Article 21A deals with Right to education
Q. Which of the following is/are true regarding right to education?
1) Article 21 deals with right to education.
2) 86th Constitutional Amendment Act, 2002 changed article 45.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.
- This provision makes only elementary education a Fundamental Right and not higher or professional education.
- This was added by the 86th Constitutional Amendment Act of 2002.
- Even before this, the Constitution had a provision for free and compulsory education for children under Article 45 in Part IV.
- But being a directive principle, it was not enforceable by the courts.
- Now, there is scope for judicial intervention in this regard.
- It also changed subject matter of Article 45 which now reads - ‘The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.’
- It also added a new fundamental duty under Article 51A that reads - ‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.
- In 1993 itself, the Supreme Court recognized a Fundamental Right to primary education in the right to life under Article 21.
- It held that every child or citizen of this country has a right to free education until he completes the age of 14 years.
- After that, his right to education is subject to the limits of economic capacity and development of the state.
- Thus, the Court overruled its earlier judgement (1992) which declared that there was a fundamental right to education up to any level including professional education like medicine and engineering.
- In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
- This Act says that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
- The 86th Constitutional Amendment Act, 2002 and the Right of Children to Free and Compulsory Education Act, 2009 have come into force w.e.f. 1 April 2010.
