Difference Between Article 45 and Article 21-A of Indian Constitution
✅ Article 45 vs Article 21-A of the Indian Constitution
🔹 1. Background & Context
Both Article 45 and Article 21-A deal with education, particularly elementary education for children in India. However, they differ in their legal enforceability, constitutional status, and scope.
🔹 2. Text of the Articles
📘 Article 45 (Directive Principle)
Originally (1950):
“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.”
Amended (2002) after insertion of Article 21-A:
“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”
📘 Article 21-A (Fundamental Right)
Inserted by the 86th Constitutional Amendment Act, 2002:
“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.”
🔹 3. Key Differences Between Article 45 and Article 21-A
| Feature | Article 45 | Article 21-A |
|---|---|---|
| Type of Provision | Directive Principle (Part IV) | Fundamental Right (Part III) |
| Nature | Non-justiciable (not legally enforceable) | Justiciable (legally enforceable by courts) |
| Original Focus | Free education up to age 14 | Not in original Constitution |
| Current Focus | Early childhood care and education (0–6 years) | Free and compulsory education (6–14 years) |
| Age Group Covered | Children below 6 years | Children between 6–14 years |
| Obligation on State | Directive — moral duty | Constitutional mandate — legal duty |
| Introduced / Amended by | Original Constitution; Amended by 86th Amendment | Inserted by 86th Amendment Act, 2002 |
| Enforceability in Court | No | Yes |
🔹 4. Historical Development
🔸 Pre-2002 (Before Article 21-A)
Article 45 was the sole educational directive.
It urged the state to provide free education up to age 14 within 10 years.
The goal was not fully achieved even after several decades.
🔸 Post-2002 (After 86th Amendment)
Due to failure to implement Article 45’s mandate, Article 21-A was inserted to make education a fundamental right.
Simultaneously, Article 45 was amended to focus on early childhood care and education (under 6 years).
🔹 5. Important Case Laws
🧾 1. Mohini Jain v. State of Karnataka (1992)
Held that the right to education is a fundamental right under Article 21.
The Court emphasized that the state is duty-bound to provide education to all.
🧾 2. Unni Krishnan v. State of Andhra Pradesh (1993)
The Court formalized the right to education as part of the Right to Life under Article 21.
It divided education rights into:
6–14 years: Fundamental right
Below 6 years and above 14: State’s obligation (not fundamental)
This case paved the way for the insertion of Article 21-A.
🧾 3. Pramati Educational & Cultural Trust v. Union of India (2014)
Upheld the constitutionality of Article 21-A and the Right to Education (RTE) Act, 2009.
Clarified that private unaided schools can be required to admit children under the RTE Act.
🔹 6. Right to Education Act, 2009 (Linked to Article 21-A)
Enacted to implement Article 21-A.
Provides:
Free and compulsory education for 6–14 years.
25% reservation in private schools for underprivileged children.
Ban on physical punishment, screening tests, and capitation fees.
🔹 7. Conclusion
Article 45 is a guiding principle, emphasizing the state’s role in early childhood education (0–6 years).
Article 21-A is a fundamental right, legally binding the state to provide free and compulsory education to children aged 6–14 years.
The 86th Amendment reflects India’s commitment to universal elementary education by converting a directive into an enforceable right.
Both articles together aim to create a strong educational foundation from early childhood to adolescence.
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