Which amendment of the constitution emphasized the right to education?
2021
Which amendment of the constitution emphasized the right to education?
- A.
52nd
- B.
86th
- C.
68th
- D.
22nd
Show answer & explanation
Correct answer: B
A constitutional amendment under Article 368 can insert, modify, or repeal any part of the Constitution. A right becomes a Fundamental Right, directly enforceable through the Supreme Court or High Courts under Articles 32 and 226, only once it is placed inside Part III of the Constitution; a similar right placed in Part IV, the Directive Principles of State Policy, is not judicially enforceable in the same way.
The 86th Constitutional Amendment Act, 2002 inserted Article 21-A into Part III of the Constitution, making free and compulsory education a Fundamental Right for all children aged six to fourteen years. The same Amendment Act also reworded Article 45 in Part IV to direct the State to provide early childhood care and education for children below the age of six, and inserted Article 51-A(k) in Part IVA, making it a Fundamental Duty of parents or guardians to provide opportunities for education to their child or ward between the ages of six and fourteen. Parliament later gave practical effect to Article 21-A through the Right of Children to Free and Compulsory Education Act, 2009.
52nd Amendment, 1985: inserted the Tenth Schedule, which lays down the grounds and procedure for disqualifying a Member of Parliament or a State Legislature on the ground of defection; it does not touch Part III or education.
68th Amendment, 1991: amended Article 356 to extend the maximum permissible duration of the President's Rule Proclamation in Punjab (in force there since 1987) from three years to five years; a procedural extension unrelated to any fundamental right or education.
22nd Amendment, 1969: inserted Article 244A, empowering Parliament to constitute an autonomous state out of certain tribal areas of Assam, which led to the formation of Meghalaya; a state-reorganisation provision unrelated to education.
Hence, among the amendments listed, only the 86th Constitutional Amendment Act, 2002 concerns the right to education.