Question
Download Solution PDFWhich Constitutional Amendment Act added a new Fundamental Duty to the Indian Constitution in 2002?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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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