Maarg Manthan · Topic 7.6

Free and Compulsory Education for Children (Article 45)

Indian Polity › Directive Principles of State Policy (DPSP) · Topic 7.6

Article 45 originally directed free and compulsory education to age 14. The 86th Amendment Act 2002 recast it as early childhood care and education until six years, moved elementary education to Article 21A and added a parental duty in Article 51A(k).

5 min read · UPSC Prelims · Polity · Directive Principles

At a Glance

What it is The directive on education for children, changed in 2002 to early childhood care and education until six years
Article Article 45, in Part IV
Original text Free and compulsory education for all children until they complete 14 years
Linked changes Article 21A (Fundamental Right) and Article 51A(k) (Fundamental Duty)
Exam link UPSC Prelims, Polity: Directive Principles

Where Does It Fit?

This is the sixth topic of the category on Directive Principles. Article 45 shows how a directive can become a right: its original promise of free and compulsory education was moved into Part III by the 86th Amendment, and Article 45 was rewritten.

What Did Article 45 Originally Say?

Originally Article 45 made a provision for free and compulsory education for all children until they complete the age of 14 years. As a Directive Principle it was not enforceable by the courts. The Constitution thus contained the promise from the start, but a child had no legal claim to enforce it.

What Did the 86th Amendment Change?

The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a Fundamental Right under Article 21A. The amended directive now requires the State to provide early childhood care and education for all children until they complete the age of six years. The Amendment also added a new Fundamental Duty under Article 51A: it shall be the duty of every citizen who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years.

Article	Part	After the 86th Amendment
45	IV: Directive Principle	Early childhood care and education for children until six years
21A	III: Fundamental Right	Free and compulsory education for children aged six to fourteen
51A(k)	IVA: Fundamental Duty	Parent or guardian to provide opportunities for education to a child aged six to fourteen

From Directive to Right: The Courts

Before the Amendment, in the Unni Krishnan case (1993) the Supreme Court recognised a Fundamental Right to primary education within the right to life under Article 21. It held that every child has a right to free education until he or she completes 14 years, after which the right is subject to the limits of the economic capacity and development of the State. In doing so it overruled the earlier Mohini Jain case (1992), which had partly declared a fundamental right to education up to any level, including professional education such as medicine and engineering.

Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009 under Article 21A, and the Amendment and the Act came into force with effect from 1 April 2010.

Article 41, a socialistic directive, asks the State to secure the right to education within its economic capacity. Article 46 directs the State to promote the educational and economic interests of SCs, STs and other weaker sections. Outside Part IV, Article 350-A directs states and local authorities to provide adequate facilities for instruction in the mother tongue at the primary stage to children of linguistic minority groups. All these are non-justiciable directives, but the Fundamental Right in Article 21A is justiciable.

Why Is This Topic Important?

Directive converted into right Article 45 and Article 21A are a standard pair
Amendment package The three changes by the 86th Amendment are frequently asked
Case link Mohini Jain and Unni Krishnan appear in related questions

What Came Next?

The next topic covers Article 50, the directive on the separation of the judiciary from the executive.

Key People and Terms

Early childhood care Care and education for children until six years
Elementary education Education for ages six to fourteen
Parent or guardian duty The Fundamental Duty in Article 51A(k)
Mohini Jain case 1992 case on a right to education at any level
Unni Krishnan case 1993 case that limited the free right to age 14

Exam Corner

Points to Remember

Original Article 45: free and compulsory education until 14 years.
Amended Article 45: care and education until six years (86th Amendment, 2002).
Article 21A: ages six to fourteen; RTE Act 2009, in force 1 April 2010.
New duty: Article 51A(k) for parents and guardians.

Do Not Confuse With

Article 45 and Article 21A Article 45 covers up to six years as a directive; Article 21A covers six to fourteen as a right
Mohini Jain and Unni Krishnan Education at any level versus free education until 14
Directive and duty The State endeavours under Article 45; parents have a duty under Article 51A(k)

Memory Hook

Forty-five was fourteen, and now it is six: the older children moved to Twenty-one A.

Mains Angle

Questions on this topic usually ask how the right to education evolved. Use these points to add depth.

Non-enforceable promise Article 45 originally could not be enforced by courts
Judicial step Unni Krishnan read primary education into Article 21
Legislative step The 86th Amendment and the RTE Act
Balanced responsibility The State provides; parents and guardians also have a duty

A Question You May Face

An original practice question, not a past paper question.

“Trace how the Constitution moved from a directive on education to a Fundamental Right.”

How to Answer

Introduction Original Article 45.
Courts Mohini Jain and Unni Krishnan.
Amendment The 86th Amendment changes.
Conclusion RTE Act and implementation.

GS Relevance

Prelims: Indian Polity, Directive Principles, education. GS Paper 2: Education policy and rights.

Frequently Asked Questions

What did Article 45 originally provide?

Originally Article 45 provided free and compulsory education for all children until they completed the age of 14 years. As a Directive Principle it was not enforceable by courts, which is why the issue was later brought into Part III.

What does Article 45 say now?

After the 86th Amendment Act of 2002, Article 45 requires the State to provide early childhood care and education for all children until they complete the age of six years. Elementary education for ages six to fourteen moved to Article 21A.

Which Fundamental Duty relates to education?

Article 51A(k), added by the 86th Amendment, makes it the duty of a parent or guardian to provide opportunities for education to his or her child or ward between the ages of six and fourteen years.

How did the Unni Krishnan case treat education?

In 1993 the Supreme Court recognised a right to primary education within Article 21, holding that every child has a right to free education until the age of 14, after which the right depends on the State’s economic capacity.

When did the RTE Act come into force?

The Right of Children to Free and Compulsory Education Act, 2009 and the 86th Amendment Act of 2002 came into force with effect from 1 April 2010, giving effect to Article 21A for children aged six to fourteen.

PYQ Practice — Statement Analysis

1 Article 45 now deals with early childhood care and education until six years.

True

The 86th Amendment changed it.

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

False

It imposes a duty on the parent or guardian.

3 Originally Article 45 provided education until the age of 14 years.