Question

tatement 1: The 86th Amendment Act added Article 21(A) to the Fundamental Rights and also inserted a new fundamental duty under Article 51(A)(k).
Statement 2: The same amendment modified Article 45 under the Directive Principles to provide for free and compulsory education for all children until they complete the age of fourteen years.

Which of the following statements are true?

• A. Both statements are true
• B. Both statements are false
• C. Only Statement 1 is true
• D. Only Statement 2 is true

Answer 1

Answer:

C. Only Statement 1 is true

86th Constitutional Amendment Act, 2002

• The 86th Constitutional Amendment Act, enacted in 2002, is a pivotal amendment in the history of Indian education, primarily aimed at making education a fundamental right for children.

• This amendment was a crucial step towards achieving universal elementary education and fulfilling India's commitment to the global 'Education for All' initiatives.

Impact on Fundamental Rights (Part III)

• The 86th Amendment Act inserted a new Article 21A into the Indian Constitution, placing it under the Fundamental Rights.

• Article 21A mandates 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 provision elevated the Right to Education from a Directive Principle to a legally enforceable Fundamental Right.

Impact on Fundamental Duties (Part IVA)

• The Act also inserted a new clause (k) under Article 51A, which outlines the Fundamental Duties of Indian citizens.

• Article 51A(k) states 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 makes it a constitutional obligation for parents/guardians to ensure their children receive elementary education.

Impact on Directive Principles of State Policy (Part IV)

• Prior to the 86th Amendment, Article 45 of the Directive Principles stated: "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 86th Amendment modified Article 45. It replaced the original content, and the article now reads: "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."

• This modification shifted the focus of Article 45 from providing education up to 14 years (which was made a Fundamental Right under Article 21A) to ensuring early childhood care and education for children below the age of six years.

• Therefore, the amendment did not modify Article 45 *to provide for* education for children up to fourteen years; instead, it changed its scope to focus on children *under six years*. The provision for children aged 6-14 was moved to Article 21A as a Fundamental Right.

Key Facts for Competitive Exams

• The Right to Education (RTE) Act of 2009 was enacted to give effect to Article 21A, ensuring the practical realization of free and compulsory education for children aged 6 to 14 years. It came into force on 1st April 2010.

• The 86th Amendment Act is often considered a significant reform in India's education policy, emphasizing holistic child development from early years.

• This amendment is a direct reflection of India's commitment to human rights, particularly the right to education as enshrined in various international conventions.