Question

What is/are the major change/s made through the 86th Constitutional Amendment Act?

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

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

3. It increased the number of Fundamental Duties to 12.

• A. 1 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

B. 1 and 2 only

86th Constitutional Amendment Act, 2002

• Insertion of Article 21A: This amendment introduced Article 21A into Part III (Fundamental Rights) of the Constitution.

  • It declared that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

  • This made the Right to Education a Fundamental Right, enforceable by law, ensuring access to elementary education for this age group.

• Amendment of Article 45: The 86th Amendment also modified Article 45 in Part IV (Directive Principles of State Policy - DPSPs).

  • Originally, Article 45 provided for free and compulsory education for all children until they complete the age of fourteen years.

  • Post-amendment, Article 45 now directs the State to endeavor to provide early childhood care and education for all children until they complete the age of six years. This shifted the focus of Article 45 to pre-school education.

• Addition to Article 51A: A new Fundamental Duty was added under Article 51A (Part IVA).

  • The 11th Fundamental Duty, Article 51A(k), was inserted, stating that it shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

  • This brought a corresponding duty for parents/guardians concerning the newly established fundamental right to education.

• Enactment of Right to Education Act: Following the 86th Amendment, the Right of Children to Free and Compulsory Education (RTE) Act was enacted in 2009, which came into force on 1 April 2010.

  • This Act provided the legislative framework to implement Article 21A, outlining the modalities for providing free and compulsory education.

• Significance: The 86th Amendment marked a significant step towards achieving universal elementary education and recognized education as a basic human right, making it justiciable.