Article 45 is a directive principle of state policy enshrined in Part IV of the Indian Constitution. As a DPSP, it guides the State in making laws and policies, aiming to establish a welfare state. It reflects the constitutional commitment towards ensuring the holistic development and foundational learning of young children.
Originally, Article 45 mandated the State to provide free and compulsory education for all children until they completed the age of fourteen years. However, with the enactment of the 86th Constitutional Amendment Act, 2002, this provision was significantly altered, elevating the right to education for children aged 6-14 to a Fundamental Right (Article 21A) and creating a corresponding Fundamental Duty (Article 51A(k)). Concurrently, Article 45 was substituted to specifically focus on early childhood care and education for children below the age of six years.
Original Text
The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
(Note: This text was substituted by the Constitution (Eighty-sixth Amendment) Act, 2002, sec. 3, for the original Article 45 which read: “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.”)
Detailed Explanation
Article 45, in its current form (post-86th Amendment, 2002), directs the State to make efforts towards providing early childhood care and education (ECCE) for children until they reach the age of six years. This means that the State is constitutionally obligated to strive to create provisions for the well-being, development, and initial learning of very young children.
The shift from focusing on compulsory education up to 14 years to specifically focusing on children below 6 years is significant. It acknowledges that the foundational years (0-6 years) are critical for a child’s cognitive, physical, social, and emotional development. ECCE is not just about pre-school education but encompasses comprehensive care, health, nutrition, and stimulating learning environments that prepare a child for formal schooling and life.
By placing this directive in Part IV (DPSP), Article 45 remains non-justiciable, meaning a citizen cannot approach a court to enforce the State’s compliance with this directive. However, it is considered fundamental in the governance of the country and the State has a moral and constitutional obligation to apply this principle in making laws. The 86th Amendment thus created a comprehensive framework for child education and development, covering different age groups through Article 21A (6-14 years, Right), Article 45 (0-6 years, DPSP), and Article 51A(k) (Duty of parents/guardians for 6-14 education).
Detailed Notes
- Part: IV (Directive Principles of State Policy - DPSP).
- Nature: Non-justiciable; a directive to the State.
- Directive: The State shall endeavour (strive/make efforts) to provide early childhood care and education (ECCE).
- Beneficiaries: All children until they complete the age of six years.
- Scope of ECCE: Generally includes care, health, nutrition, play, and learning activities appropriate for the age group, aiming for holistic development.
- Historical Context:
- Original Article 45: Prior to the 86th Amendment (2002), it mandated the State to provide free and compulsory education for all children until they complete 14 years, within 10 years of the Constitution’s commencement.
- 86th Amendment Act, 2002: This landmark amendment made three key changes: 1. Inserted Article 21A (Fundamental Right): Made free and compulsory education for children aged 6-14 years a Fundamental Right. 2. Substituted Article 45: Changed its focus from 6-14 years education to ECCE for children below 6 years. 3. Added Article 51A(k) (Fundamental Duty): Enjoined parents/guardians to provide educational opportunities to their child/ward between the age of 6 and 14 years.
- Significance of Current Article 45:
- Recognizes the critical importance of the early years (0-6) for overall development.
- Provides a constitutional basis for State intervention in early childhood care and education.
- Complements Article 21A by addressing the foundational stage before formal schooling.
- Guides policies related to Anganwadis, pre-schools, childcare centers, and health/nutrition programs for young children.
- Implementation: Relies on State efforts through various programs and policies, though not enforceable in courts.
Additional Comments
- The 86th Amendment reflects a maturity in constitutional thinking regarding child rights, bifurcating the State’s responsibility into justiciable (6-14) and non-justiciable (0-6) spheres while also involving parents/guardians (6-14 duty).
- While a DPSP, Article 45 forms the basis for significant government schemes like the Integrated Child Development Services (ICDS) which includes Anganwadi centers providing ECCE services, health check-ups, nutrition, and referral services for children below 6 and their mothers.
- The National Education Policy (NEP) 2020 places strong emphasis on strengthening Early Childhood Care and Education (ECCE) as the foundation for lifelong learning, directly aligning with the directive of Article 45.
- Effective implementation of Article 45 faces challenges related to funding, infrastructure development, training of ECCE providers, ensuring quality standards, and reaching marginalized populations.
- Article 45 is often read in conjunction with other constitutional provisions related to child welfare, health (Article 47), and fundamental rights (like Article 21 for life and personal liberty, which has been interpreted to include the right to live with dignity, implying basic needs like health and nutrition for children).
Summary
Article 45 of the Indian Constitution directs the State to strive to provide early childhood care and education for all children until they complete the age of six years. This provision, part of the Directive Principles of State Policy, was substituted by the 86th Amendment Act, 2002, which simultaneously made education for children aged 6-14 a Fundamental Right under Article 21A, thereby focusing Article 45 on the crucial foundational stage of development for younger children.