Article 45 of the Indian Constitution: Early Childhood Care and Education

Article 45 of the Indian Constitution falls under Directive Principles of State Policy (DPSP) and deals with providing free and compulsory education for children. It originally aimed at ensuring free education for children up to 14 years of age but was later modified to focus on early childhood care and education.

1. Original Text of Article 45 (Before 86th Amendment, 2002)

"The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years."

🔹 Objective: The government was expected to provide free and compulsory education to children up to 14 years within ten years of the Constitution’s adoption (by 1960).
🔹 Issue: This goal was not achieved within the timeframe due to financial and administrative constraints.

2. Amendment and Current Provision of Article 45

After the 86th Constitutional Amendment Act, 2002, Article 45 was revised to:

"The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years."

🔹 New Focus: The amendment shifted the emphasis from general education to early childhood care and education (for children aged 0-6 years).
🔹 Reason for Change:
✔ Free education up to 14 years became a fundamental right under Article 21A.
✔ Article 45 was modified to ensure that children receive pre-primary education and care.

3. Relation Between Article 21A, Article 45, and Article 51A(k)

✔ Article 21A (Inserted by the 86th Amendment) – Makes free and compulsory education for children (6-14 years) a Fundamental Right.
✔ Article 45 – Focuses on early childhood care and education (0-6 years).
✔ Article 51A(k) – Makes it the duty of parents/guardians to provide education to children aged 6-14 years.

Thus, Article 45 works alongside Article 21A to ensure complete childhood education from birth to 14 years.

4. Government Programs for Implementing Article 45

(a) Integrated Child Development Services (ICDS) Scheme (1975)

✔ Provides nutrition, preschool education, and health services to children aged 0-6 years.
✔ Implemented through Anganwadi centers.

(b) National Education Policy (NEP) 2020

✔ Focuses on universalizing Early Childhood Care and Education (ECCE).
✔ Proposes foundational learning from age 3.
✔ Introduces a 5+3+3+4 school structure (includes 3 years of preschool).

(c) Mid-Day Meal Scheme

✔ Ensures nutrition for school children, improving attendance and learning.

(d) Right to Education (RTE) Act, 2009

✔ Enforces free and compulsory education for children aged 6-14 years (in line with Article 21A).

5. Challenges in Implementing Article 45

🔴 Lack of Proper Infrastructure – Many Anganwadi centers lack resources for early education.
🔴 Low Awareness – Parents, especially in rural areas, do not prioritize early childhood education.
🔴 Teacher Shortage – Lack of trained preschool teachers.
🔴 Financial Constraints – Government funding for early childhood education is insufficient.

6. Conclusion

✔ Article 45 plays a crucial role in ensuring children receive early education and care.
✔ The 86th Amendment shifted its focus to preschool education, making education for ages 6-14 a Fundamental Right (Article 21A).
✔ Government policies like ICDS, NEP 2020, and RTE Act are working to implement these goals.
✔ Challenges remain, but with better policies and awareness, India can improve early childhood education significantly.