RIGHT TO EDUCATION: ONE FUNDAMENTAL RIGHT AT COST OF ANOTHER FUNDAMENTAL RIGHT?
“Education imparted by heart can bring revolution in the society” - Maulana Abul kalam azad BACKGROUND: The Right to education was initially not included as a fundamental right in the constitution of India and our founding fathers has included education as a Directive principles of state policy under Part IV of the constitution of India. Article 45 (unamended) Provision for free and compulsory education for children The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years The directive under Article 45 was confined not merely to primary education but to the education up to the age of 14 years irrespective of stage of education. In Re Kerala education Bill [1] The court emphasized that solemn obligation is placed on state by Article 45 which can be discharged by it through governme