The cases of Mohini Jain v. State of Karnataka in 1992 and Unnikrishnan v. State of Andhra Pradesh in 1993 dealt with the issue of the right to education as a fundamental right in India.

In the case of Mohini Jain v. State of Karnataka, a Public Interest Litigation was filed by a parent challenging the state government's decision to charge capitation fee for admission to a professional college. The Supreme Court of India held that the right to education is a fundamental right under Article 21 of the Indian Constitution which guarantees the right to life and personal liberty. The court also held that charging capitation fee for admission to professional colleges was violative of the right to education as it restricted access to education on the basis of one's ability to pay.