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What prevents the government from declaring "Making profits in education (primary/secondary/higer/all levels) is legal"?

Which interest group is preventing this?

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I think governments hesitate because such declarations might be challenged in court. The Supreme Court has repeatedly held education to be "charitable" and not commerce or for profit (notably, in TMA Pai Foundation (2002)). In November 2022, the SC interpreted, "Our Constitution reflects a value which equates education with charity."

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Is there a way to challenge Supreme Court on its own judgment?

I can understand that the beauty of free market is nearly impossible to appreciate for the people whose salary comes from tax-money. This includes the judges, as well as the government school/university teachers.

These combination of people will withhold free markets from the education under the hogwash of 'sanctity of non-profit education'.

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