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.

Key words: Transformative Constitutionalism; Indian Constitution; Elementary Education, Right to Education.