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The Right to Education was added to the Fundamental Rights in the Constitution of India through the :
Explanation
The Right to Education was formally added to the Fundamental Rights of the Indian Constitution through the Constitution (86th Amendment) Act, 2002 [2]. This amendment inserted Article 21A, which mandates that the State shall provide free and compulsory education to all children between the ages of six and fourteen years [4]. While the Supreme Court had previously linked education to the Right to Life under Article 21 in cases like Unni Krishnan (1993), the 86th Amendment provided the specific constitutional provision for it. The amendment also modified Article 45 (Directive Principles) and added a new Fundamental Duty under Article 51A(k) for parents and guardians. Although the amendment was passed in 2002, Article 21A and the subsequent Right of Children to Free and Compulsory Education (RTE) Act, 2009, came into effect on April 1, 2010 [4].
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 133
- [2] Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 6: The Parliamentary System: Legislature and Executive > 2) Lawmaking > p. 146
- [4] https://www.pib.gov.in/newsite/erelcontent.aspx?relid=45901