Question

Under which Constitutional Amendment has, education for children between age from 6 to 14 years, become Fundamental Right?
1. 52^nd Constitutional Amendment
2. 73^rd Constitutional Amendment
3. 42^nd Constitutional Amendment
4. 86^th Constitutional Amendment

Answer 1

Correct Answer - Option 4 : 86^th Constitutional Amendment

The correct answer is 86th Constitution Amendment.

• WHAT IS THE 86TH AMENDMENT?
  • ​Spurred by the Unnikrishnan judgment and a public demand to enforce the right to education, successive governments from 1993 worked towards bringing a constitutional amendment to make education a fundamental right.
  • That led to the 86th amendment in December 2002 which inserted the following articles in the Constitution:​
    • Insertion of new article 21A - After article 21 of the Constitution, the following article shall be inserted, namely:-
      Right to education.-
      "21A. 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."
    • Substitution of new article for article 45 - For article 45 of the Constitution, the following article shall be substituted, namely:-.
      "Provision for early childhood care and education to children below the age of six years."
       "45. The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years."
    • Amendment of article 51A - In article 51A of the Constitution, after clause (J), the following clause shall be added, namely:-
       "(k) 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."
  • Right to Education Act, 2009
    • ​Every child between the ages of 6 to 14 years has the right to free and compulsory education.
    • This is stated as per the 86th Constitution Amendment Act via Article 21A.
    • The Right to Education Act seeks to give effect to this amendment.
    • The government schools shall provide free education to all the children and the schools will be managed by School Management Committees (SMC).
    • Private schools shall admit at least 25% of the children in their schools without any fee.
    • The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.