Difference Between Article 45 and Article 21-A of Indian Constitution

Education plays a fundamental role in the development of an individual and a nation. In India, the Constitution has long acknowledged the importance of education. Over time, however, the nature and scope of education-related provisions have evolved, particularly with respect to Articles 45 and 21-A. 

While both articles address the right to education, they differ in terms of their nature, enforceability, and the age groups they cater to. This article aims to provide a detailed analysis of the differences between Article 45 and Article 21-A, tracing their historical roots, constitutional impact, and practical implications.

Constitutional Position: Directive Principle vs. Fundamental Right

Article 45: A Directive Principle of State Policy

Part of Part IV of the Constitution (Directive Principles of State Policy), Article 45 outlines the State’s obligation to provide free and compulsory education. However, unlike the Fundamental Rights in Part III, the Directive Principles are not justiciable. This means that the State cannot be legally compelled to follow these principles by a court.

The original intent of Article 45 was to mandate free and compulsory education for all children up to the age of 14 within ten years of the adoption of the Constitution. However, this goal was not realised within the given time frame, and thus the directive remained aspirational for many years.

Article 21-A: A Fundamental Right

Part of Part III of the Constitution, Article 21-A was inserted by the 86th Amendment in 2002 and made education a fundamental right. This means that it is justiciable—if the State fails to provide free and compulsory education, citizens can approach the courts to demand enforcement of this right.

This amendment gave six to fourteen-year-olds the right to free and compulsory education, transforming it from a policy directive to a legal right enforceable by law.

The Text: Evolution and Focus

Original Text of Article 45

1950: Article 45 in its original form was a directive principle that stated:
“The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.”

Nature of the Provision: The word “endeavour” signified that this was an aspirational directive, and its fulfilment was dependent on the will of the State. The timeline for achieving this goal, ten years, was never met.

Revised Text of Article 45 (86th Amendment, 2002)

The 86th Amendment of 2002 altered the text of Article 45, redirecting its focus towards early childhood education, particularly for children under the age of six:
“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”

The revised provision shifted the focus towards the pre-school years, reflecting the growing understanding of the importance of early childhood education.

Article 21-A (86th Amendment, 2002)

Article 21-A inserted by the 86th Amendment of 2002 states:
“The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”

Unlike Article 45, Article 21-A is not an aspirational provision but a fundamental right, which means that the State is constitutionally bound to enforce it, and courts can intervene if the right is violated.

Legal Nature and Enforceability of Article 45 and Article 21-A

Article 45 – Aspirational, Not Justiciable

Article 45 is a directive principle, which guides the State’s policy-making but cannot be directly enforced in a court of law. Courts do not have the authority to compel the State to implement the provisions of Article 45. It provides a framework for policy development and serves as a foundation for several government programmes aimed at improving early childhood care and education.

Article 21-A – A Justiciable Right

Article 21-A, on the other hand, is a fundamental right that is justiciable, meaning that it is enforceable in courts. Citizens, especially parents and guardians, can seek legal remedy through writ petitions if they are denied their child’s right to free and compulsory education. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) operationalises this provision by setting clear standards for the provision of education.

Age Group Coverage in Article 45 and Article 21-A

Article 45 – Early Childhood Care (0-6 Years)

The revised Article 45 after the 86th Amendment focuses on early childhood care and education for children under the age of six years. This is crucial as it addresses the need for early development and lays the foundation for lifelong learning. Early childhood education is recognised globally as one of the most important phases for cognitive, emotional, and social development.

The Integrated Child Development Services (ICDS) and Anganwadi centres are key policy tools to implement the vision of Article 45, providing nutrition, health care, and early childhood education to children in the 0-6 age group.

Article 21-A – Primary Education (6-14 Years)

Article 21-A guarantees the right to free and compulsory education for children between the ages of 6 and 14. This provision focuses on primary education and mandates that every child in this age group must have access to schooling.

This right is implemented through the Right of Children to Free and Compulsory Education Act, 2009, which provides legal backing for the guarantee of education up to the eighth standard.

Government Obligations in Article 45 and Article 21-A

Article 45 – State’s Duty to Promote Early Childhood Care

The State’s duty under Article 45 is to ensure the availability of early childhood education services, particularly for children below six years. While the State must ensure access to early education, the provision does not impose strict deadlines or penalties if the goal is not achieved.

The State is encouraged to provide pre-school education through Anganwadis and other government-supported initiatives. The focus remains on care, nutrition, and early childhood development.

Article 21-A – State’s Duty to Provide Free and Compulsory Education

Article 21-A places a mandatory obligation on the State to provide free and compulsory education for children in the age group of 6-14 years. This means that the State must ensure enrolment, retention, and quality education in primary schools.

The Right to Education Act (RTE), which came into force in 2010, outlines specific duties and standards, such as the pupil-teacher ratio, infrastructure, and teacher qualifications.

Key Difference Between Article 45 and Article 21-A of the Indian Constitution

Here’s a table summarising the key differences between Article 45 and Article 21-A of the Indian Constitution:

Conclusion

In summary, Article 45 and Article 21-A both focus on providing education, but they differ significantly in their legal nature, focus areas, and enforceability. Article 45 is an aspirational directive, aimed at providing early childhood education, while Article 21-A makes primary education a fundamental right, enforceable through courts. Together, they create a comprehensive framework for children’s education, from early childhood care through to primary school.