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Home/ Questions/Q 18023
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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: February 24, 20242024-02-24T10:43:27+05:30 2024-02-24T10:43:27+05:30In: Education

What are the various educational provisions included in the Constitution of India. Explain 86th amendment of constitution of India.

What are the various clauses in the Indian Constitution pertaining to education?
Describe the 86th Amendment to the Indian Constitution.

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    1. Himanshu Kulshreshtha Elite Author
      2024-02-24T10:45:20+05:30Added an answer on February 24, 2024 at 10:45 am

      The Constitution of India enshrines several provisions related to education, emphasizing the importance of providing accessible and quality education for all. One notable amendment addressing educational provisions is the 86th Amendment Act of 2002.

      Various Educational Provisions in the Constitution of India:

      1. Right to Education (Article 21-A):

        • The Constitution, through the 86th Amendment, introduced Article 21-A, making education a fundamental right for children aged 6 to 14 years. It mandates the state to provide free and compulsory education to ensure that every child has the opportunity for holistic development.
      2. Directive Principles of State Policy (Article 45):

        • Article 45 directs the state to endeavor to provide free and compulsory education for children until they complete the age of 14 years. While initially a directive principle, it laid the foundation for the later inclusion of the right to education as a fundamental right.
      3. Right to Equality (Article 15):

        • Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This provision ensures that educational institutions do not discriminate in admission or access to benefits on these grounds.
      4. Right to Minorities to Establish Educational Institutions (Article 30):

        • Article 30 grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. It ensures that minorities can preserve and promote their culture and language through education.
      5. Scheduled Castes and Scheduled Tribes (Article 46):

        • Article 46 directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. It emphasizes the need to protect these communities from social injustice and exploitation.
      6. Concurrent List (Seventh Schedule):

        • Education is a subject in the Concurrent List, allowing both the central and state governments to legislate on it. This dual responsibility enables a collaborative approach to address educational needs effectively.
      7. Educational Institutions for Minorities (Article 29):

        • Article 29 ensures that minorities have the right to conserve their distinct language, script, or culture. This provision extends to educational institutions, emphasizing the protection of minority rights in the context of education.

      86th Amendment of the Constitution of India:

      The 86th Amendment Act of 2002 brought a significant change to the Constitution by inserting Article 21-A, making the right to education a fundamental right for children in the age group of 6 to 14 years. The amendment aimed to address the gaps in the educational system and promote universal access to quality education.

      Key Features of the 86th Amendment:

      1. Fundamental Right to Education (Article 21-A):

        • The amendment added Article 21-A, which declares that the state shall provide free and compulsory education to all children in the specified age group. It emphasizes the importance of education for the overall development of children.
      2. Responsibility of the State:

        • Article 21-A places the responsibility on the state to ensure that all children receive free and compulsory education. The state is mandated to provide the necessary infrastructure, facilities, and trained teachers to achieve this objective.
      3. Prohibition of Discrimination:

        • The amendment prohibits discrimination in admission and ensures that children from disadvantaged groups and weaker sections have equal access to education.
      4. Parental Responsibilities:

        • Article 21-A recognizes the role of parents and guardians in providing opportunities for education to their children. It highlights the collaborative responsibility of parents and the state in ensuring a child's right to education.
      5. Enforceable Right:

        • The right to education under Article 21-A is enforceable in courts. Citizens can approach the judiciary if there is a violation of this fundamental right, adding a legal dimension to the guarantee of free and compulsory education.

      The 86th Amendment aimed to bridge gaps in the education system, particularly concerning access and quality, and to promote the vision of an inclusive and equitable educational environment in India. By making education a fundamental right, the amendment underscored the constitutional commitment to fostering a society where every child has the opportunity to receive a quality education.

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