Which of the following is/are true regarding right to education?

1) Article 21 deals with right to education.

2) 86th Constitutional Amendment Act, 2002 changed article 45.

a. Only 1

b. Only 2

c. Both 1 and 2

d. Neither 1 nor 2

ANSWER: Only 2

Explanation:

Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.

This provision makes only elementary education a Fundamental Right and not higher or professional education.

This was added by the 86th Constitutional Amendment Act of 2002.

Even before this, the Constitution had a provision for free and compulsory education for children under Article 45 in Part IV.

But being a directive principle, it was not enforceable by the courts.

Now, there is scope for judicial intervention in this regard.

It also changed subject matter of Article 45 which now reads - ‘The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.’

It also added a new fundamental duty under Article 51A that reads - ‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.

In 1993 itself, the Supreme Court recognized a Fundamental Right to primary education in the right to life under Article 21.

It held that every child or citizen of this country has a right to free education until he completes the age of 14 years.

After that, his right to education is subject to the limits of economic capacity and development of the state.

Thus, the Court overruled its earlier judgement (1992) which declared that there was a fundamental right to education up to any level including professional education like medicine and engineering.

In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

This Act says that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

The 86th Constitutional Amendment Act, 2002 and the Right of Children to Free and Compulsory Education Act, 2009 have come into force w.e.f. 1 April 2010.