It is heartening to note that education is to become a Fundamental Right in India for the children between the age group of 6 and 14 living in India. Recently the Indian cabinet took a unanimous decision to that effect. The decision will have far reaching consequences in the Indian society.
Hitherto education has been in the category of Directive Principles of State Policy and one of the welfare measures to be taken by the Indian Government to achieve the Welfare State Ideal. However, it was not a right but only an ideal to be achieved. Hence, a child who has no opportunity for education could not claim it as a matter of right in a court of law. In other words, by the inclusion of education as the directive principles of state policy, it was not justiciable, which means a child cannot go to court pleading that he or she has no opportunity for education.
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