Question

Which of the following constitutional changes were effectuated through the 86th Amendment Act?

1. It introduced Article 21A, making primary education a Fundamental Right.

2. It amended Article 45 to provide for early childhood care and education for children below the age of six.

3. It added a new Fundamental Duty under Article 51A(k) for parents or guardians.

4. It removed the Right to Property from the list of Fundamental Rights.

Select the correct option:

• A. 1 and 2
• B. 3 and 4
• C. 1, 2 and 3
• D. 1, 2, 3 and 4

Answer 1

Answer:

C. 1, 2 and 3

The 86th Amendment Act, 2002: A Landmark for Education

• The 86th Constitutional Amendment Act, enacted in 2002, is a pivotal amendment in Indian history, primarily focused on making education a fundamental right.
• It was a significant step towards achieving Universal Elementary Education in India.

Key Changes Introduced by the 86th Amendment Act:

• 1. Insertion of Article 21A – Right to Education:
  • This amendment inserted a new Article 21A into Part III (Fundamental Rights) of the Constitution.
  • Article 21A declares 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 primary education a justiciable fundamental right, meaning citizens can approach courts for its enforcement.
• 2. Amendment to Article 45 – Directive Principle of State Policy:
  • Article 45, originally a Directive Principle of State Policy (DPSP), previously mandated the State to endeavour to provide free and compulsory education for all children until they complete the age of fourteen years.
  • After the 86th Amendment, Article 45 was changed to direct the State to endeavour to provide early childhood care and education for all children until they complete the age of six years.
  • This amendment shifted the focus of Article 45 from elementary education (which became a Fundamental Right under 21A) to early childhood care and pre-primary education.
• 3. Addition of a New Fundamental Duty – Article 51A(k):
  • A new clause (k) was added to Article 51A (Fundamental Duties) in Part IV-A of the Constitution.
  • Article 51A(k) makes it a fundamental duty of every 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 emphasized the responsibility of parents/guardians in ensuring their children receive elementary education.

Related Facts for Competitive Exams:

• The Right of Children to Free and Compulsory Education (RTE) Act, 2009, was subsequently enacted to give effect to Article 21A. It came into force on April 1, 2010.
• The 86th Amendment is often seen as a fulfillment of the constitutional promise of education.
• The provision regarding the removal of the Right to Property from the list of Fundamental Rights was carried out by the 44th Amendment Act, 1978, which deleted Article 19(1)(f) and Article 31, and instead made it a legal right under Article 300A. This is unrelated to the 86th Amendment.
• The concept of Fundamental Rights, Directive Principles, and Fundamental Duties collectively forms a crucial part of the Indian Constitution, guiding state policies and citizen responsibilities.