Which Constitutional Amendment Act added a new Fundamental Duty to the Indian Constitution in 2002?

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  1. 86th Amendment
  2. 62nd Amendment
  3. 99th Amendment
  4. 74th Amendment

Answer (Detailed Solution Below)

Option 1 : 86th Amendment
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The correct answer is 86th Amendment.

Key Points

  • The 86th Constitutional Amendment Act, 2002, added a new Fundamental Duty under Article 51A(k) to the Indian Constitution.
  • This Fundamental Duty mandates parents or guardians to provide opportunities for education to their child or ward between the ages of 6 to 14 years.
  • It also introduced Article 21A, making education a fundamental right for children in this age group.
  • The amendment coincided with the enactment of the Right to Education (RTE) Act, 2009, which operationalized this Fundamental Right.
  • This amendment reflects India’s commitment to achieving universal education and improving literacy levels.

Additional Information

  • Fundamental Duties:
    • Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee.
    • Initially, there were 10 Fundamental Duties listed under Article 51A.
    • The 86th Amendment in 2002 added the 11th Fundamental Duty, which relates to providing educational opportunities for children.
  • Right to Education (RTE) Act, 2009:
    • The RTE Act was enacted to implement Article 21A, ensuring free and compulsory education for children aged 6 to 14 years.
    • It mandates a specific percentage of seats in private schools to be reserved for children from disadvantaged groups.
    • The Act emphasizes the quality of education and the infrastructure of schools.
  • Significance of the 86th Amendment:
    • The amendment highlighted the importance of education in national development and individual empowerment.
    • It aligned India’s educational policies with international commitments, such as the UN Convention on the Rights of the Child.
  • Key Articles Related to Education:
    • Article 21A: Right to free and compulsory education for children aged 6 to 14 years.
    • Article 45: Directive Principle of State Policy, which initially emphasized free and compulsory education for children under 14 years.
    • Article 51A(k): Fundamental Duty of parents/guardians to provide educational opportunities to children aged 6 to 14 years.
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