Article 45 of the Indian Constitution
Article 45 of the Indian Constitution deals with free and compulsory education for children and forms an essential part of the Directive Principles of State Policy (DPSPs). It highlights the vision of the framers of the Constitution to build a society where education becomes accessible to every child, ensuring equal opportunities for all. Over the years, Article 45 has undergone significant changes, especially after the 86th Constitutional Amendment Act, 2002, which made free and compulsory education a fundamental right under Article 21A.
In this blog post, we will discuss the meaning, objectives, evolution, amendments, challenges, and impact of Article 45 in detail.
Meaning of Article 45
Originally, Article 45 stated:
"The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years."
This shows that the framers of the Constitution envisioned a system where every child in India, irrespective of caste, religion, gender, or economic background, would have access to free education. It was placed under the Directive Principles of State Policy, meaning it was not legally enforceable but acted as a guiding principle for the government to frame educational policies.
However, due to various socio-economic challenges, India failed to achieve this goal within the initial 10-year target (by 1960). Recognizing this, several policy reforms and legislations were introduced in later years to make elementary education accessible to all.
Historical Background of Article 45
During the Constituent Assembly debates, education was seen as a powerful tool for achieving social and economic equality. Leaders like Dr. B.R. Ambedkar, K.T. Shah, Maulana Azad, and Jawaharlal Nehru emphasized the importance of universal education in building a modern, progressive nation.
However, due to financial constraints and the vast diversity in India’s population, the Assembly decided to place Article 45 under Directive Principles rather than Fundamental Rights. The expectation was that once the country stabilized economically, the State would take active steps to make free and compulsory education a reality.
Objectives of Article 45
The primary objectives of Article 45 are:
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Universal Access to Education – To ensure that every child between the ages of 6 to 14 years has the right to receive free education.
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Promote Social Equality – Education was seen as a means to remove inequalities based on caste, religion, and economic status.
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Development of Human Resources – By educating children, India aimed to develop a skilled, informed, and empowered population.
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Encouragement of National Integration – A common education policy would foster unity and reduce socio-economic gaps.
Article 45 thus reflects the commitment of the Indian State to build a knowledge-based society and empower future generations.
The 86th Constitutional Amendment Act, 2002
One of the most significant changes to Article 45 came with the 86th Amendment Act of 2002. This amendment made education a fundamental right and restructured Article 45.
Key Changes Introduced by the Amendment:
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Introduction of Article 21A: It declared that free and compulsory education is a fundamental right for all children aged 6 to 14 years.
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Modification of Article 45: After the amendment, Article 45 focused on providing early childhood care and education for children below six years of age.
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Insertion of Article 51A(k): It placed a fundamental duty on parents and guardians to provide educational opportunities to their children.
Revised Article 45 now states:
"The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."
This change shifted the responsibility of elementary education to Article 21A, while Article 45 began focusing on pre-primary education and early childhood development.
Role of the Right to Education Act (RTE), 2009
Following the 86th Amendment, the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) was enacted to implement Article 21A effectively. This Act came into effect on 1st April 2010 and provided a legal framework for free and compulsory education.
Key Features of the RTE Act:
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Free and compulsory education for all children aged 6 to 14 years.
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Reservation of 25% seats in private schools for children from economically weaker sections.
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Establishment of norms for school infrastructure, teacher qualifications, and curriculum.
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Prohibition of physical punishment, mental harassment, screening procedures, and capitation fees.
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Responsibility of both the central and state governments to ensure effective implementation.
The RTE Act transformed the spirit of Article 45 into a legally enforceable right, ensuring that education became a priority for all.
Importance of Article 45
Article 45 plays a crucial role in shaping India’s educational framework. Its significance can be understood from the following points:
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Promotes Equality: It aims to reduce the education gap between privileged and underprivileged sections of society.
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Empowers Marginalized Communities: By making education accessible, Article 45 benefits disadvantaged groups, including Dalits, tribals, and economically weaker sections.
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Strengthens Democracy: An educated population is better equipped to participate in the democratic process.
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Boosts Economic Development: Universal education creates a skilled workforce, driving innovation and economic growth.
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Improves Social Awareness: Education encourages awareness of rights, duties, and social responsibilities among citizens.
Challenges in Implementing Article 45
Despite several policies and laws, India still faces challenges in achieving the objectives of Article 45:
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High Dropout Rates – Many children leave school due to poverty, lack of interest, or social pressures.
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Poor Infrastructure – A large number of government schools lack proper classrooms, toilets, libraries, and teaching materials.
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Teacher Shortages – Inadequate teacher-to-student ratios affect the quality of education.
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Socio-economic Inequality – Children from poor families, rural areas, and marginalized communities still face barriers to accessing education.
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Quality of Education – Even when children attend schools, the learning outcomes are often poor due to outdated teaching methods.
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Implementation Gaps – Many states struggle to implement the RTE Act effectively due to budgetary constraints.
Government Initiatives to Strengthen Article 45
The government has introduced several schemes and programs to improve the reach and quality of education under Article 45:
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Sarva Shiksha Abhiyan (SSA) – Launched in 2001 to universalize elementary education.
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Mid-Day Meal Scheme – Provides free meals to schoolchildren to improve attendance and nutrition.
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Beti Bachao Beti Padhao – Encourages girl child education and empowerment.
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Samagra Shiksha Abhiyan – Integrates various school education schemes for holistic learning.
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Digital India Initiatives – Expands online learning resources and promotes digital literacy.
These programs aim to ensure that no child is left behind in receiving basic education.
Judicial Interpretations of Article 45
Indian courts have played a significant role in strengthening Article 45 and the right to education:
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Mohini Jain v. State of Karnataka (1992) – The Supreme Court held that the right to education is a fundamental right under Article 21.
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Unnikrishnan v. State of Andhra Pradesh (1993) – The Court ruled that the right to free education is available to children up to 14 years of age.
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Society for Unaided Private Schools v. Union of India (2012) – Upheld the constitutional validity of the RTE Act, mandating private schools to reserve 25% seats for disadvantaged children.
These judgments laid the foundation for the 86th Amendment and the RTE Act, giving Article 45 greater legal strength.
Impact of Article 45 on Indian Society
Article 45 has significantly influenced India’s educational policies and social progress:
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Increase in Literacy Rates – India’s literacy rate has improved drastically since independence.
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Greater Social Mobility – Education has opened doors of opportunity for millions, reducing caste and class barriers.
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Empowerment of Women – Special focus on girl child education has promoted gender equality.
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Economic Growth – A more educated population has contributed to India’s rise as a global economic power.
While challenges remain, Article 45 has paved the way for inclusive development and has laid the foundation for a knowledge-driven society.
Conclusion
Article 45 of the Indian Constitution has evolved from a directive principle into a cornerstone of India’s educational policy. What started as a non-enforceable goal in 1950 has transformed into a legal right after the 86th Constitutional Amendment and the Right to Education Act, 2009.
However, the vision of the Constitution’s framers remains incomplete until every child, regardless of background, has access to quality education. The State must continue its efforts to address issues like dropout rates, poor infrastructure, inequality, and learning gaps.
Education is not just a constitutional right—it is the foundation of a strong democracy and the backbone of national development. Article 45 continues to remind us of the collective responsibility to ensure that no child is left behind in the pursuit of knowledge and empowerment.
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