S.1 Short title and commencement.

       (1) This Act may be called the Constitution (Eighty-sixth Amendment) Act, 2002.
       (2) It shall come into force on such 1date as the Central Government may, by notification in the Official Gazette, appoint.
       
       
       
       
       
       ______________________________
       1. Effective from 01.04.2010 vide Notification No. S.O.427(E) dated 16.02.2010.

S.2 Insertion of new article 21A.

       After article 21 of the Constitution, the following article shall be inserted, namely:--
       "21A. Right to education.-
       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.".

Legal Commentary on the Constitution (Eighty-Sixth Amendment) Act, 2002 - Section 2

Introduction

The Constitution (Eighty-Sixth Amendment) Act, 2002, represents a significant milestone in the Indian legal framework by enshrining the right to education as a fundamental right. This amendment specifically addresses the provision of free and compulsory education for children aged six to fourteen years, thereby aiming to enhance educational access and equity in India.

What does Section 2 Say

Section 2 of the Eighty-Sixth Amendment introduces Article 21A into the Constitution, which mandates that the State shall provide free and compulsory education to all children in the specified age group. It emphasizes that the manner of implementation will be determined by law.

Essential Ingredients

• Right to Education: Establishes education as a fundamental right for children aged six to fourteen.
• State Responsibility: Places the onus on the State to ensure the provision of education.
• Legislative Framework: Allows the State to determine the specifics of how this right is to be implemented.

Scope of Section

The scope of Section 2 extends to all children within the age bracket of six to fourteen years, ensuring that they have access to free and compulsory education. This section aims to eliminate barriers to education, such as economic constraints, and promotes inclusivity in the educational system.

Punishment for Section

While Section 2 itself does not prescribe specific punishments, the subsequent legislation, such as the Right to Education Act, outlines penalties for non-compliance by educational institutions and authorities.

Legal Comments

• Right to Education - The Eighty-Sixth Amendment enshrines the right to education as a fundamental right under Article 21A, ensuring that every child has access to education. -

• State Obligation - The State is mandated to provide free and compulsory education, reinforcing the government's role in promoting educational access. -

• Age Specification - The amendment specifically targets children aged six to fourteen, addressing a critical developmental phase for education. -

• Legislative Authority - The manner of implementation is left to the State, allowing for flexibility in how education is provided. -

• Fundamental Right - The amendment elevates the right to education to the status of a fundamental right, aligning it with other essential rights guaranteed by the Constitution. -

• Early Childhood Care - The amendment also emphasizes the importance of early childhood care, recognizing its role in a child's educational journey. -

• Prohibition of Discrimination - The Right to Education Act, which stems from this amendment, prohibits discrimination in educational access, ensuring inclusivity. -

• Implementation Challenges - Despite the legal framework, challenges remain in the effective implementation of the right to education across various states. -

• Monitoring Mechanisms - The State is required to establish monitoring mechanisms to ensure compliance with the right to education. -

• Legal Recourse - Parents and guardians have the right to seek legal recourse if the right to education is denied to their children. -

• Impact on Socio-Economic Status - The amendment aims to bridge the educational gap among different socio-economic groups, promoting social equity. -

• Public Awareness - There is a need for increased public awareness regarding the rights enshrined in the amendment to ensure that communities are informed. -

• Role of NGOs - Non-Governmental Organizations play a crucial role in advocating for the right to education and supporting its implementation at the grassroots level. -

• Future Amendments - The framework established by this amendment may pave the way for future legislative changes aimed at enhancing educational quality and accessibility. -

• International Standards - The amendment aligns with international standards and commitments regarding the right to education, reflecting India's dedication to global educational goals. -

• Judicial Interpretation - Courts have interpreted the right to education broadly, ensuring that it encompasses quality education and not just access. -

• Economic Implications - The provision of free education is expected to have long-term economic benefits by creating a more educated workforce. -

• Community Involvement - The success of the right to education also depends on community involvement and support for educational initiatives. -

• Sustainability of Programs - Ensuring the sustainability of educational programs initiated under this amendment is crucial for long-term success. -

• Evaluation of Outcomes - Regular evaluation of educational outcomes is necessary to assess the effectiveness of the right to education provisions. -

S.3 Substitution of new article for article 45.

       For article 45 of the Constitution, the following article shall be substituted, namely:--
       "45. Provision for early childhood care and education to children below the age of six years.-
       The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.".

S.4 Amendment of article 54A.

       In article 51A of the Constitution, after clause (j), the following clause shall be addedy namely:--
       "(k) who is a 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.".