Through which Constitutional Amendment was Article 21A introduced, mandating free and compulsory education as a Fundamental Right for children between 6 and 14 years of age?
- (a)42nd Amendment Act
- (b)86th Amendment Act
- (c)93rd Amendment Act
- (d)44th Amendment Act
Answer
Why
Correct — B. The Constitution (86th Amendment) Act, 2002 inserted Article 21A: the State shall provide free and compulsory education to all children aged six to fourteen, in the manner it determines by law.
The same Act rewrote Article 45 to cover early childhood care and education below six, and added Article 51A(k), a duty on parents and guardians. That is option (b).
Why the others are wrong
- (a)42nd Amendment Act — The 42nd Amendment (1976) touched education differently: it moved the subject from the State List to the Concurrent List. It also added the Fundamental Duties, but no right to education.
- (c)93rd Amendment Act — The 93rd Amendment (2005) inserted Article 15(5), letting the State make special provisions for backward classes, SCs and STs in admissions, private unaided institutions included. It enables reservation, not a right to education.
- (d)44th Amendment Act — The 44th Amendment (1978) is known for turning the right to property from a Fundamental Right into a legal right. It did not create Article 21A.
Concept
Article 21A made elementary education a Fundamental Right, enforceable like the other rights in Part III.
Before 2002, free and compulsory education up to fourteen was a Directive Principle in Article 45, which courts cannot enforce.
The right is delivered through the Right of Children to Free and Compulsory Education Act, 2009, the law Article 21A calls for.
Two distractors also touched education. The 42nd Amendment moved the subject to the Concurrent List, and the 93rd enabled reservation in admissions.
The 86th is the one that created a right.
Key facts
- The Constitution (86th Amendment) Act, 2002 inserted Article 21A: free and compulsory education for all children aged 6 to 14.
- The same Act substituted Article 45 and added Article 51A(k), the duty of parents or guardians to provide educational opportunities to children aged 6 to 14.
- The RTE Act, 2009 is the law made under Article 21A. Both came into force on 1 April 2010.
- The 42nd Amendment, 1976 moved education from the State List to the Concurrent List.
Study next
Common traps
- Choosing the 42nd Amendment because it moved education to the Concurrent List, when that changed who legislates, not whose right it is.
- Choosing the 93rd Amendment because it concerns educational institutions, when it only enables reservation in admissions.
Here an Article is matched to the Amendment that inserted it.
The same amendment numbers, 42nd, 44th and 86th, are options at 15 Sep 2025, 09:00, GA Q.16, where the 42nd is keyed as the 'Mini-Constitution'.
Related PYQs
No directly related past PYQ was found.