86th Constitutional Amendment to Indian Constitution

introduction

The 86th Amendment to the Indian Constitution, enacted in 2002, marked a significant milestone in the evolution of education policy in India. This amendment made the Right to Education a fundamental right, ensuring that every child in the age group of 6 to 14 years has access to free and compulsory education. It introduced Article 21A, which explicitly enshrines this right, alongside consequential changes in Articles 45 and 51A. Article 45 was revised to focus on early childhood care and education for children below six years, while Article 51A (k) added a duty for parents or guardians to provide educational opportunities to their children. This landmark reform underscored the nation’s commitment to achieving universal literacy and fostering an inclusive, equitable education system.

Important Provisions

Key points on the 86th Constitutional Amendment Act, 2002:

1. Right to Education as a Fundamental Right:

• The amendment inserted Article 21A into the Constitution, making the Right to Education a fundamental right. It mandates the State to provide free and compulsory education to all children aged 6 to 14 years.

1. Insertion of Fundamental Duty:

• Amended Article 51A to include a new fundamental duty under Clause (k), which states that parents or guardians must provide opportunities for education to their children aged 6 to 14 years.

1. Provision for Early Childhood Care:

• Amended Article 45, a Directive Principle of State Policy (DPSP), to focus on the provision of early childhood care and education for children below 6 years.

1. Emphasis on Universal Education:

• The amendment sought to strengthen efforts for universal literacy and improve school enrollment and retention rates, particularly in underprivileged areas.

1. Implementation through Legislation:

• Led to the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which operationalizes Article 21A by specifying norms, responsibilities, and procedures for free education.

1. Focus on Quality Education:

• The amendment aimed to ensure that children not only access education but also receive quality education in an equitable and inclusive manner.

The 86th Amendment is a landmark reform that underscores India’s commitment to child welfare and education, recognizing education as a tool for social and economic empowerment.