📌 Context: The 86th Amendment shifted the obligation of free & compulsory education for ages 6–14 to a new Fundamental Right (Article 21A). Article 45 now focuses on early childhood care & education (ECCE) for children below 6 years. This change marked a landmark moment in India’s constitutional evolution, prioritizing foundational learning.
Article 45 originally was part of the Directive Principles of State Policy (Part IV) — non-justiciable but fundamental in governance. For decades, it served as a guiding star for universal elementary education. In 2002, Parliament passed the 86th Amendment Act, inserting Article 21A (Right to Education for ages 6-14) and transforming Article 45 to emphasize pre-primary foundation. The landmark Right of Children to Free and Compulsory Education (RTE) Act, 2009 gave force to Article 21A, making education a fundamental right.
Post-86th Amendment, Article 45 mandates the state to ensure early childhood care and education for all children below six years. This includes:
In recent judgments, the Supreme Court has reinforced that Article 45 along with Article 21A must be read harmoniously to guarantee equitable access to quality early learning, especially for marginalized communities.
Unni Krishnan v. State of A.P. (1993): Declared that right to education up to age 14 is a fundamental right emanating from Article 21, paving the way for the 86th Amendment.
Society for Unaided Schools v. State of Rajasthan (2021): Reaffirmed state’s duty under Article 45 to provide early childhood infrastructure.
The Right to Education Act, 2009 operationalizes Article 21A, while Article 45 now pushes for universal pre-primary coverage. NEP 2020 aims to achieve 100% ECCE access by 2030 with a strong curriculum framework. India’s commitment to SDG 4.2 (quality early childhood development) directly flows from constitutional duty under Article 45.
Since the 86th Amendment, enrollment in elementary education has crossed 98% (U-DISE+). ECCE coverage increased from 33% to nearly 65% in a decade. Article 45 remains central to policy discourse on Foundational Literacy and Numeracy (FLN) mission.
📢 SEO Insights: Article 45 & RTE Act define India's educational framework — Explore original text & judicial meaning.