Maarg Manthan · Topic 8.4

86th Amendment Act, 2002, and the Eleventh Fundamental Duty

Indian Polity › Fundamental Duties · Topic 8.4

The 86th Amendment Act, 2002 inserted Article 21A on free and compulsory education, changed Article 45 to early childhood care until six years, and added the eleventh Fundamental Duty, Article 51A(k), on a parent’s duty to educate a child aged six to fourteen.

5 min read · UPSC Prelims · Polity · Fundamental Duties

At a Glance

What it is The 2002 Amendment that added Article 21A, changed Article 45 and added the eleventh duty
Eleventh duty Article 51A(k): parent or guardian to provide opportunities for education to a child aged six to fourteen
Amendment 86th Constitutional Amendment Act, 2002
In force With the RTE Act, 2009, from 1 April 2010
Exam link UPSC Prelims, Polity: Fundamental Duties

Where Does It Fit?

This is the last topic of the category on Fundamental Duties. The 86th Amendment Act of 2002 is the only change to the list of duties since 1976, and it came as part of a package on elementary education.

What Did the 86th Amendment Do?

The 86th Amendment Act of 2002 made three changes in the Constitution to give effect to the goal of elementary education for all.

Provision	Change
Article 21A (Fundamental Right)	Free and compulsory education for all children aged six to fourteen, in such manner as the State may determine
Article 45 (Directive Principle)	Now provides for early childhood care and education for all children until they complete six years
Article 51A(k) (Fundamental Duty)	It is the duty of a parent or guardian to provide opportunities for education to his or her child or ward between six and fourteen years

The Eleventh Duty in Detail

The eleventh Fundamental Duty, to provide opportunities for education to a child or ward aged six to fourteen, is addressed to the parent or guardian. It balances the new right of the child in Article 21A: the State provides free and compulsory education, and the parent or guardian is under a constitutional duty to give the child the opportunity to receive it. Like the other duties it is non-justiciable and applies to citizens.

This addition is seen as showing an eventual consensus on the necessity of the Fundamental Duties, since the Janata Government of 1977 had not annulled the duties added in 1976 and another one was added by the 86th Amendment in 2002.

How Did the Courts and Parliament Prepare the Ground?

Before the Amendment, Article 45 had provided for free and compulsory education for children until 14 as a Directive Principle that courts could not enforce. In the Unni Krishnan case (1993) the Supreme Court recognised a fundamental right to primary education within Article 21, overruling the Mohini Jain case (1992), and held that every child has a right to free education until the age of 14. The 86th Amendment, described by the government as the dawn of the second revolution in the chapter of citizens’ rights, moved this into Part III. In pursuance of Article 21A, Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and both the Amendment and the Act came into force with effect from 1 April 2010.

Rights and Duties Side by Side

Part	Provision	Who is addressed
III	Article 21A	The State, to provide education; the child holds the right
IV	Article 45	The State, to give early childhood care until six years
IVA	Article 51A(k)	The parent or guardian, to provide opportunities for education

Why Is This Topic Important?

Latest change to the duties The eleventh duty is a frequent Prelims point
Package of changes Articles 21A, 45 and 51A(k) are asked together
Rights-duties link The balance between child right and parent duty is a Mains theme

What Came Next?

The next category covers Constitutional Amendment, beginning with Article 368 and its procedure.

Key People and Terms

86th Amendment Act, 2002 Added Article 21A, changed Article 45 and added Article 51A(k)
Parent or guardian The person bound by the eleventh duty
Article 21A The Fundamental Right to elementary education
RTE Act, 2009 The law giving effect to Article 21A
Early childhood care The new subject of Article 45

Exam Corner

Points to Remember

Eleventh duty: Article 51A(k), 86th Amendment, 2002.
It binds the parent or guardian, for children aged six to fourteen.
Article 21A is a right; Article 45 is a directive for up to six years.
In force from 1 April 2010 with the RTE Act.

Do Not Confuse With

Article 51A(k) and Article 21A One is a duty of parents; the other is a right of children
Article 45 now and then Originally 14 years; now six years
Ten and eleven duties Ten in 1976; eleventh in 2002

Memory Hook

Eleventh duty, eighty-sixth amendment: the State educates, the parent enables.

Mains Angle

Questions on this topic usually ask about the education package. Use these points to add depth.

Three-part package A right, a directive and a duty changed together
Parental responsibility The duty balances the child’s right
Judicial base Unni Krishnan paved the way
Statutory backing The RTE Act, 2009 and the 2010 enforcement

A Question You May Face

An original practice question, not a past paper question.

“Explain how the 86th Amendment Act, 2002 changed the Constitution in respect of elementary education.”

How to Answer

Introduction Education before 2002.
Changes Articles 21A, 45 and 51A(k).
Judicial and legislative base Unni Krishnan and the RTE Act.
Conclusion Right, directive and duty together.

GS Relevance

Prelims: Indian Polity, Fundamental Duties, education. GS Paper 2: Education and constitutional amendments.

Frequently Asked Questions

Which Fundamental Duty was added in 2002?

The eleventh Fundamental Duty, Article 51A(k), was added by the 86th Amendment Act, 2002. It makes it the duty of a parent or guardian to provide opportunities for education to his or her child or ward between the age of six and fourteen years.

What else did the 86th Amendment Act change?

It inserted Article 21A, making free and compulsory education for children of six to fourteen a Fundamental Right, and it changed Article 45 to require the State to provide early childhood care and education until children complete six years.

When did the 86th Amendment come into force?

The 86th Amendment Act of 2002 and the Right of Children to Free and Compulsory Education Act, 2009 came into force with effect from 1 April 2010, giving effect to the right to elementary education.

Who is bound by the eleventh Fundamental Duty?

The eleventh Fundamental Duty binds a parent or guardian, who must provide opportunities for education to a child or ward aged six to fourteen years. It complements the right of the child under Article 21A.

What did Unni Krishnan hold on education?

In 1993 the Supreme Court recognised a fundamental right to primary education within Article 21, holding that every child has a right to free education until the age of 14, and overruled the Mohini Jain judgment of 1992.

PYQ Practice — Statement Analysis

1 The eleventh Fundamental Duty was added by the 86th Amendment Act, 2002.

True

It is Article 51A(k).

2 Article 51A(k) imposes the duty on the State to educate children.

False

It imposes it on a parent or guardian.

3 Article 45 now provides for education of children aged six to fourteen.