constitution of india assignment sem 5 - 26 (2).pdf

S.N.D.T WOMEN’S UNIVERSITY OF LAW 3RD YEAR B.B.A LL.B SEMESTER V NAME : _Huzaifa Shaikh_ CLASS : __3RD Year B.B.A LL.B_ ROLL NO. : 26 SUBJECT.: Constitutional Law Of India TOPIC: 86th Amendment to the Constitution of...

S.N.D.T WOMEN’S UNIVERSITY OF LAW 3RD YEAR B.B.A LL.B SEMESTER V NAME : _Huzaifa Shaikh_ CLASS : __3RD Year B.B.A LL.B_ ROLL NO. : 26 SUBJECT.: Constitutional Law Of India TOPIC: 86th Amendment to the Constitution of India SEMESTER : V Semester TEACHERS REMARK: DATE OF SUMISSION TEACHER’S NAME 27 -9 -2024 Ms. Janki Misra 1  Acknowledgement I would like to express my heartfelt gratitude to the following individuals and institutions who have played a significant role in the successful completion of this project: My Respected Teacher: I am deeply indebted to my teacher, Ms. Janki Misra, for their unwavering guidance and mentorship throughout this project. Their expertise and encouragement were invaluable in shaping the direction of my work. S.n.d.t Law School : I would like to extend my sincere thanks to law school for providing me with the necessary resources, infrastructure, and a conducive learning environment. This project would not have been possible without the educational foundation and opportunities I received here. I am grateful to all of you for being a part of this endeavour and for your contributions, both big and small. Thank you once again for your belief in me and for being an integral part of my academic journey. Sincerely, Huzaifa Shaikh 2  Table Of Contents Sr.no Title Pg. no 1. Introduction 4 2. Background and Context 5 3. Core Features of the 86th Amendment 6-7 4. Significance of the Amendment 8 5. Provisions of the 86th Amendment 9-13 6. Implementation: Right to Education Act, 2009 14-17 7. Case law 18-21 8. Conclusion 22 9. Suggestion 23-24 10. Reference 25 3  86th Amendment to the Constitution of India Introduction The Constitution of India has undergone numerous amendments since its inception in 1950. One of the most significant amendments that has had a far-reaching impact on the country's socio- legal landscape is the 86th Amendment. This amendment, enacted in 2002, made education a fundamental right for children aged 6-14 years. The amendment represents a key moment in India's constitutional history by shifting education from being a mere Directive Principle of State Policy to a justiciable fundamental right. Before this amendment, Article 45 of the Directive Principles mandated the state to provide free and compulsory education for all children up to the age of 14. However, the amendment formally integrated this responsibility into the core of the Constitution, thus imposing a stronger obligation on the government to ensure educational access for all. The 86th Amendment also paved the way for the enactment of the Right to Education (RTE) Act, 2009, which implemented the legal provisions necessary to realize this right. The 86th Amendment to the Constitution of India, enacted in 2002, represents a pivotal moment in the nation’s legal and educational landscape. This amendment introduced a transformative shift in India’s approach to the right to education, recognizing the essential role education plays in shaping an individual's future and empowering society as a whole. The amendment primarily aimed to address the educational needs of children and to ensure that every child between the ages of 6 and 14 has the opportunity to access free and compulsory education. 4  Background and Context Historical Context The roots of the 86th Amendment can be traced back to the Constituent Assembly Debates (1946-1949), where education was seen as a vital pillar for the newly independent nation. However, the founders of the Indian Constitution faced practical challenges in ensuring universal education immediately. As a compromise, the right to education was included in the Directive Principles of State Policy (under Article 45) rather than in the enforceable section of Fundamental Rights. Article 45 originally directed the state to provide free and compulsory education for all children up to the age of 14 years "within a period of ten years" from the commencement of the Constitution. Despite this directive, progress in achieving universal education was slow, and even after five decades, India had failed to meet its constitutional promise. Poverty, infrastructure deficits, teacher shortages, and regional disparities contributed to the large number of out-of-school children, especially from marginalized communities. This educational lag increasingly became a source of concern for policy-makers and civil society organizations, and the momentum for reform gained pace during the 1980s and 1990s. Prior to the amendment, the Directive Principles of State Policy under Article 45 were primarily responsible for guiding the state in matters related to education. However, since Directive Principles are not enforceable in courts, the right to education was a distant goal rather than a concrete, enforceable reality. Social and Legal Context India’s post-independence governments recognized the importance of education for development and democracy, but progress in universalizing education remained slow. Despite efforts like the National Policy on Education (1986) and various programs, a significant portion of the population remained illiterate, and many children lacked access to formal schooling. This situation led to increasing pressure from civil society groups, educational reformers, and the judiciary to treat education as a fundamental right. 5  Core Features of the 86th Amendment The 86th Amendment to the Constitution of India, enacted in 2002, introduced significant changes to the fundamental right to education, incorporating three key constitutional provisions: 1. Introduction of Article 21A  Fundamental Right to Education: The amendment introduced Article 21A into the Constitution, which states: "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 Enforceability: Article 21A elevates the right to education to a fundamental right, making it legally enforceable. This allows citizens to seek judicial redress if the state fails to provide free and compulsory education.  Impact on Legislation: This provision directly led to the enactment of the Right to Education Act, 2009, which details the mechanisms for implementing this right, including standards for educational access, quality, and equity. 2. Amendment to Article 45  Focus on Early Childhood Education: The 86th Amendment revised Article 45 to include early childhood education: "The State shall Endeavor to provide early childhood care and education for all children until they complete the age of six years."  Importance of Early Learning: This amendment acknowledges the critical role of early childhood education in a child’s development and aims to ensure that children receive foundational learning and care before they enter formal schooling.  Policy Influence: This change has led to policies and initiatives aimed at improving early childhood care and education (ECCE), reinforcing the importance of early learning in the overall educational framework. 6 3. Insertion of Article 51A(k)  Fundamental Duty of Parents: The 86th Amendment added Article 51A(k) to the Constitution: "It shall be the duty of every 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."  Promoting Parental Responsibility: This provision makes it a fundamental duty for parents to ensure that their children receive education. It emphasizes the shared responsibility between the state and families in achieving educational goals.  Community Engagement: By establishing this duty, the amendment encourages greater parental involvement and support in the educational process, aiming to foster a culture of responsibility and community engagement. These core features of the 86th Amendment reflect a comprehensive approach to ensuring the right to education in India. By incorporating these changes into the Constitution, India has committed to providing accessible and quality education for all children, recognizing the essential role of both the state and families in this endeavor. 7  Significance of the Amendment The 86th Amendment is significant for several reasons. First, it elevated the status of education from a directive principle to a fundamental right, making it enforceable by law. This not only placed a binding obligation on the state but also empowered citizens to seek legal remedies if this right was denied. Second, it addressed the growing demand for educational access for all children, particularly those from economically weaker sections and marginalized communities. Furthermore, by focusing on the ages of 6-14, the amendment targeted a crucial developmental phase in a child’s life, ensuring that basic literacy and numeracy skills are developed. The introduction of early childhood care under the revised Article 45 also highlighted the importance of preparing children before formal schooling begins, recognizing that early learning experiences play a significant role in shaping cognitive and social development. In addition, the imposition of a fundamental duty on parents and guardians was intended to create a shared responsibility between the state and society in realizing the goals of universal education. The Road to the Right to Education Act, 2009 The 86th Amendment laid the legal groundwork for the subsequent Right to Education (RTE) Act, 2009, which provided the detailed framework for implementing the amendment’s provisions. The RTE Act operationalized Article 21A by setting out norms and standards for schools, teacher qualifications, and the responsibilities of both the central and state governments. It also mandated that private schools reserve 25% of their seats for children from disadvantaged groups, further promoting inclusivity in education. Overall, the 86th Amendment represents a critical advancement in India's constitutional commitment to equity, justice, and development through education. While the amendment has made significant strides in improving access to education, challenges remain in terms of quality, infrastructure, and regional disparities. As the country moves forward, ensuring that the right to education is fully realized for all children remains a vital goal. 8  Provisions of the 86th Amendment The 86th Amendment to the Constitution of India, passed in 2002, introduced three key changes to the Constitution to address the critical issue of children's education. These provisions were added to ensure that the right to free and compulsory education became a fundamental right for children aged 6 to 14 years, while also establishing new responsibilities for both the state and parents. The amendment included the introduction of Article 21A, an amendment to Article 45, and the addition of Article 51A(k). Each of these changes represents a specific aspect of the legislative intent behind the amendment and its broader aim of making education accessible to all children in India. 1. Introduction of Article 21A: Right to Education as a Fundamental Right The most notable and transformative provision introduced by the 86th Amendment was the insertion of Article 21A, which guarantees the right to education as a fundamental right. Prior to this amendment, education was listed under the Directive Principles of State Policy (Article 45), meaning that it was not legally enforceable, even though it was recognized as a significant goal of the state. Article 21A reads: “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.” This provision fundamentally altered the nature of the state’s responsibility toward education by making it a legally enforceable right. The key aspects of this provision are as follows:  Free and Compulsory Education: The use of the terms “free” and “compulsory” is significant. “Free” implies that no child should be excluded from school on the basis of their financial inability to pay fees. This provision mandates the government to ensure that education for children in the specified age group is provided without any cost, including tuition fees, textbooks, uniforms, and other educational materials. "Compulsory" refers to the state's obligation to ensure that every child between 6 and 14 years attends school. This imposes a duty on the state to ensure the enrollment, attendance, and completion of elementary education by all children. 9   State's Determination: The phrase “in such manner as the State may, by law, determine” gives the government the flexibility to implement this right according to the specific needs of the country, including framing laws, policies, and schemes that enable effective implementation. This flexibility allows both central and state governments to establish norms for school admissions, curriculum, teacher qualifications, and other regulatory frameworks.  Age Range: The provision applies only to children aged 6 to 14 years, marking this period as critical for formal schooling. This limited scope has sparked debates regarding the need to expand this right to include early childhood education (below 6 years) and secondary education (above 14 years). 2. Amendment to Article 45: Early Childhood Care and Education Before the 86th Amendment, Article 45 of the Constitution under the Directive Principles of State Policy obligated the state to provide free and compulsory education to children up to the age of 14. This was seen as a directive, encouraging the state to make efforts toward universal education, but it was not enforceable as a fundamental right. The 86th Amendment modified Article 45 to shift its focus from education for children aged 6- 14 (now covered under Article 21A) to the provision of early childhood care and education. The revised Article 45 states: “The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.” Key points to note about the revised Article 45 are:  Early Childhood Education: This provision acknowledges the importance of education in the early years, before the age of six, which are critical for a child’s cognitive, emotional, and social development. Early childhood education (ECE) is foundational for preparing children for formal schooling and ensuring better learning outcomes in later years.  Non-Enforceability: Unlike Article 21A, which makes education a fundamental right for children aged 6 to 14, the revised Article 45 continues to remain a Directive Principle of 10  State Policy, meaning that it is not legally enforceable. The state is encouraged but not legally obligated to provide early childhood education. As a result, while there are several schemes aimed at early childhood care (such as Integrated Child Development Services (ICDS)), this remains a goal rather than a right.  Importance of Early Childhood Care: Studies have consistently shown that children who receive early childhood education have better cognitive abilities, social skills, and higher retention rates in later stages of formal education. By including this provision in the Constitution, the government has recognized the critical role early childhood care plays in ensuring long-term educational success. 3. Addition of Article 51A(k): A Fundamental Duty of Parents and Guardians In addition to creating a right for children, the 86th Amendment also placed a responsibility on parents and guardians by introducing Article 51A(k), which adds a new fundamental duty. Article 51A(k) states: “It shall be the duty of every citizen 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.” This provision makes it the responsibility of parents or guardians to ensure that their children between the ages of 6 and 14 receive an education. While the state is responsible for providing free and compulsory education under Article 21A, Article 51A(k) requires parents to play an active role in ensuring their children's attendance in school. The key features of this provision are:  Shared Responsibility: This duty reflects the idea that the responsibility for a child's education is shared between the state and the parents or guardians. While the state provides the resources and infrastructure for education, it is up to the parents to ensure sssssthat their children take advantage of these opportunities.  Awareness and Engagement: By creating a duty for parents, the amendment also seeks to raise awareness about the importance of education. It encourages parents to be active 11  participants in their children’s educational journey and engage with the school system, teachers, and educational policies.  Limited Enforcement: Article 51A(k) is classified as a fundamental duty, which, unlike fundamental rights, is not enforceable in a court of law. However, it serves as a moral obligation and aligns with the broader constitutional goals of promoting education. Although there are no legal penalties for parents who fail to send their children to school, the provision reflects the government's intent to promote universal education through collective responsibility. 4. The Legal Framework and the Right to Education Act, 2009 The 86th Amendment, while establishing the right to education, left the details of its implementation to future laws. To give effect to Article 21A, the government passed the Right to Education (RTE) Act in 2009, which outlines the specific framework for providing free and compulsory education to children. The RTE Act, 2009, is an enabling law that operationalizes the constitutional promise made under the 86th Amendment. The Act includes several important provisions:  Free Education: All children in the 6-14 age group are entitled to free education in a government or government-aided school.  Compulsory Admission: Schools are required to admit children without any discrimination based on caste, religion, or financial background. The Act also mandates that private schools reserve 25% of their seats for children from disadvantaged and economically weaker sections.  Quality Standards: The RTE Act lays down norms and standards for schools, including infrastructure requirements, teacher qualifications, and pupil-teacher ratios. Schools that do not meet these standards are liable to face penalties, ensuring that the right to education is not just about access but also about quality. 12  Prohibition of Physical Punishment and Mental Harassment: The Act prohibits corporal punishment and mental harassment, reflecting the constitutional aim of providing children with a safe and supportive learning environment.  Age-Appropriate Admission: Children who have never been to school or have dropped out are entitled to admission in an age-appropriate class, with special provisions for bridging courses to help them catch up academically. 13  Implementation: Right to Education Act, 2009 The Right to Education (RTE) Act, 2009 was enacted to operationalize the 86th Amendment and give life to Article 21A of the Constitution. The Act laid down the specific legal framework for ensuring free and compulsory education to children between the ages of 6 and 14. The RTE Act was a significant step toward realizing India’s goal of universalizing elementary education, but its implementation has been met with both achievements and challenges. This section delves into the key provisions of the RTE Act, the process of its implementation, and the hurdles that still need to be addressed to fulfill the promise of education for all. 1. Key Provisions of the RTE Act The RTE Act was passed with the objective of ensuring that every child in India receives access to quality education, regardless of their social or economic background. Some of the most important provisions of the Act include:  Free and Compulsory Education: The Act guarantees that all children aged 6-14 have the right to free education in a government or government-aided school. This means that children are not required to pay any fees, including for textbooks, uniforms, and other school-related materials. The government bears the responsibility of providing all resources necessary for education.  Compulsory Education: The RTE Act makes it compulsory for the government to ensure that every child within this age group is enrolled in school, attends classes regularly, and completes elementary education. It is the state’s duty to identify children who are out of school and bring them into the formal education system.  Age-Appropriate Admission: The Act mandates that children who have never attended school or have dropped out are entitled to be enrolled in an age-appropriate class, rather than being placed according to academic performance. This provision is meant to ensure that older children can reintegrate into the education system without being penalized for missed years.  25% Reservation in Private Schools: One of the most revolutionary aspects of the RTE Act is the requirement that private schools reserve 25% of their seats for children from 14  economically weaker sections (EWS) and disadvantaged groups. This is intended to promote social inclusivity and ensure that children from poor families have access to quality education that may otherwise be unaffordable.  Quality Standards: The RTE Act establishes minimum standards for schools to ensure that children receive quality education. These include: o Infrastructure: Schools must have adequate physical infrastructure, including classrooms, drinking water, and separate toilets for boys and girls. o Teacher Qualifications: All teachers must be professionally trained and meet the qualifications prescribed by the National Council for Teacher Education (NCTE). o Pupil-Teacher Ratio: The Act mandates a pupil-teacher ratio of 30:1 to ensure that every child receives adequate attention and quality instruction.  Prohibition of Discrimination: The Act prohibits any form of discrimination in admission, particularly based on caste, gender, or disability. It also bans physical punishment and mental harassment of students, aiming to create a safe and supportive environment for learning.  Continuous Comprehensive Evaluation (CCE): The RTE Act replaced the traditional examination system with CCE, which assesses students based on their continuous progress throughout the academic year rather than just through final exams. This system encourages holistic learning and reduces the stress associated with examinations. 2. Institutional Mechanisms for Implementation To ensure effective implementation of the RTE Act, a number of institutional mechanisms were created or restructured:  National and State Commissions for Protection of Child Rights (NCPCR and SCPCR): These bodies were given the responsibility of monitoring the implementation of the RTE Act. They act as watchdogs, ensuring that both public and private schools comply with the law and that children's rights to education are upheld. 15   School Management Committees (SMCs): The Act mandates the formation of SMCs in all government and aided schools. These committees consist of parents, teachers, and local representatives and play a crucial role in overseeing school operations, managing funds, and ensuring accountability. 75% of the members of the SMC must be parents or guardians, with special representation for women and marginalized groups.  National Advisory Council (NAC): The NAC advises the central government on the implementation of the RTE Act. It comprises educational experts, child rights advocates, and representatives from various sectors who provide guidance on the challenges and improvements needed for effective implementation.  District Education Authorities: At the district level, education authorities are responsible for ensuring the implementation of the RTE Act in their respective jurisdictions. They are tasked with identifying out-of-school children, managing enrollment campaigns, and monitoring school infrastructure and teacher recruitment. 3. Achievements in Implementation Since the implementation of the RTE Act, several positive outcomes have been observed, particularly in terms of access to education. Some of the key achievements include:  Increased Enrollment: The RTE Act has led to a significant increase in the enrollment of children in schools, particularly among marginalized groups such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). According to government reports, 96.9% of children in the 6-14 age group are now enrolled in schools, which marks a notable achievement in the quest for universal education.  Reduction in Gender Gaps: The Act has played a crucial role in reducing the gender gap in education. Programs like Beti Bachao Beti Padhao have complemented the RTE Act’s objectives, leading to increased enrollment of girls, particularly in rural areas. The Gross Enrollment Ratio (GER) for girls has shown a significant improvement since the Act’s implementation. 16   25% Reservation in Private Schools: The provision requiring private schools to reserve 25% of their seats for economically disadvantaged children has promoted social inclusion and diversity in classrooms. It has enabled children from low-income families to receive quality education alongside children from more affluent backgrounds.  Improved School Infrastructure: The Act’s focus on minimum infrastructure standards has resulted in a marked improvement in the quality of school buildings and facilities, particularly in government schools. More schools now have access to clean drinking water, separate toilets for boys and girls, and basic amenities like playgrounds. 4. Government Initiatives to Strengthen Implementation Recognizing these challenges, the government has introduced several initiatives and schemes to strengthen the implementation of the RTE Act:  Samagra Shiksha Abhiyan: This integrated scheme, launched in 2018, aims to improve school education from preschool to class 12. It focuses on providing quality education and ensuring equity by improving school infrastructure, promoting digital learning, and addressing issues related to dropout rates.  Midday Meal Scheme: This scheme, which provides free meals to children in government schools, has been strengthened as a measure to improve school attendance, especially for children from disadvantaged backgrounds. It also addresses malnutrition and promotes better health outcomes among schoolchildren. 17  Case law Unni Krishnan, J.P. v. State of Andhra Pradesh (1993) Equivalent Citation: 1993 AIR 2178, 1993 SCR (1) 594 Date Of Judgment: 4th February 1993 Case No.: (1993) 1 SCC 645 Petitioner: Unni Krishnan J.P. Respondent: State Of Andhra Pradesh Introduction In the case of Unni Krishnan, the Court disagreed with the earlier judgment in Mohini Jain v. State of Karnataka (1992 AIR 1858) that asserted that the Constitution guaranteed the right to education at all levels. However, in the subsequent case of M.C. Mehta v. State of Tamil Nadu & Ors (1996) 6 SCC 756; AIR 1997 SC 699, the Supreme Court declared that Article 45 had attained the status of a fundamental right following the Constitutional Bench’s decision in Unni Krishnan. Furthermore, the Court clarified that to consider a right as a fundamental right, it is not necessary for it to be explicitly mentioned in Part III of the Constitution. The Court emphasised that the provisions of both Part III and Part IV are supplementary and complementary to each other. It rejected the notion that the rights outlined in the provisions of Part III take precedence over the moral claims and aspirations reflected in the provisions of Part IV. This signifies the interdependence and equal importance of both sets of provisions in the Indian Constitution. 18 Facts of the case The case of Unni Krishnan vs State of Andhra Pradesh challenged the Supreme Court’s decision in Mohini Jain v. State of Karnataka, 1992 AIR 858, 1992 SCR (3) 658. In this case, Mohini Jain, a non-Karnataka student, sought admission to a private medical college in Karnataka for the M.B.B.S. program. She was asked to pay Rs. 60,000 for the first year’s fees and provide a bank guarantee for the remaining years. Due to her inability to afford the tuition, she was denied admission. The college management insisted that she pay a capitation fee of Rs. 4,50,000 as a condition for admission. In response, Mohini filed a petition with the Supreme Court under Article 32, challenging the notification issued by the Karnataka Government and requesting admission on the same terms as Karnataka students admitted under “Government Seats.” The Court in Mohini Jain v. State of Karnataka emphasised that Parts III and IV of the Constitution are interrelated and unless the right to education outlined in Article 41 is actualised, the fundamental rights in Part III will remain beyond the reach of the illiterate majority. Article 21, which includes the right to live in dignity, was interpreted to imply that “the right to education flows directly from the right to life.” In simpler terms, the right to education is linked to the fundamental rights in Part II of the Constitution and the state bears the responsibility of providing free education at all levels. The Court in Mohini Jain v. State of Karnataka concluded that the Karnataka Government’s notification exceeded its legal authority. Mohini’s appeal was successful. Private institutions subsequently presented their case in court, arguing that following the Mohini Jain judgment would compel them to close their doors. 19 Issues Raised in Unni Krishnan Case The issues raised in Unni Krishnan v State of Andhra Pradesh were:  Does a citizen have a fundamental right to pursue a degree in medicine, engineering or another professional field?  Does India’s constitution guarantee its citizens a fundamental right to education?  Is it a fundamental right for a citizen to establish and manage an educational institution under Article 19(1)(g)?  Does the authorisation to establish an affiliation by a university impose an obligation on an educational institution to ensure fair treatment in student admissions? Petitioner’s Arguments The petitioners in Unni Krishnan vs State of Andhra Pradesh argued that it is the state’s duty to provide education to all residents, regardless of their social or financial background. They cited the Mohini Jain case, which had broadened the scope of the right to education. The petitioners contended that the state lacked the necessary educational infrastructure. They argued that developing such infrastructure could be seen as a violation of Article 19(1)(g) of the Constitution, which considers education as a business operation. They claimed that the state had inappropriately interfered in market dynamics, affecting supply and demand. According to the petitioners, establishing an educational institution is akin to launching any commercial venture, whether for profit or not. They believed that schools should have the freedom to independently collect fees and funding from students, with varying agreements like development, removal and diversity among institutions. Respondent’s Arguments The respondents in Unni Krishnan Case presented an affidavit outlining the state’s efforts to fulfill the obligations under Article 45 of the Constitution. They claimed that only children aged 14 or younger were covered by the state’s responsibility to provide free and compulsory education. 20 Judgement of Unni Krishnan vs State of Andhra Pradesh In Unni Krishnan vs State of Andhra Pradesh, certain private professional educational institutions challenged the constitutionality of state laws that regulated capitation fees charged by such institutions. The Supreme Court made the following key rulings:  The Court in Unni Krishnan vs State of Andhra Pradesh held that the right to basic education is implicit in the fundamental right to life (Article 21) when considered in conjunction with the directive principle on education (Article 41).  It was emphasised that the parameters of the right to education must be understood in the context of the Directive Principles of State Policy, particularly Article 45, which mandates that the state should strive to provide free and compulsory education for all children under the age of 14 within ten years from the commencement of the Constitution.  The Court in Unni Krishnan v. State of Andhra Pradesh ruled that there is no fundamental right to education for a professional degree derived from Article 21. However, it acknowledged that after 44 years since the Constitution’s enactment, the non-justiciable right to education of children under 14 had become enforceable under the law. Beyond the age of fourteen, the right to education is subject to the state’s economic capacity and development, as specified in Article 41.  Quoting Article 13 of the International Covenant on Economic, Social and Cultural Rights, the Court in Unni Krishnan Case stated that the state’s obligation to provide higher education requires it to take steps, to the extent of its available resources, to progressively realise the right to education through appropriate means for all. 21  Conclusion The 86th Amendment to the Constitution of India is a landmark in the country's legal and educational framework. By making education a fundamental right, it has empowered millions of children, especially from disadvantaged communities, to access formal schooling. However, the realization of this right is far from complete, with challenges related to infrastructure, teacher availability, and the quality of education. Future efforts must focus on addressing these gaps and ensuring that every child, regardless of socio-economic background, receives not just access to education but a meaningful, high-quality education that enables them to participate fully in India’s democratic and economic life. However, while the amendment and the Act have laid a strong foundation, several challenges persist. Issues such as the quality of education, teacher shortages, and infrastructural inadequacies continue to hinder the realization of the right to education. The complexity of implementing such a broad mandate underscores the need for ongoing efforts to address these challenges effectively. Looking forward, it is essential for policymakers, educators, and community stakeholders to collaborate in addressing the gaps identified. Enhancing teacher training, investing in school infrastructure, and ensuring effective monitoring and accountability mechanisms will be crucial in advancing the goals of the 86th Amendment. Additionally, expanding support for early childhood education and fostering community engagement can further strengthen the impact of the right to education. In conclusion, the 86th Amendment stands as a testament to India’s commitment to providing every child with the opportunity to receive an education. As the country continues to work towards achieving this vision, it is imperative to build on the successes achieved, address existing challenges, and ensure that the promise of free and compulsory education becomes a reality for every child. The journey towards universal education is ongoing, but with continued dedication and concerted efforts, the goals set by the 86th Amendment can be fully realized, contributing to a more just and equitable society for all. 22  Suggestion The 86th Amendment to the Constitution of India, which introduced Article 21A making the right to free and compulsory education a fundamental right, has been a significant step toward improving access to education. 1. Implementation Gaps While the Right to Education (RTE) Act, 2009 has been implemented across the country, there are still significant disparities in access to quality education, particularly in rural and marginalized communities. Suggestion: Greater focus should be placed on strengthening the implementation mechanisms at the grassroots level. This includes improving school infrastructure, teacher training, and ensuring accountability in the delivery of educational services. 2. Expanding the Age Range The current provision of free and compulsory education is limited to children between the ages of 6 to 14 years. Suggestion: Consider expanding the scope of Article 21A to include early childhood education (ages 3 to 6) and secondary education (ages 14 to 18). A comprehensive approach to education that covers early learning and high school could ensure better outcomes in terms of literacy, employability, and social mobility. 3. Addressing Inequality in Educational Access Despite the 25% reservation for economically weaker sections in private unaided schools under the RTE Act, inequality in education persists due to factors like poor implementation, lack of awareness, and social barriers. Suggestion: Stronger monitoring systems and awareness campaigns should be implemented to ensure that economically disadvantaged students can fully benefit from the provisions of the 86th Amendment. Additionally, providing support mechanisms such as transportation, nutrition, and remedial education can help bridge the gap. 23 4. Strengthening Accountability and Governance Corruption, inefficiency, and lack of accountability often hinder the effective implementation of educational policies. Suggestion: Establish stronger oversight and accountability mechanisms at local, state, and national levels to ensure that resources allocated for education are properly utilized. Digital platforms can be used to track progress and ensure transparency in funding and implementation. 24  Reference Webliography 1. www.gktoday.in (accessed on September 3, 2024) 2. www.india.gov.in (accessed on September 3, 2024) 3. www.education.gov.in (accessed on September 7, 2024) 4. blog.ipleaders.in (accessed on September 12, 2024) 25