Question

Which of the following is true with respect to Right to education?

• A. Fundamental right under Art 21 A of the Constitution
• B. Statutory right under Right of Children to Free and Compulsory Education Act 2009
• C. 86 th Constitutional Amendment Act, 2002 inserted Art 21A
• D. All of the above

Hint:

The 86th Amendment also substituted Article 45 (early childhood care) and added a new Fundamental Duty under Article 51A(k) for parents to provide education to their children.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the correct statements regarding the legal status, origin, and legislative backing of the Right to Education in India.

Step 2: Key Concepts and Approach:
The Right to Education evolved from a non-justiciable directive principle into a justiciable fundamental right, which was later backed by an implementing statute.
We need to examine the constitutional amendments and legislative acts that facilitated this process.

Step 3: Detailed Explanation:

• The 86th Constitutional Amendment, 2002: This amendment made a major impact on education policy by inserting Article 21A in Part III of the Constitution. Thus, statement (C) is correct.

• Article 21A: It declares that 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 determine. This established it as a Fundamental Right. Thus, statement (A) is correct.
• RTE Act, 2009: To give operational effect to Article 21A, Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, making it a statutory right as well. Thus, statement (B) is correct.
• Comprehensive Status: Since all three statements are historically and legally accurate, Option D is the correct choice.

Step 4: Final Answer:
The Right to Education is backed by all the constitutional and statutory provisions listed. Therefore, Option D is correct.