Which Constitutional Amendment Act made the 'Right to education' as a Fundamental Right in India?

The correct answer is 86th Amendment.

Key Points

• The 86th Constitutional Amendment Act, 2002, made the Right to Education a Fundamental Right in India under Article 21A.
• This amendment mandates the State to provide free and compulsory education to all children aged 6 to 14 years.
• Article 21A was inserted into the Indian Constitution as part of this amendment, ensuring the right to education as a fundamental entitlement.
• The amendment also added Clause (k) to Article 51A, which made it a Fundamental Duty of parents/guardians to provide opportunities for education to their children aged 6–14 years.
• In 2009, the Parliament enacted the Right of Children to Free and Compulsory Education Act (RTE Act), operationalizing the provisions of Article 21A.

Additional Information

• Right to Education (RTE) Act, 2009:
  • The RTE Act ensures free and compulsory education to all children aged 6–14 in a neighborhood school.
  • It prescribes specific norms and standards for schools, including teacher qualifications, infrastructure, and pupil-teacher ratios.
  • It prohibits the practice of charging capitation fees, physical punishment, and mental harassment of children.
  • The Act also reserves 25% of seats in private schools for children from economically weaker sections.
• Article 21A:
  • Inserted through the 86th Amendment, Article 21A provides the constitutional guarantee of free and compulsory education as a fundamental right.
  • It emphasizes the State's obligation to provide education to children aged 6–14 years.
• Fundamental Duties Related to Education:
  • Clause (k) of Article 51A, added by the 86th Amendment, makes it the duty of parents/guardians to ensure education for their children in the 6–14 age group.
• Historical Significance:
  • The right to education was earlier part of the Directive Principles of State Policy under Article 45, which directed the State to provide free and compulsory education to all children up to the age of 14 years.
  • The 86th Amendment elevated this provision to the status of a Fundamental Right.