Article 45 of the Costitution of India with Case law
Here is a detailed explanation of Article 45 of the Constitution of India along with important case law.
📜 Article 45 – Provision for Early Childhood Care and Education
Original (1950 version):
"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."
After the 86th Constitutional Amendment (2002), Article 45 was substituted as follows:
"The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."
🧠 Key Points about Article 45
Article 45 is part of the Directive Principles of State Policy (Part IV), meaning it is not enforceable by courts, but fundamental in the governance of the country.
The original Article 45 led to the eventual insertion of Article 21A (Right to Education) by the 86th Amendment.
The new Article 45 focuses on early childhood care (0–6 years), recognizing the importance of pre-school education.
⚖️ Important Case Laws Related to Article 45
1. Mohini Jain v. State of Karnataka (1992)
AIR 1992 SC 1858
Issue: Right to education as a fundamental right.
Judgment: The Supreme Court held that the right to education is implicit in the right to life under Article 21.
Relevance: Though based on Article 21, the Court referred to Article 45 as a guiding principle, stressing the importance of free education for children.
2. Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)
AIR 1993 SC 2178
Issue: Whether education is a fundamental right.
Judgment: Supreme Court held:
Right to education up to age 14 is a fundamental right (under Article 21).
Beyond that, it is subject to economic capacity of the State.
Relevance to Article 45: The Court directly relied on Article 45 (original version) to support its interpretation.
3. M.C. Mehta v. State of Tamil Nadu (1996)
AIR 1997 SC 699
Issue: Child labour and right to education.
Judgment: The Court emphasized that children must be provided education and care, referring to the State’s obligation under Article 45 to provide education and early care for children.
Directed the State to establish child-friendly workplaces and rehabilitation including education for child labourers.
4. Avinash Mehrotra v. Union of India (2009)
AIR 2009 SC 2322
Issue: Safety of children in schools.
Judgment: Supreme Court stressed the need for safe school infrastructure and connected it to the State’s responsibility under Articles 21, 21A, and 45 for children's care and education.
🧾 Related Constitutional Provisions
| Article | Provision |
|---|---|
| Article 21A | Right to free and compulsory education for children (6 to 14 years) – inserted by 86th Amendment |
| Article 39(e) & (f) | Protection of children against abuse and opportunities for healthy development |
| Article 45 | Early childhood care and education (0 to 6 years) – directive in nature |
| Article 46 | Promotion of educational and economic interests of weaker sections |
✅ Summary
| Feature | Description |
|---|---|
| Original Article 45 (1950) | Education for all children up to age 14 within 10 years |
| After 86th Amendment (2002) | Focus on early childhood care and education up to age 6 |
| Legal Status | Directive Principle (not enforceable in court) |
| Impact | Influenced judicial recognition of right to education as part of Article 21 |
| Key Cases | Mohini Jain, Unni Krishnan, M.C. Mehta, Avinash Mehrotra |
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