The Right to elementary education was made a Fundamental right under Article-2A through which of the following Constitutional Ame…

Question

The Right to elementary education was made a Fundamental right under Article-2A through which of the following Constitutional Amendment Acts?

1. A. 42nd Amendment Act
2. B. 44th Amendment Act
3. C. 86th Amendment Act (Correct answer)
4. D. 97th Amendment Act

Correct Answer

Option C — 86th Amendment Act

Detailed Solution & Explanation

The correct answer is 86th Amendment Act.

Key Points

• The 86th Constitutional Amendment Act, 2002, made elementary education a Fundamental Right by inserting Article 21A, which provides that the State shall provide free and compulsory education to all children of the age of six to fourteen years.
• The amendment made three linked changes:
  • Inserted Article 21A — the Right to Education as a Fundamental Right.
  • Substituted Article 45 — reoriented the Directive Principle towards early childhood care and education for children below six years.
  • Added Article 51A(k) — a new Fundamental Duty requiring every parent or guardian to provide opportunities for the education of their child between six and fourteen.

Additional Information

• The Right of Children to Free and Compulsory Education (RTE) Act, 2009, gave effect to Article 21A and came into force on 1 April 2010. It requires that 25% of seats in private unaided schools be reserved for children from disadvantaged groups, bars the detention or expulsion of any child up to Class VIII, and prohibits physical punishment and screening procedures at admission.
• The judicial background: in ***Mohini Jain v. State of Karnataka* (1992) and *Unni Krishnan v. State of Andhra Pradesh* (1993)** the Supreme Court held that the right to education flows from the right to life under Article 21. The 86th Amendment gave this a textual basis.
• The other amendments in the options:
  • 42nd Amendment (1976) — the "Mini-Constitution"; added the words *socialist*, *secular* and *integrity* to the Preamble, inserted Fundamental Duties (Part IV-A), and added Articles 48A and 43A.
  • 44th Amendment (1978) — undid several provisions of the 42nd Amendment; removed the right to property from the Fundamental Rights and made it a legal right under Article 300A.
  • 97th Amendment (2011) — gave constitutional status to co-operative societies, adding Part IX-B and Article 43B.