The 86th Amendment Act, 2002

The Eighty-Sixth Amendment Act, 2002, is a milestone in India's constitutional journey, particularly in the realm of education. This amendment made fr

Eighty-Sixth Amendment Act, 2002

The Eighty-Sixth Amendment Act, 2002, is a milestone in India's constitutional journey, particularly in the realm of education. This amendment made free and compulsory education for children between the ages of 6 and 14 a fundamental right under the Indian Constitution. It reinforced the nation’s commitment to achieving universal education and eradicating illiteracy.

Key Provisions of the Eighty-Sixth Amendment

The Eighty-Sixth Amendment Act, 2002 introduced critical changes to the Indian Constitution to strengthen the education system and make education a fundamental right for children. Below are the key provisions of this amendment:

1. Introduction of Article 21A

• A new Article, 21A, was added to Part III of the Constitution, making education a fundamental right.
• Provision:
  • The State shall provide free and compulsory education to all children aged 6 to 14 years in a manner determined by law.
• Significance:
  • This ensured that the government is constitutionally bound to provide access to education for children within this age group.

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2. Amendment to Article 45

• Article 45, a Directive Principle of State Policy, was substituted to focus on early childhood care:
  • Provision:
    • The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
• Significance:
  • This highlighted the importance of pre-primary education and laid the foundation for better learning outcomes in formal education.

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3. Addition of Clause (k) to Article 51A

• A new fundamental duty was added to Article 51A under Part IVA of the Constitution:
  • Provision:
    • It is the duty of every citizen who is a parent or guardian to provide opportunities for education to their child or ward aged 6 to 14 years.
• Significance:
  • This clause places responsibility on parents and guardians, ensuring they actively support the educational rights of their children.

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4. Role of the State

• The amendment emphasizes that it is the State's responsibility to:
  • Build and maintain adequate infrastructure for schools.
  • Train teachers and ensure that schools meet quality education standards.
  • Provide special provisions for disadvantaged groups to make education inclusive.

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5. Alignment with the Right to Education Act (RTE), 2009

• To implement Article 21A, the Right to Education (RTE) Act, 2009 was enacted.
  • The Act specifies how education will be made free and compulsory.
  • It sets standards for:
    • Infrastructure in schools.
    • Teacher qualifications and training.
    • Reservation of 25% of seats in private schools for economically weaker sections (EWS).

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Impact of the Provisions

• The provisions introduced by the Eighty-Sixth Amendment ensured a legal framework for universal education, paving the way for reducing illiteracy rates, improving school enrollment, and promoting equity in education.

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Significance

The Eighty-Sixth Amendment reflects India’s commitment to achieving its constitutional goals of social justice and economic empowerment through education. It recognizes education as the key to unlocking opportunities, fostering equality, and building a progressive nation.

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Objectives of the Eighty-Sixth Amendment

1. Universal Access to Education:
   • Ensure that every child aged 6 to 14 has access to free and compulsory education.
2. Equality in Education:
   • Bridge the gap between children from privileged and underprivileged backgrounds.
3. Early Childhood Care:
   • Highlight the importance of education for children under six years of age.
4. Shared Responsibility:
   • Encourage a combined effort from the State, society, and parents in achieving educational goals.

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Impact of the Eighty-Sixth Amendment

1. Right to Education Act, 2009

• To operationalize Article 21A, the government enacted the Right of Children to Free and Compulsory Education Act (RTE), 2009.
• This Act:
  • Mandates free and compulsory education in government schools.
  • Requires private schools to reserve 25% of seats for economically weaker sections (EWS).
  • Sets norms for teacher-student ratios, school infrastructure, and quality of education.

2. Focus on Literacy and School Enrollment

• The amendment led to a significant increase in school enrollment, especially among girls and marginalized communities.
• It strengthened the government's ability to address challenges such as dropout rates and child labor.

3. Role of Early Childhood Care

• By emphasizing pre-primary education under Article 45, the amendment laid the foundation for improving learning outcomes and cognitive development in children.

4. Accountability of Parents

• The inclusion of education as a fundamental duty under Article 51A ensures that parents actively participate in their children’s educational journey.

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Challenges in Implementation

Despite its ambitious goals, the amendment faced several challenges, such as:

1. Infrastructure Gaps:
   • Many schools lack basic facilities, including toilets, libraries, and playgrounds.
2. Quality of Education:
   • Issues like untrained teachers and rote learning methods affect the quality of education.
3. Dropout Rates:
   • Socio-economic factors and lack of parental awareness lead to children dropping out of schools.
4. Financial Constraints:
   • Limited budget allocation for education hampers the effective implementation of the amendment.

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Significance of the Eighty-Sixth Amendment

The Eighty-Sixth Amendment is a testament to India's commitment to education as a means of empowering individuals and building a stronger nation. By making education a fundamental right, it ensures that no child is left behind in accessing opportunities for growth and development.

It serves as a cornerstone for achieving the broader objectives of:

• Social equality
• Economic empowerment
• Nation-building

This amendment continues to play a vital role in transforming the educational landscape of India, paving the way for an enlightened and progressive society.