prelims Facts

  • •NTA was established in 2017 under the Department of Higher Education, Ministry of Education.
  • •NEET-UG is the single gateway for admissions to MBBS, BDS, and allied programmes across government and private medical colleges in India.
+3 more facts — sign up free to unlock

Key Terms

Positive duty of care

state's obligation to actively design systems that minimise foreseeable institutional harm, beyond merely avoiding arbitrary action.

Institutional causation

the doctrine that student distress or harm can arise from systemic/institutional conditions, not only individual choices.

+3 more terms — sign up free to unlock

Study Note

BackgroundCore Concept

Background

The constitutional framework governing education and public employment in India rests on Article 14 (equality before law), Article 16 (equality of opportunity in public employment), and Article 21 (right to life and personal liberty). Over successive decades, the Supreme Court has progressively expanded Article 21 beyond mere physical survival to encompass dignity, livelihood, and — more recently — mental health. This expansive reading draws on the Maneka Gandhi v. Union of India principle that the right to life must be interpreted broadly and in consonance with human dignity.

The National Testing Agency (NTA), established in 2017 under the Department of Higher Education, Ministry of Education, was designed to centralise and standardise high-stakes national examinations including NEET-UG, JEE (Main), and UGC-NET. NEET-UG functions as the single gateway for admissions to MBBS, BDS, and allied programmes across government and private medical colleges, drawing over 22 lakh aspirants annually. The centralisation was intended to reduce fragmentation and corruption in state-level tests, but it also concentrated systemic risk — a single institutional failure now affects millions simultaneously. The Right to Education Act, 2009 reinforces the constitutional guarantee of equitable access to education, making any compromise in examination integrity a matter of fundamental rights.

The broader social context is equally important. For a large section of Indian society — particularly those from economically marginalised and reserved-category backgrounds — access to higher education and public employment through competitive examinations is not merely an aspiration but a constitutional promise embedded in the reservation framework under Articles 15(4) and 16(4). The state, in this relationship, is not conferring a favour but discharging a constitutional obligation.

The Topic Explained

The article's central constitutional argument is that the state bears not only a negative duty (to avoid arbitrary or capricious decision-making) but also a positive duty to design and maintain fair institutional systems that minimise foreseeable harm to aspirants. This argument draws directly from two recent Supreme Court decisions.

In Sukdeb Saha v. State of Andhra Pradesh (2025), the Supreme Court recognised student mental health as a component of the right to life under Article 21 and held that student suicides can arise from institutionally normalised stressors rather than purely individual choices. The court directed educational institutions to adopt mental health policies and create psychologically safe environments. This was a significant doctrinal shift: it moved the analytical lens from individual pathology to institutional causation. In Amit Kumar v. Union of India (2026), the court reinforced this by cautioning against the tendency to individualise student distress while ignoring systemic pressures embedded in examination and institutional cultures. …

Sign up free to read the full noteIncludes the rest of The Topic Explained and Current Context

Related PYQs

2021GS1 Prelims

A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?

AArticle 14
BArticle 28
CArticle 32
DArticle 44
Sign up free to see the answer and explanation
2024GS1 Prelims

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

AArticle 15
BArticle 16
CArticle 19
DArticle 21
Sign up free to see the answer and explanation

Practice MCQs

Polityeasy

The National Testing Agency (NTA) was established to conduct major national examinations. Which of the following statements about the NTA is/are correct?

1.It was established in 2017 as an autonomous organisation.

2.It functions under the Department of Higher Education, Ministry of Education.

3.NEET-UG is the single gateway for admissions to MBBS and BDS programmes across all medical colleges in India.

Select the correct answer using the code given below:

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
Sign up to check your answer & see the explanation
Politymedium

Consider the following pairs:

Constitutional Provision — Subject Matter

1.Article 14 — Equality before law and equal protection of laws

2.Article 15(4) — Reservation in public employment for backward classes

3.Article 16(4) — Reservation in public employment for backward classes

4.Article 21 — Right to life and personal liberty

How many of the above pairs are correctly matched?

AOnly two
BOnly three
CAll four
DOnly one
Sign up to check your answer & see the explanation
Politymedium

Which of the following best describes the concept of 'institutional causation' as articulated in recent Supreme Court jurisprudence on student welfare?

AThe principle that educational institutions are legally liable for all accidents occurring on their premises
BThe doctrine that student distress or harm can arise from systemic institutional conditions and normalised stressors, not only individual choices
CThe rule that institutions must compensate students financially for examination delays caused by administrative failures
DThe constitutional requirement that all educational institutions must be registered with a statutory regulatory body
Sign up to check your answer & see the explanation

Want the full note, Prelims Facts & MCQ answers?

Create a free account — takes less than a minute.

Create free account