The 86th Constitutional Amendment
📘 86th Constitutional Amendment Act, 2002
✅ Background and Context
Before the 86th Amendment, the Right to Education was not a Fundamental Right under the Constitution of India. It was only a Directive Principle of State Policy under Article 45, which directed the state to provide free and compulsory education for children up to the age of 14 years.
However, due to rising illiteracy, school dropouts, and poor access to education for underprivileged children, the need was felt to make elementary education a Fundamental Right so that it could be legally enforced.
This led to the passing of the 86th Constitutional Amendment Act, 2002, which inserted a new Fundamental Right under Part III of the Constitution.
✅ Key Features of the 86th Constitutional Amendment
The Amendment made three significant changes to the Constitution:
1. 🔹 Insertion of Article 21A – Right to Education
A new Article 21A was inserted after Article 21.
It reads:
“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 makes education a Fundamental Right for all children between 6 and 14 years of age.
The State is legally obligated to ensure education is provided.
2. 🔹 Modification of Article 45 – Directive Principle
The old Article 45, which said the State shall endeavor to provide free and compulsory education for all children up to the age of 14 years, was amended.
The new Article 45 says:
“The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.”
This change shifted focus to pre-primary education (ages 0–6), complementing Article 21A (ages 6–14).
3. 🔹 Amendment to Article 51A – Fundamental Duties
A new clause (k) was added to Article 51A, which imposes a duty on parents or guardians:
“It shall be the duty of every citizen 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.”
This creates a shared responsibility — the State must provide education, and the parent must ensure the child attends.
✅ Objective of the Amendment
To fulfill the national and international obligation (such as under the UN Convention on the Rights of the Child).
To reduce child labor, illiteracy, and school dropouts.
To empower the marginalized and underprivileged by ensuring access to free and compulsory education.
To promote human development and prepare the next generation for civic responsibility.
✅ Key Developments Post-Amendment
To give effect to Article 21A, the Right of Children to Free and Compulsory Education Act, 2009 (commonly known as the RTE Act) was enacted.
The RTE Act provides the legal framework for implementation of Article 21A.
It includes:
No child shall be held back, expelled, or required to pass a board exam until completion of elementary education.
Compulsory admission for all children.
Reservation of 25% seats in private unaided schools for disadvantaged children.
✅ Important Case Law
🔹 Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)
Before the 86th Amendment, the Supreme Court in this case interpreted the Right to Education as part of Article 21 (Right to Life).
The Court held that the Right to Education is a fundamental right up to the age of 14, forming an integral part of the right to life and human dignity.
Impact: This judgment laid the foundation for the 86th Amendment.
🔹 Society for Unaided Private Schools of Rajasthan v. Union of India (2012)
The validity of the RTE Act, which was enacted following the 86th Amendment, was challenged.
The Supreme Court upheld the constitutional validity of the RTE Act, including the 25% reservation in private unaided schools.
The Court held that Article 21A is enforceable against both the State and private educational institutions (excluding minority institutions protected under Article 30).
✅ Significance of the Amendment
Historic shift: For the first time, education became a legally enforceable right for children in India.
Enhanced accountability of the State.
Established child-centric educational policies.
Helped bridge the gap between different social classes through inclusive education.
Recognized education as essential for democracy, empowerment, and equality.
✅ Limitations and Challenges
The Right to Education is limited to ages 6–14; education for children below 6 and above 14 is not yet a fundamental right.
Implementation challenges include:
Lack of infrastructure in schools
Teacher shortages
Inadequate training
Poor monitoring
Financial and administrative capacity of States varies widely.
✅ Summary Table
| Aspect | Details |
|---|---|
| Amendment | 86th Constitutional Amendment Act, 2002 |
| New Fundamental Right | Article 21A – Free and compulsory education (6–14 years) |
| Modified Directive Principle | Article 45 – Focus on early childhood education (0–6 years) |
| New Fundamental Duty | Article 51A(k) – Duty of parents to educate their children |
| Key Case Law | Unni Krishnan (1993), Society for Unaided Private Schools (2012) |
| Implementing Law | Right to Education (RTE) Act, 2009 |
| Significance | Legal recognition of education as a basic right |
✅ Conclusion
The 86th Constitutional Amendment is a landmark step in India’s journey toward educational equity and social justice. By making education a Fundamental Right, the Constitution recognizes that education is not a privilege, but a necessity for every child. While implementation remains a challenge, the amendment provides a powerful tool to demand accountability and inclusion in India's educational system.
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