Transformative Constitutionalism And Right To Elementary Education: An Evolutionary Analysis With Special Reference To The Constitution Of India

Abstract

Transformative constitutionalism seeks to bring fundamental changes in
nation’s social institutions through identification and invocation of transformative
goals in its constitution. Albeit the scope of such changes may extend to uncountable
aspects of social life, howbeit, this article focuses on transformation of education
rights in India through constitutional means. The constitution makers had enacted
the Indian constitution with a transformative vision to enhance and promote
elementary education in India through the constitutional directive of State’s duty to
provide free and compulsory education to all the children which was further
nurtured by the Supreme Court of India by declaration of right to education as an
integral part of right to life. Eventually, right to elementary education found its place
as a separate fundamental right in the Indian constitution. In aforesaid context, this
article analyses the role of transformative constitutionalism in making elementary
education as the part of fundamental right in India.