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Question

Which of the following Articles of the Constitution of India lays down that education of children aged 6 - 14 years is a Fundamental Right ?

The correct answer is

Article 21 (A)

Understanding the Right to Education in the Indian Constitution

The question asks which Article of the Indian Constitution establishes education for children aged 6 to 14 years as a Fundamental Right. This is a very important aspect of the Right to Education in India.

Examining the Options and the Correct Article

Let's look at the provided options and see which one correctly identifies the article related to the Right to Education as a Fundamental Right.

  • Article 45: Originally, this article, part of the Directive Principles of State Policy, mandated the State to endeavor to provide free and compulsory education for all children until they complete the age of fourteen years. However, after the insertion of Article 21A, the focus of Article 45 shifted slightly to cover early childhood care and education for children below the age of six years. So, while related to education, it is not the article that lays down education as a Fundamental Right.
  • Article 42: This article is also part of the Directive Principles of State Policy. It relates to provision for just and humane conditions of work and maternity relief. It has no direct connection to the Right to Education for children.
  • Article 21 (A): This article was inserted into the Indian Constitution by the 86th Constitutional Amendment Act, 2002. It explicitly 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. This makes education a justiciable Fundamental Right.
  • Article 51(B): The Indian Constitution contains Article 51A, which lists the Fundamental Duties. Article 51A(k) imposes a duty on every 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. There is no article numbered 51(B) in the Fundamental Duties part or anywhere else relevant to this context.

Based on the analysis, Article 21A is the specific article that guarantees the Right to Education as a Fundamental Right for children between the ages of 6 and 14 years. This was a significant step in strengthening the legal basis for education in India.

Key Takeaway: Article 21A and the Fundamental Right to Education

The insertion of Article 21A into the Indian Constitution signifies the elevation of the Right to Education from a Directive Principle to a legally enforceable Fundamental Right. This means that the State is constitutionally obligated to provide education to children aged 6-14 years.

Therefore, the article that lays down education of children aged 6 - 14 years as a Fundamental Right is Article 21 (A).

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Important Questions from Right to Education (RTE) Act, 2009

  1. Which Constitutional Amendment introduced the compulsory education to children between the age group of 6 to 14?
  2. Which of the following sections of the Right to Education Act, 2009 provides for the duties of teachers and redressal of grievances?

  3. RTE Act was implemented in India with effect from

  4. According to the Right to Education Act 2009, which of the following is correct?

    I. Schools may charge capitation fees.

    II. Schools can use the screening process for admission.

  5. Which of the following is true for number of teachers for classes sixth to eight?

    I. Atleast one teacher for every thirty-five children.

    II. If admission is above 100, then a full-time head teacher is required.

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