86th Constitutional Amendment Act, Objectives, Key Details

The 86th Constitutional Amendment Act protects the citizen’s right to education. It covers all about the challenges related to education in India. The amendment adds three provisions in the constitution of India that target the rights to free and compulsory education for children in the age group between 6 to 14 years as a fundamental right.

86th Constitutional Amendment Act, 2002

The 86th Constitutional Amendment Act, 2002 is also known as the Right of Children to Free and Compulsory Education (RTE). The amendment added provisions about the necessity of a child to receive free and compulsory education as a fundamental right. 

Under Article 21A of the Indian Constitution, every child aged between 6 to 14 years has the fundamental right to receive free and compulsory elementary education of an equitable and satisfactory quality. It places the responsibility on State Governments to ensure this right is fulfilled.

A significant implicant of this amendment is that all schools catering to this age group are mandated to provide free and compulsory education. Moreover, no private unaided school is permitted to deny admission to eligible children, and failure to comply may invite penalties and legal action.

Additionally, the amendment emphasizes the role of local authorities in implementing this provision. They are required to develop and enforce suitable schemes involving parents, teachers, and school management committees to ensure the effective realization of this constitutional right.

86th Amendment Act 2002 Objectives

86th Amendment Act 2002 has the following objectives: 

• The amendment makes sure that every child below 14 years of age is getting free and compulsory education in the form of formal schooling. 
• Article 21A provides guarantee of right to education, making education a fundamental right for children aged 6 to 14 years. 
• It is mandatory for the state to provide free and compulsory education to children in the form of proper schooling. 
• Schools should be established in the vicinity of residential areas, making enrollment easy. 
• The 86th Amendment Act, 2002 also lays down the responsibility on the parents to send their children to school.
  The Act further ensures that children are not only enrolled but also provided an environment conducive to learning, including early childhood care and opportunities for quality education.

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Right to Education

The Right to Education Act, introduced in 1995, is a landmark legislation aimed at securing free and compulsory education for all children aged 6 to 14 years, regardless of their religion, caste, culture, or background.

1. The Act makes sure that every child who wants to receive an education and complete primary schooling is entitled to do so.
2.  Many children are deprived of education due to financial constraints, lack of infrastructure, and limited access to resources. This Act seeks to eliminate those barriers.
3. It recognizes that families may struggle to afford education or may be unaware of their children’s rights. The Act empowers them by offering legal backing and institutional support.
4. By making education a fundamental right, the Act provides families and communities with a platform to demand schooling for their children.
5. The overall aim is to create an environment where no child is left behind, and where quality education is not a privilege but a guaranteed right.