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Question

Which Constitutional Amendment Act made the Right to Education a Fundamental Right in India?

This question was previously asked in
SSC Stenographer 2025 Question Paper (06-Aug-2025) Shift 2
The correct answer is
86th Amendment Act, 2002

Understanding the Right to Education Amendment

The question asks to identify the specific Constitutional Amendment Act that incorporated the Right to Education as a Fundamental Right in India. This amendment significantly changed the educational landscape by guaranteeing education as a basic right for all children.

Analyzing the Constitutional Amendments

Several amendments have modified the Indian Constitution. Let's look at the prominent ones mentioned in the options:

  • 42nd Amendment Act, 1976: Often called the 'Mini-Constitution', it introduced significant changes, including additions to the Directive Principles of State Policy, but did not make education a Fundamental Right.
  • 44th Amendment Act, 1978: This amendment focused on strengthening certain Fundamental Rights and removing others (like the Right to Property from the list of Fundamental Rights). It did not relate to the Right to Education.
  • 86th Amendment Act, 2002: This is the pivotal amendment concerning the Right to Education. It introduced Article 21A into the Constitution, making the right to elementary education a Fundamental Right. It also amended Article 45 and Article 51A.
  • 97th Amendment Act, 2011: This amendment primarily dealt with cooperatives and related issues, adding provisions for cooperative societies.

The 86th Amendment Act and Right to Education

The 86th Amendment Act, 2002, holds special significance for education in India. It amended the Constitution in the following key ways:

  • It inserted Article 21A, which states: "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 established the Right to Education as a Fundamental Right.
  • It modified Article 45, directing that the State should endeavor to provide early childhood care and free and compulsory education until a child completes the age of six years.
  • It amended Article 51A(k), making it the duty of parents to provide opportunities for education to their child or ward between the ages of six and fourteen years.

While the amendment was passed in 2002, the Right of Children to Free and Compulsory Education (RTE) Act, which provides the framework for implementing Article 21A, was enacted later in 2009 and came into effect on April 1, 2010.

Conclusion on the Amendment Act

Based on the analysis, the 86th Amendment Act, 2002, is the Constitutional Amendment Act that made the Right to Education a Fundamental Right in India.

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Similar Questions

  1. Which of the following Articles prohibits employment of children under 14 years of age in factories?
  2. Which part of the Indian Constitution is known as the "Magna Carta of India" and guarantees fundamental rights to the citizens?
  3. Arrange the following Fundamental Rights in the order they are listed in the Indian Constitution:
    1. Right to Constitutional Remedies
    2. Right to Freedom
    3. Right against Exploitation
    4. Right to Equality
  4. Which Article of the Indian Constitution gives equality before the law?
  5. Six rights guaranteed by Article 19 can be suspended on the grounds of:
    1. War
    2. External aggression
    3. Armed rebellion
    4. Internal disturbance

Important Questions from Fundamental Rights

  1. Which of the following are related to Right to Equality under the provisions of Articles 14 - 18 of the Constitution of India?

    1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

    2. Equality of opportunity in matters of public employment

    3. Educational and cultural rights to minorities

    4. Abolition of untouchability

    Select the correct answer using the code given below:

  2. Which of the following statements is correct?

    I. The Ninth Schedule was added to the Indian Constitution by the first amendment.

    II. The Supreme Court is the custodian of the fundamental rights of the Indian Constitution.

  3. Which of the following is not an instance of an exercise of a fundamental right?

  4. Which of the following fundamental rights is violated by the condition of a 13-year-old child working in a carpet manufacturing factory?

  5. Identify the incorrect pair of Right and the related Fundamental Right in the Indian Consitution:

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