Previous Year Question

The 86th Constitutional Amendment Act, 2002, granted constitutional recognition to the Right to Education as a Fundamental Right. This amendment inserted Article 21A and modified Articles 45 and 51A of the Constitution.

Article 21A — Fundamental Right to Education

According to Article 21A, the State shall provide free and compulsory education to all children between 6 and 14 years of age.

Under this provision, elementary education was made a Fundamental Right. It is included in Part III of the Constitution.

Article 45 — Early Childhood Care and Education

The 86th Constitutional Amendment substituted Article 45. It provides that the State shall endeavour to provide early childhood care and education for all children below the age of 6 years.

This provision falls under the Directive Principles of State Policy.

Article 51A(k) — Fundamental Duty of Parents and Guardians

The same amendment inserted clause (k) into Article 51A. It establishes the Fundamental Duty of parents or guardians to provide opportunities for education to their children between 6 and 14 years of age.

Following this amendment, the number of Fundamental Duties increased from 10 to 11.

Right to Education Act, 2009

The Right of Children to Free and Compulsory Education Act, 2009, was enacted to implement the constitutional right. Both this Act and Article 21A came into effect on 1 April 2010.

Thus, 2002 is the year of the constitutional amendment, whereas 2010 is the year of its effective implementation.