Question map
Which one of the following is a Human Right as well as a Fundamental Right under the Constitution of India ?
Explanation
The Right to Education is recognized as both a Human Right and a Fundamental Right in India. Internationally, it is a basic human right indispensable for the right to development [1]. Domestically, the 86th Constitutional Amendment Act of 2002 inserted Article 21A, which mandates the State to provide free and compulsory education to all children aged six to fourteen [2]. This amendment elevated the right to education to the status of a Fundamental Right [3]. While the Right to Information is derived from Article 19(1)(a) and the Right to Work is primarily a Directive Principle under Article 41, only the Right to Education is explicitly enumerated as a standalone Fundamental Right under Article 21A [4]. Consequently, it fulfills the dual criteria of being a globally recognized human right and a specific Part III fundamental right in the Indian Constitution.
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. 134
- [2] 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
- [3] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > 5.4 EXPANDING SCOPE OF RIGHTS > p. 87
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > CHAPTER 8 Fundamental Rights > p. 74