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Which of the following statements is/are correct as per the Constitution of India ? 1. The Constitution (Eighty-sixth Amendment) Act has added the Right to Education to the chapter of Directive Principles of State Policy. 2. Right to Work and Right to Education are both, Fundamental Rights and Directive Principles of State Policy. Select the answer using the code given below :
Explanation
Statement 1 is incorrect because the Constitution (Eighty-sixth Amendment) Act, 2002, primarily added the Right to Education as a Fundamental Right under Article 21A, rather than adding it to the Directive Principles of State Policy (DPSP) [3]. While the amendment substituted the existing Article 45 (a DPSP), it actually narrowed its scope to early childhood care for children below six years, as the mandate for elementary education was shifted to the Fundamental Rights chapter [2]. Statement 2 is incorrect because while the Right to Education is both a Fundamental Right (Article 21A) and a DPSP (Article 45), the Right to Work is only a DPSP under Article 41. Article 41 directs the State to secure the right to work within its economic capacity, but it has not been elevated to a Fundamental Right. Therefore, neither statement is fully correct.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > NEW DIRECTIVE PRINCIPLES > p. 110
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > D I Right to Education > p. 90
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 179