By which one of the following Constitutional Amendment Acts, was the Article 21A (Right to Education) inserted into the Constitution of India?
86th Amendment Act
Understanding the Right to Education in India
The question asks about the specific Constitutional Amendment Act that introduced Article 21A into the Constitution of India. This article is a cornerstone for the Right to Education in the country, making it a fundamental right.
Article 21A: Right to Education
Article 21A states that 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.
Before the insertion of Article 21A, the Right to Education was primarily addressed in the Directive Principles of State Policy under Article 45. Directive Principles are guidelines for the state but are not directly enforceable by courts, unlike Fundamental Rights.
Identifying the Relevant Constitutional Amendment Act
The move to make education a fundamental right required a change in the Constitution itself. Several amendments have been made to the Indian Constitution over the years, each addressing different aspects of governance and rights.
Let's consider the provided options and their significance:
- 83rd Amendment Act: This amendment is not primarily known for inserting Article 21A.
- 84th Amendment Act: This amendment (passed in 2001) dealt with the readjustment and rationalization of territorial constituencies after the 1991 census, and freezing the number of seats in the Lok Sabha and State Legislative Assemblies until the first census after 2026. It is not related to the Right to Education.
- 85th Amendment Act: This amendment (passed in 2001) dealt with the provision of consequential seniority by promotion to Scheduled Castes and Scheduled Tribes in government jobs. It is not related to the Right to Education.
- 86th Amendment Act: This amendment is specifically and famously associated with the Right to Education. Passed in 2002, this landmark amendment introduced Article 21A into the Constitution.
Impact of the 86th Constitutional Amendment Act, 2002
The 86th Amendment Act, 2002, made the following key changes:
- Inserted Article 21A, making the Right to Education a fundamental right for children aged 6-14 years.
- Substituted the old Article 45 (Directive Principle) with a new one, which directs the State to endeavor to provide early childhood care and education for all children until they complete the age of six years.
- Added a new fundamental duty under Article 51A (k), stating that it shall be the duty of every citizen of India 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.
Therefore, the 86th Constitutional Amendment Act is the correct answer as it directly inserted Article 21A, thereby making the Right to Education a fundamental right.
Revision Table: Key Amendments and Article 21A
This table summarizes the connection between the specific amendment and the Right to Education.
| Constitutional Amendment Act | Year | Key Provision Related to Education |
|---|---|---|
| 86th Amendment Act | 2002 | Inserted Article 21A (Right to Education as a Fundamental Right), amended Article 45, and added Article 51A(k). |
| 83rd Amendment Act | N/A (Not directly related to Article 21A insertion) | N/A |
| 84th Amendment Act | 2001 | Constituency Delimitation (Not related to Right to Education) |
| 85th Amendment Act | 2001 | Seniority for SC/ST Promotions (Not related to Right to Education) |
Additional Information on Right to Education Act
Following the 86th Amendment, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009. This Act provides the detailed framework and legal backing for implementing the provisions of Article 21A. It outlines the duties of governments, local authorities, and parents, and also specifies norms and standards for schools.
Understanding the 86th Amendment is crucial for comprehending the legal basis of the Right to Education in India.
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