Through which Amendment of Constitution education has become fundamental right ?

Question

Accepted Answer

The correct answer is Option 3, the $86^{th}$ Amendment. Here's a detailed explanation:

**Justification for Option 3 ($86^{th}$ Amendment):**

The **$86^{th}$ Amendment Act, 2002**, is the landmark amendment that made education a fundamental right in India. It achieved this by:

1.  **Inserting Article 21A:** This new article was added to Part III (Fundamental Rights) of the Constitution. Article 21A 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." This explicitly made the right to education for children aged 6 to 14 a justiciable fundamental right.
2.  **Modifying Article 45:** Before this amendment, Article 45 (a Directive Principle of State Policy) aimed for free and compulsory education for all children until they complete the age of fourteen years. The $86^{th}$ Amendment substituted the original Article 45 with a new one, which now states: "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years." The focus for children aged 6-14 was shifted to Article 21A.
3.  **Adding a new Fundamental Duty (Article 51A(k)):** This amendment also added a new clause (k) to Article 51A (Fundamental Duties), which states that it shall be the duty of every citizen of India "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."

Thus, the $86^{th}$ Amendment comprehensively addressed the right to education, elevating it to a fundamental right and placing corresponding duties on the state and parents/guardians.

**Why other options are incorrect:**

*   **Option 1 ($22^{nd}$ Amendment):** The $22^{nd}$ Amendment Act, 1969, was related to the reorganization of Assam. It facilitated the creation of an autonomous state of Meghalaya within Assam and made provisions for its legislature and council of ministers. It has no connection to making education a fundamental right.

*   **Option 2 ($25^{th}$ Amendment):** The $25^{th}$ Amendment Act, 1971, primarily aimed to overcome judicial interpretations regarding compensation for acquired property and to give precedence to certain Directive Principles over Fundamental Rights. It inserted Article 31C, which stated that no law giving effect to the policy of the State towards securing the principles specified in clause (b) or clause (c) of Article 39 shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14, Article 19 or Article 31. This amendment did not deal with education as a fundamental right.

*   **Option 4 ($52^{nd}$ Amendment):** The $52^{nd}$ Amendment Act, 1985, is popularly known as the Anti-defection Law. It added the Tenth Schedule to the Constitution, which lays down the provisions for disqualification of Members of Parliament and State Legislatures on the ground of defection from one political party to another. This amendment has no relation to education or fundamental rights.