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| Constitution (Eighty-sixth Amendment) Act? | |
|---|---|
| Name | Constitution (Eighty-sixth Amendment) Act |
| Enacted by | Parliament of India |
| Enacted | 2002 |
| Commenced | 2002 |
| Citation | Amendment in Constitution of India |
| Status | in force |
Constitution (Eighty-sixth Amendment) Act?
The Constitution (Eighty-sixth Amendment) Act, enacted in 2002, inserted a new fundamental right and a Directive Principle related to elementary education, reflecting commitments similar to international instruments such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child. It amended the Constitution of India to make education a legal entitlement for children and required state action comparable to reforms seen in other nations like South Africa and policies influenced by organisations such as the United Nations Educational, Scientific and Cultural Organization and the World Bank. The amendment interacted with statutes like the Right to Information Act, 2005 and initiatives under the National Advisory Council and influenced schemes related to the Sarva Shiksha Abhiyan and the Right to Education Act, 2009.
The amendment arose amid debates in the Rajya Sabha and the Lok Sabha after reports from commissions such as the Kothari Commission and recommendations by the National Knowledge Commission and the Planning Commission. Political actors including the Indian National Congress, the Bharatiya Janata Party, and regional parties like the Dravida Munnetra Kazhagam and the Telugu Desam Party contested modalities, while civil society groups including the National Council of Educational Research and Training and non-governmental organisations like Pratham campaigned. International precedents from the European Court of Human Rights and constitutional models such as the South African Constitution informed legislative drafters, alongside comparative reports from the International Commission on Education for the Twenty-first Century.
The text amended Articles in the Constitution of India to insert clauses guaranteeing free and compulsory education to children of specified age groups and to add education as a Directive Principle reflecting goals akin to the International Covenant on Economic, Social and Cultural Rights. It defined state responsibilities similar to statutory frameworks like the Elementary Education Act models in various jurisdictions and empowered Parliament to make laws, leading to the later enactment of the Right of Children to Free and Compulsory Education Act, 2009. The amendment changed entry provisions in the schedules of the Constitution of India and created enforceable rights that intersected with schemes administered by the Ministry of Human Resource Development (now Ministry of Education), influenced policy instruments such as the District Primary Education Programme, and related to funding mechanisms under the Central Board of Secondary Education and state boards like the Maharashtra State Board.
Drafting and passage involved debates in parliamentary committees including the Standing Committee on Human Resource Development and votes in both houses, with speakers such as Ghulam Nabi Azad and Manohar Joshi presiding at different times. Amendments were tabled, discussed alongside motions referencing precedents from the Constituent Assembly of India debates and jurisprudence cited from the Supreme Court of India. The bill received assent from the President of India following procedures established in the Constitution of India and was notified in the Gazette of India, with administrative coordination between the Presidency and ministries like the Ministry of Law and Justice.
Implementation engaged central schemes such as the Sarva Shiksha Abhiyan and institutions including the Unified District Information System for Education and state directorates like the Karnataka School Education Department. Effects included expansion of enrolment reminiscent of reforms in countries such as Brazil and Indonesia, shifts in budgetary allocations debated by the Finance Commission, and interaction with judicial orders from the Supreme Court of India and state high courts like the Delhi High Court. Outcomes involved stakeholders from teacher unions such as the Akhil Bharatiya Shikshak Mahasangh, academic bodies like the Indian Council of Social Science Research, and philanthropic actors such as the Tata Trusts.
Litigation tested the amendment before benches of the Supreme Court of India in cases citing precedents like Kesavananda Bharati v. State of Kerala and interpretations by jurists including Justice P. N. Bhagwati and Justice V. R. Krishna Iyer. Courts addressed enforceability, scope, and resource obligations, referencing doctrines from landmark judgments such as Unnikrishnan v. State of Andhra Pradesh and engaging with constitutional principles articulated in decisions like Minerva Mills v. Union of India. Judicial review clarified intersections with fundamental rights under Articles of the Constitution of India and guided implementation practices across states.
Political reactions ranged from endorsements by leaders in the Indian National Congress and critiques from the Bharatiya Janata Party to advocacy by regional parties like the Trinamool Congress and civil society mobilization by organisations such as Save the Children and ActionAid. Public discourse involved media outlets like The Hindu, Times of India, and television channels such as Doordarshan and NDTV, shaping debates on funding, quality, and equity echoed in forums convened by the Indian School of Political Economy and academic conferences at institutions like the Jawaharlal Nehru University.
Category:Constitution of India amendments