Article 51A – FUNDAMENTAL DUTIES & 86th Amendment Act, 2002

Our country India has the lengthiest written constitution in the world. In this, the rights of every person are kept in mind. However, the three organs of the State cannot make this country self-reliant until they get the proper support from the citizens as well. So there are certain fundamental duties which are expected from the citizens to be carried out. Fundamental duties are intended to serve as a constant reminder to every citizen that while the constitution specifically conferred on them certain Fundamental Rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behaviour because rights and duties are co-relative. It is fallacy to think that, under our constitution, there are only rights and no duties. These duties act as a reminder to all the citizens to be aware about their duties along with the privilege of rights.

Significance

❖ It serves as a constant reminder to the citizens while enjoying their rights, the citizens should be aware of their duties their nation and towards other citizens.

❖ These serve as a warning to the people against the anti-social activities that disrespect the nation like burning the flag, destroying the public property or disturbing public peace.

❖ These help in the promotion of a sense of discipline and commitment towards the nation. They help in realizing national goals by the active participation of citizens rather than mere spectators.

86th Amendment Act, 2002

In order to make the right to free and compulsory education a fundamental right, the Act inserts a new Article, namely Article 21A, which confers the right to free and compulsory education on all children aged between 6 and 14 years. The Law amends the Constitution in Part-III, Part -IV, and Part-IV (A). The Constitution 86th Amendment Act, 2002 enshrined right to education as a fundamental right in part-III of the constitution.

Change in Fundamental Rights

A new article 21A was inserted below the Article 21 which made Right to Education a Fundamental Right for children in the range of 6-14 years. This article 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”

Change in Fundamental Duties

 ❖ Article 51A was also amended the clause (k) was added which says:

❖ “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.”

❖ As per the above amendments, the 86th Amendment Act came up with the following:

❖ It made Right to Education a Fundamental Right for Children from Age 6-14.

❖ It made education for all children below 6 years a Directive Principle for State Policy (DPSP).

❖ It made the opportunities for education to child a Fundamental duty of the parents of the children.

❖ No child is liable to pay any kind of fee/ capitation fee/ charges. A collection of capitation fee invites a fine up to 10 times the amount collected.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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