Question

Consider the following statements regarding the 86th Constitutional Amendment Act:

i. It added Article 21A, making free and compulsory education for children aged 6 to 14 a Fundamental Right.

ii. It amended Article 45 to provide for early childhood care and education for children below 6 years.

iii. It increased the number of Fundamental Duties to 11 by adding Article 51A(k).

iv. It was passed during the tenure of Prime Minister Manmohan Singh.

Which of the statements given above is/are correct?

• A. i, ii, and iii
• B. i, iii, and iv only
• C. ii and iii only
• D. All of the above

Answer 1

Answer:

A. i, ii, and iii

86th Constitutional Amendment Act, 2002

• This landmark amendment significantly impacted the right to education in India.
• Article 21A: It inserted Article 21A into the Constitution, declaring that 'Every child between 6 and 14 years of age shall have the right to free and compulsory education'.
• Fundamental Right: This effectively transformed the right to education into a Fundamental Right for children in this age group.
• Article 45 Amendment: The amendment also modified Article 45. The original Article 45 directed the State to endeavor to provide early childhood care and education to all children until they complete the age of six years. The amendment substituted this with a provision emphasizing the State's duty to provide 'early childhood care and education for all children until they complete the age of six years'.
• Fundamental Duties: It added a new Fundamental Duty under Article 51A(k), making it the duty of parents and guardians to provide opportunities for education to their child or ward between the age of six and fourteen years. This brought the total number of Fundamental Duties to eleven.
• Implementation: While the Act was passed in 2002, the provisions related to Article 21A came into effect from April 1, 2010, with the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
• Government Tenure: The 86th Constitutional Amendment Act was passed during the National Democratic Alliance (NDA) government's tenure, with Atal Bihari Vajpayee as the Prime Minister.