86th Constitutional Amendment 2002 Right to Education | Kerala PSC Graduate

The 86th Constitutional Amendment Act, 2002, is a pivotal topic in Indian Polity, particularly for Kerala PSC aspirants, as it introduced the Right to Education (RTE) as a fundamental right. This amendment holds significant weight in PSC exams, often appearing in questions related to constitutional amendments, fundamental rights, and education policy. Understanding its provisions, background, and implications is crucial for aspirants aiming to excel in the Kerala PSC examinations.

Background and Context

Year	Event
1976	The 42nd Constitutional Amendment added Article 45, which stated that the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
1992	The Supreme Court in Unni Krishnan v. State of Andhra Pradesh held that the right to education is a part of the right to life under Article 21.
2002	The 86th Constitutional Amendment Act was enacted, making education a fundamental right for children aged 6 to 14 years.

Key Provisions of the 86th Amendment

• Article 21A: Inserted by the 86th Amendment, it states, “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, by law, determine.”
• Part III: The amendment added the right to education under Part III of the Constitution, which deals with Fundamental Rights.
• Article 51A(k): A new clause was added to the Fundamental Duties, stating that it shall be the duty of every citizen of India to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Supreme Court Judgments Related to RTE

• Unni Krishnan v. State of Andhra Pradesh (1992): The Supreme Court held that the right to education is implicit in the right to life under Article 21.
• M.C. Mehta v. State of Tamil Nadu (1997): The Court directed the State to ensure that no child below the age of 14 years is employed in hazardous industries.
• Mohini Jain v. State of Karnataka (1992): The Court ruled that the right to education is a fundamental right under Article 21.

Implementation and Related Legislation

• Right of Children to Free and Compulsory Education (RTE) Act, 2009: Enacted to implement Article 21A, this Act mandates free and compulsory education for children aged 6 to 14 years.
• Section 3: Specifies that every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till the completion of elementary education.
• Section 12(1)(c): Mandates that private schools reserve 25% of seats for disadvantaged children.

Constitutional Amendments Affecting Education

Amendment	Year	Key Change
42nd	1976	Added Article 45 under Directive Principles of State Policy, emphasizing early childhood care and education.
86th	2002	Inserted Article 21A, making education a fundamental right for children aged 6 to 14 years.
93rd	2005	Added Article 15(5), enabling the state to make special provisions for the advancement of socially and educationally backward classes.

Challenges and Criticisms

• Infrastructure Gaps: Despite the RTE Act, many schools lack adequate infrastructure, including classrooms, toilets, and drinking water facilities.
• Teacher Shortages: There is a significant shortage of trained teachers, particularly in rural and remote areas.
• Quality of Education: The focus on enrollment has sometimes come at the expense of learning outcomes, with many students lacking basic literacy and numeracy skills.
• Implementation Issues: The 25% reservation for disadvantaged children in private schools has faced resistance and uneven implementation across states.

Quick Recap for PSC

• The 86th Constitutional Amendment Act, 2002, inserted Article 21A, making education a fundamental right for children aged 6 to 14 years.
• Article 45, added by the 42nd Amendment in 1976, emphasized early childhood care and education under the Directive Principles.
• The RTE Act, 2009, mandates free and compulsory education and reserves 25% of seats in private schools for disadvantaged children under Section 12(1)(c).
• The Supreme Court in Unni Krishnan v. State of Andhra Pradesh (1992) held that the right to education is part of the right to life under Article 21.
• Article 51A(k) added by the 86th Amendment makes it a fundamental duty of parents to provide education to children aged 6 to 14 years.
• The 93rd Amendment, 2005, added Article 15(5), enabling special provisions for educationally backward classes.
• The RTE Act is implemented under Part III of the Constitution, which deals with Fundamental Rights.
• Key challenges in RTE implementation include infrastructure gaps, teacher shortages, and uneven quality of education.
• The Kothari Commission Report (1966) recommended the universalization of education, laying the groundwork for future policies.
• The 86th Amendment also amended Article 51A to include the duty of citizens to provide education to their children.