Article 45

Article 45 of the Indian Constitution is a cornerstone of India’s commitment to universal education and social development. As part of the Directive Principles of State Policy (DPSPs) in Part IV of the Constitution, it directs the State to provide free and compulsory education for all children until they complete the age of fourteen years. Education, being the foundation of human development and empowerment, was recognised by the framers of the Constitution as essential for building a just and equitable society.

Historical Background and Constitutional Context

At the time of independence, India faced severe challenges in literacy and educational infrastructure. The literacy rate in 1951 stood at merely 18.3 per cent, reflecting the urgent need for government-led educational reform. The Constituent Assembly, therefore, included Article 45 as a part of the Directive Principles to guide the State in ensuring access to education for every child.
The provision originally stated that the State shall endeavour to provide, within ten years from the commencement of the Constitution, free and compulsory education for all children up to the age of fourteen years. The ten-year target, however, remained unfulfilled due to financial, infrastructural, and administrative constraints.
Recognising the continuing importance of universal education, Article 45 was later amended by the 86th Constitutional Amendment Act of 2002, which also introduced Article 21A, making the right to education a fundamental right for children aged six to fourteen years. After this amendment, Article 45 was rephrased to focus on early childhood care and education for children below six years of age.

Text and Present Provision

As amended by the 86th Constitutional Amendment Act, 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.”
Thus, while Article 21A guarantees free and compulsory education for children aged 6 to 14, Article 45 ensures that children below six years receive proper early childhood care and education, thereby linking pre-primary education with the broader goal of universal schooling.

Objectives and Significance

The objectives of Article 45 are twofold:

1. To ensure free and compulsory education for children, thereby eliminating illiteracy and enabling equal opportunity.
2. To promote early childhood care, ensuring that children below six years receive adequate nutrition, healthcare, and educational foundation.

Education is viewed not merely as a legal entitlement but as a social responsibility of the State, essential for achieving equality, economic progress, and democratic participation.

Judicial Interpretation and Landmark Judgments

The Indian judiciary has played a pivotal role in interpreting Article 45 and expanding the scope of the right to education as an essential component of the right to life under Article 21.

• Mohini Jain v. State of Karnataka (1992): The Supreme Court held that the right to education is a fundamental right under Article 21, as it is essential to lead a life of dignity and freedom.
• Unni Krishnan J.P. v. State of Andhra Pradesh (1993): This landmark judgment reaffirmed that the right to education flows directly from the right to life and mandated that the State must provide free education to all children up to 14 years of age.
• Bandhua Mukti Morcha v. Union of India (1984): The Court linked the right to education with the right against exploitation, stating that education helps prevent child labour and empowers children to live with dignity.
• Environmental and Consumer Protection Foundation v. Delhi Administration (2012): The Court directed governments to ensure basic infrastructure in all schools, including sanitation, drinking water, and proper classrooms, as part of the right to education.

Through these judgments, the judiciary transformed Article 45 from a non-justiciable directive into a judicially enforceable obligation under the broader ambit of Article 21.

Legislative Framework and Implementation

To give effect to Article 45 and Article 21A, Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which came into force on 1 April 2010.
Key features of the RTE Act include:

• Free and compulsory education for all children aged 6 to 14 years in neighbourhood schools.
• Prohibition of discrimination and corporal punishment.
• Establishment of norms for infrastructure, teacher-student ratio, and quality of education.
• Reservation of 25% of seats in private schools for children from economically weaker sections.
• Accountability of State and local authorities in ensuring enrolment and retention of students.

Additionally, schemes such as the Sarva Shiksha Abhiyan (SSA) and National Education Policy (NEP) 2020 have been introduced to achieve the objectives of universal education and quality learning outcomes.

Implementation Challenges

Despite significant legislative and policy efforts, several challenges hinder the complete realisation of the goals of Article 45:

• Infrastructure Deficiencies: Many government schools lack adequate facilities, classrooms, and sanitation.
• Teacher Shortages: Insufficient teacher recruitment and uneven distribution affect educational quality.
• Dropout Rates: Economic hardship, social barriers, and child labour contribute to high dropout rates in certain regions.
• Quality of Education: Learning outcomes remain below desired levels, particularly in rural areas.
• Early Childhood Care Gaps: Limited access to quality pre-school education, especially in underprivileged communities.

These challenges highlight the need for continuous policy reforms and effective monitoring mechanisms to ensure that every child receives equitable and quality education.

Relation with Other Constitutional Provisions

Article 45 works in conjunction with several other provisions aimed at promoting education and social welfare:

• Article 21A: Provides the fundamental right to free and compulsory education for children aged 6–14 years.
• Article 46: Directs the State to promote educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
• Article 41: Emphasises the right to work and education within the limits of the State’s economic capacity.
• Article 51A(k): Imposes a fundamental duty on parents and guardians to provide opportunities for education to their children.

Together, these provisions create a comprehensive constitutional framework for achieving universal education and social justice.

International Commitments

India’s commitment to universal education also aligns with several international conventions and goals, including:

• Universal Declaration of Human Rights (1948) – Article 26 recognises education as a basic human right.
• UN Convention on the Rights of the Child (1989) – Mandates free and compulsory primary education for all children.
• Sustainable Development Goal 4 (2015–2030): Seeks to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.

Through these international commitments, India reaffirms its constitutional vision of education as a global and moral obligation.

Current Status and Government Initiatives

Over the decades, India has made remarkable progress in expanding access to education:

• The Gross Enrolment Ratio (GER) for primary education has significantly increased.
• The National Education Policy (NEP) 2020 emphasises universal access to education, early childhood care, and curriculum reforms to improve learning outcomes.
• Integrated Child Development Services (ICDS) and Anganwadi Centres provide nutrition and pre-school education to children below six years, fulfilling the objectives of the revised Article 45.

However, continuous efforts are required to ensure quality, inclusivity, and retention in education.

Significance of Article 45 in Nation-Building

Article 45 holds immense significance in India’s democratic and developmental journey. It:

• Lays the foundation for equality: Education eliminates social and economic barriers, empowering marginalised communities.
• Strengthens democracy: An educated population is essential for participatory governance and informed citizenship.
• Promotes national development: Education enhances productivity, innovation, and socio-economic progress.
• Ensures human dignity: By equipping individuals with knowledge and skills, it upholds the right to live with dignity and self-respect.

Thus, Article 45 is not merely a directive but a moral and constitutional imperative for ensuring justice, equality, and progress.

Conclusion

Article 45 of the Indian Constitution represents the State’s enduring commitment to education as a fundamental human right and a cornerstone of national development. Although initially non-enforceable, judicial interpretation and subsequent constitutional amendments have transformed it into a legally binding obligation under Article 21A.