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In Unnikrishnan v. State of Andhra Pradesh (1993), the Supreme Court held that right to education up to age 14 is a fundamental right implicit in Article 21, which later led to the insertion of Article ______ through the 86th Constitutional Amendment Act, 2002 making education for children aged 6-14 a Fundamental Right.
- 21A
- 21B
- 45
- 46
Answer: 21A
Unnikrishnan (1993) right to education evolution: (a) Context: Challenge to capitation fees, commercialization of medical/engineering education; broader issue of right to education, (b) Supreme Court holding: (i) Right to education up to age 14 is fundamental right implicit in Article 21 (right to life and personal liberty), (ii) Education beyond age 14 subject to State's economic capacity, (iii) Private educational institutions subject to reasonable regulation to prevent commercialization, (c) Constitutional amendment: (i) 86th Amendment (2002): Inserted Article 21A making education for children aged 6-14 a Fundamental Right, (ii) Modified Article 45: Early childhood care and education for children below age 6, (iii) Added Fundamental Duty (Article 51A(k)): Parents/guardians to provide opportunities for education to children aged 6-14, (d) Applications: (i) RTE Act, 2009: Operationalizes Article 21A with norms for infrastructure, teacher qualifications, 25% reservation in private schools, (ii) Judicial oversight: Courts monitor implementation of RTE, address violations, (iii) Illustrates judicial legislation prompting constitutional amendment: Court's recognition of right to education led to constitutional entrenchment, (e) Rationale: (i) Dignity: Education essential for human dignity, autonomy, democratic participation, (ii) Equality: Education reduces social inequalities, enables substantive equality, (iii) Development: Educated citizens essential for economic growth, social progress, (f) Illustrates transformative constitutionalism: Judicial interpretation prompting constitutional amendment; Article 21 expanded to include education as foundation for realizing other rights.