Under which Constitutional Amendment did education for children between the…
2016
Under which Constitutional Amendment did education for children between the ages of 6 and 14 years become a Fundamental Right?
- A.
52nd Constitutional Amendment
- B.
73rd Constitutional Amendment
- C.
42nd Constitutional Amendment
- D.
86th Constitutional Amendment
Show answer & explanation
Correct answer: D
Fundamental Rights are guaranteed in Part III of the Constitution, and Parliament can create a new Fundamental Right by inserting a new Article into Part III through a Constitutional Amendment Act.
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A into Part III, expressly making free and compulsory education for all children between the ages of 6 and 14 years a Fundamental Right. This led to the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
42nd Constitutional Amendment (1976): shifted "Education" from the State List to the Concurrent List and added the Fundamental Duties; it did not insert an express right to education into Part III.
73rd Constitutional Amendment (1992): gave constitutional status to Panchayati Raj institutions under Part IX; unrelated to education as a right.
52nd Constitutional Amendment (1985): introduced the anti-defection law via the Tenth Schedule; unrelated to education.
Only the 86th Constitutional Amendment expressly inserted the Fundamental Right to Education for the 6-14 age group into Part III, through Article 21-A.