Early childhood care and education

Also called: Article 45 · Topic: Directive Principles and Fundamental Duties · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"

Meaning

Early childhood care and education (ECCE) is a Directive Principle in Article 45: "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years" [2][4]. The 86th Amendment Act, 2002 put this text in place of the old Article 45, after education for ages 6–14 became a Fundamental Right under Article 21A [2][3].

It matters because it is a clear case of a directive turning into a right. It also means the State still has a stated goal for children below six.

Explanation

What ECCE covers

• ECCE means health, nutrition, play and early learning for children below six.
• Article 45 covers ages 0–6 only. Ages 6–14 come under Article 21A.
• It is a Directive Principle of State Policy (DPSP). DPSPs are goals in Part IV (Articles 36–51) that guide the State when it makes laws and policy. India took the idea from the Irish Constitution of 1937.
• Scholars place Article 45 among the liberal-intellectual directives. These are directives based on modern, liberal ideas, such as education, science and the law.

Why the old Article 45 was replaced

• Original Article 45 (1950):
• The State should give free and compulsory education to all children up to age 14.

• It set a time limit of ten years from the start of the Constitution.

• The 86th Amendment Act, 2002 (dated 12 December 2002) added Article 21A: "free and compulsory education to all children of the age of six to fourteen years", in the way the State decides by law [2][3].

• Education for ages 6–14 became a Fundamental Right, which a court can enforce.
• This left Article 45 with nothing to do, so the same amendment substituted (replaced) it with the ECCE text [2].

Limits

• Article 45 is non-justiciable. A citizen cannot go to court to make the State provide ECCE.
• The words "shall endeavour" mean the State must try. They do not create a duty that a court can enforce.
• So children aged 6–14 have an enforceable right under Article 21A, but children below six have only a directive under Article 45.

In the Constitution and practice

• Where it sits: Article 45, Part IV (Directive Principles), in the form substituted by the 86th Amendment Act, 2002 [2].
• Three changes made by one amendment: the 86th Amendment changed three parts of the Constitution at the same time.
• It inserted Article 21A in Part III (Fundamental Rights).
• It substituted Article 45 in Part IV (Directive Principles).

• It amended Article 51A in Part IVA (Fundamental Duties) [5].

• How it is delivered:

• Through anganwadis (village childcare centres).

• Anganwadis run under the Integrated Child Development Services (ICDS) scheme, which began in 1975.

• How long it took: the original Article 45 hoped to give education to age 14 within ten years of 1950. Education became an enforceable right only in 2002, 52 years later.

Don't confuse with

• Article 21A: a Fundamental Right (Part III) to free and compulsory education for ages 6–14 that a court can enforce. Article 45 is a directive (Part IV) for children below six that a court cannot enforce.
• Original Article 45 (1950): free and compulsory education up to age 14, to be achieved within ten years. Today's Article 45 is about ECCE until age six.
• Article 51A (Fundamental Duties): the same 86th Amendment changed it, but it sets duties for citizens (Part IVA). Article 45 sets a goal for the State.
• Article 350A: teaching in the mother tongue at the primary stage for linguistic-minority children. It was added by the 7th Amendment, 1956, and sits in Part XVII, outside Part IV.

Prelims Hooks

• Article 45 today: ECCE for all children until they complete the age of six years [2][4]. Trap: it covers ages 0–6, not 6–14.
• The 86th Amendment Act, 2002 (12 December 2002) inserted Article 21A, substituted Article 45 and amended Article 51A [3][5].
• Original Article 45 (1950): free and compulsory education up to age 14, within ten years.
• Article 45 is a liberal-intellectual directive. It is grouped with Articles 44, 48 (modern farming part), 48A, 49, 50 and 51.
• ECCE is delivered through anganwadis under ICDS, which began in 1975.
• "Which amendment made ECCE a directive?" Answer: the 86th, 2002. It was not the 42nd, 1976.

Mains Points

• From directive to right: education to age 14 was meant to be reached by 1960. It became an enforceable right only in 2002 through Article 21A.
• This shows that a non-justiciable DPSP can later become an enforceable Fundamental Right.

• It also shows how slowly that can happen.

• A gap in protection below six: children aged 6–14 have a right, but children aged 0–6 have only a directive under Article 45.

• Whether ECCE actually reaches children depends on how well ICDS anganwadis work.

• This gives grounds to argue that ECCE should also become an enforceable right one day.

• Shared duty: by changing Articles 21A, 45 and 51A together, the 86th Amendment spread the responsibility for education.

• The right is in Part III, the State's goal is in Part IV and the citizen's duty is in Part IVA.
• This is a useful example for a GS-II answer on how rights, directives and duties work together.

Related concepts

• Liberal-intellectual principles
• Protection of environment and wildlife
• Protection of monuments
• Separation of judiciary from executive
• Promotion of international peace and security
• Directives outside Part IV

Read more

• Liberal-intellectual directives, amendments and directives outside Part IV