Article 45 (concerning child education) was modified by which of the following Constitutional Amendment Acts? 

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  1. 73rd Amendment
  2. 44th Amendment 
  3. 42nd Amendment
  4. 86th Amendment 

Answer (Detailed Solution Below)

Option 4 : 86th Amendment 
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The correct answer is 86th Amendment.

Key Points

  • The 86th Amendment Act of 2002 altered Article 45 which pertains to the provision of early childhood care and education.
  • This amendment made elementary education a fundamental right under Article 21A.
  • The amendment mandates the State to provide free and compulsory education to all children of the age six to fourteen years.
  • It emphasizes the importance of early childhood care and education for children below the age of six years.
  • The amendment has been instrumental in the formulation and implementation of the Right to Education Act (RTE), 2009.

Additional Information

  • Constitution (Eighty-sixth Amendment) Act, 2002
    • This act inserted Article 21A in the Constitution of India, making education a fundamental right.
    • It also added a new clause (k) under Article 51A, imposing a duty on parents or guardians to provide opportunities for education to their children between six and fourteen years.
    • Article 45 was substituted to provide for early childhood care and education for all children until they complete the age of six years.
    • The amendment emphasizes the State's role in ensuring the provision of educational facilities.
  • Right to Education Act (RTE), 2009
    • This act was enacted to operationalize the provisions of Article 21A.
    • It ensures free and compulsory education for children between the ages of 6 and 14 years in India.
    • The act mandates that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education.
    • It also prescribes norms and standards for schools, including pupil-teacher ratios, buildings, and working days.
  • Fundamental Rights
    • Fundamental rights are the basic human rights guaranteed by the Constitution of India to all its citizens.
    • They are enforceable by the courts, subject to specific restrictions.
    • They include rights such as the right to equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
  • Directive Principles of State Policy
    • These principles, enshrined in Part IV of the Constitution, are guidelines for the framing of laws by the government.
    • They are not enforceable by any court but are considered fundamental in the governance of the country.
    • The principles aim to create social and economic conditions under which citizens can lead a good life.
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