The 86th Constitutional Amendment

The 86th Constitutional Amendment of India, passed in 2002, brought about a significant shift in the country’s approach to education. This amendment added a new dimension to the Indian Constitution by ensuring that the right to education for children aged six to fourteen years became a fundamental right. 

The amendment is a historic milestone in the evolution of India’s educational landscape, making education both a legal entitlement and a moral obligation for the State, parents, and guardians.

In this article, we will delve into the historical background of the 86th Amendment, its key provisions, the legislative measures that followed, and the challenges and successes that have emerged as a result of this amendment.

Historical Context of 86th Constitutional Amendment

India’s journey toward ensuring free and compulsory education for its children has been long and arduous. The need for universal education has been a topic of discussion since the British colonial period.

Early Steps in Education Reform

• Gokhale Bill (1882): One of the first serious attempts to address the issue of compulsory education. Though it did not pass, it set the tone for future reforms.
• Bombay Municipality (Primary Education) Act (1918): This was one of the first laws mandating compulsory education in a specific region of India, though it was limited in scope.

Post-Independence Developments

• National Policy on Education (1968): The policy, though ambitious, failed to ensure the constitutional guarantee of free and compulsory education for all children.
• Ramamurty Committee (1986): This committee called for the recognition of education as a fundamental right and advocated for the universalisation of elementary education. However, no legal step was taken at that time.

Judicial Influence

The judiciary played a crucial role in shaping the right to education in India. In two landmark cases, the courts recognised the importance of education as a fundamental right:

• Mohini Jain v. State of Karnataka (1992): The Supreme Court held that the right to education is an essential part of the right to life under Article 21 of the Indian Constitution.
• Unnikrishnan v. State of Andhra Pradesh (1993): The Court expanded on the idea of education being part of the right to life, holding that the State was obligated to provide free and compulsory education up to the age of 14.

These decisions set the stage for constitutional amendments that would ensure the right to education.

What is 86th Amendment to Constitution of India?

The 86th Amendment, passed in 2002, was a response to the persistent calls for making education a fundamental right. The amendment inserted a new provision (Article 21A) in the Constitution, making the right to education a justiciable right. It also amended Articles 45 and 51A to reflect the increased responsibility of the State and parents.

Key Provisions of the 86th Amendment

Article 21A: Right to Education

Article 21A provides that:

“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.”

• Free and Compulsory Education: This provision made it the State’s responsibility to ensure that every child between the ages of six and fourteen receives education at no cost. The word “compulsory” mandates that no child should be denied an education, and the State must ensure their enrolment and retention in schools.
  
• Justiciability: This change made the right to education enforceable by law, meaning that parents or children can now approach courts if the State fails to provide the required education.

Article 45: Early Childhood Education

The original Article 45 aimed to provide free and compulsory education but was modified to focus on early childhood care. The amended Article now reads:

“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”

• Focus on Early Education: The amendment shifted the State’s responsibility towards providing early childhood education, recognising the importance of development during the first five years of a child’s life.

Article 51A(k): Parental Duty

Article 51A was amended to add a new fundamental duty:

“It shall be the duty of every parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”

• Parental Responsibility: This clause made it the responsibility of parents to ensure that their children receive an education. It complements the State’s obligation, highlighting a shared responsibility for the child’s education.

The Right to Education Act, 2009

The 86th Amendment was followed by the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which operationalised the constitutional provision by providing detailed guidelines on how free and compulsory education should be provided.

Key Features of the RTE Act

• Age Group: The Act applies to all children aged 6 to 14 years, making it mandatory for the State to ensure their education.
• Free Education: The Act ensures that no child is charged any fee or expenses that would hinder their education.
• No Screening at Admission: Schools cannot conduct entrance tests or interviews to deny admission.
• 25% Reservation in Private Schools: Private unaided schools must reserve 25% of seats for children from economically disadvantaged sections of society. These costs are reimbursed by the State.

Implementation and Monitoring

• District and State-Level Committees: The implementation of the Act is overseen by local and state-level education committees. The National Commission for Protection of Child Rights (NCPCR) also plays a crucial role in ensuring compliance.
• Infrastructure and Teacher Standards: The Act mandates minimum infrastructure, teacher-student ratios, and quality standards for schools to ensure a conducive learning environment.

Successes of the 86th Amendment and RTE Act

Since the implementation of the 86th Amendment and the RTE Act, significant progress has been made in the Indian education system.

Increased Enrolment Rates

One of the biggest successes has been the substantial increase in enrolment rates. The RTE Act has brought millions of children into the fold of formal education, and India has achieved near-universal enrolment of children in the 6-14 age group.

Greater Focus on Disadvantaged Groups

The 25% reservation in private schools has provided children from economically weaker sections (EWS) an opportunity to attend quality education, something that would have otherwise been out of reach.

Improved Infrastructure

The RTE Act has helped improve the infrastructure of government schools by setting clear guidelines on the teacher-student ratio, availability of classrooms, and other necessary amenities such as toilets and drinking water.

Challenges and Criticisms

Despite its successes, the 86th Amendment and RTE Act have faced several challenges and criticisms that need to be addressed for the system to work effectively.

Quality of Education

While enrolment rates have increased, the quality of education remains a major concern. A significant number of children still struggle with basic literacy and numeracy skills even after completing several years of schooling. The focus has been on getting children into schools, but the actual learning outcomes have not improved as expected.

Teacher Shortages and Training

There is a shortage of qualified teachers in India, especially in rural areas. Many teachers are untrained or underqualified, which affects the quality of education. The pressure to maintain student-teacher ratios has also led to the hiring of unqualified para-teachers.

Infrastructure Gaps

While the RTE Act mandates that schools must meet certain infrastructure standards, many government schools still lack basic facilities. In some areas, schools are overcrowded, lack clean drinking water, or do not have enough classrooms or toilets.

Inclusion of Children with Disabilities

The RTE Act has been criticised for not doing enough to ensure that children with disabilities are fully integrated into the education system. Although the law provides for some degree of inclusion, many children with disabilities still do not have access to quality education or facilities suited to their needs.

Conclusion

The 86th Constitutional Amendment was a turning point in India’s educational history. By enshrining the right to education as a fundamental right, it laid the groundwork for the Right to Education Act, 2009, which has already achieved much in terms of enrolment and infrastructure improvement. However, challenges such as quality of education, teacher shortages, and inclusion of children with disabilities remain.