Updated: August 2026 · GS-II Polity & Social Justice
Article 45
Early Childhood Care and
Education for Children
Below Six Years
Article 45 is unique in Part IV: it is the only Directive Principle that has been completely substituted. The original Article carried the Constitution's only deadline — free and compulsory education for all children up to fourteen, within ten years of commencement. That deadline expired in 1960, unmet. The 86th Amendment of 2002 then moved the 6–14 promise into Article 21A as a Fundamental Right, and rewrote Article 45 to cover early childhood care and education for children below six.
Operation
Substituted, not amended
By
86th CAA, 2002 · s.3
In force from
1 April 2010
New coverage
Below 6 years
Article 45 — Bare Text, Before and After
Explanation — What Changed and Why
ORIGINAL ARTICLE 45 (1950–2010)
- Age group: all children up to fourteen years
- Content: free and compulsory education
- Deadline: within ten years of commencement — the only time limit anywhere in Part IV
- Status: non-justiciable directive
- Outcome: the 1960 deadline passed unmet
SUBSTITUTED ARTICLE 45 (2010 onward)
- Age group: all children below six years
- Content: early childhood care and education — care is now named alongside education
- Deadline: none
- Status: still a non-justiciable directive
- Complement: the 6–14 promise moved up into Article 21A as a Fundamental Right
📌 The single most important point about Article 45
The substitution was not a retreat — it was a division of labour. The 6–14 age group was upgraded from a directive to a Fundamental Right (Article 21A), and Article 45 was freed to cover the age group nobody had been responsible for: the under-sixes.
Before 2010: one Article, ages 0–14, non-justiciable, undelivered.
After 2010: Article 21A for ages 6–14 (enforceable) + Article 45 for ages 0–6 (directive) + Article 51A(k), the parental duty.
An answer that describes the change as "dilution" misreads it. The correct description is bifurcation with an upgrade.
Why the under-six age group matters
- Roughly 85% of cumulative brain development occurs before the age of six — the period the original Article 45 covered on paper but no scheme covered in practice.
- The National Education Policy 2020 restructured school education as 5+3+3+4, with a Foundational Stage covering ages 3 to 8 — three years of pre-school plus Classes I and II. This straddles Article 45 and Article 21A, and is why the two must be read together.
- Article 45 is also the constitutional anchor for Anganwadi services, which had existed since 1975 without a dedicated Article of their own.
The 86th Amendment — The Full Package
86th CAA
2002
2002
The Constitution (Eighty-sixth Amendment) Act, 2002. It received assent in December 2002 but was brought into force only on 1 April 2010 — the same day the Right to Education Act, 2009 commenced.
Section 2 — inserted Article 21A (Part III): free and compulsory education for all children aged 6 to 14 as a Fundamental Right.
Section 3 — substituted Article 45 (Part IV): early childhood care and education for children below six.
Section 4 — amended Article 51A, inserting clause (k) (Part IVA): a Fundamental Duty on every parent or guardian to provide opportunities for education to a child between 6 and 14.
Three Parts of the Constitution amended by one Act — Part III, Part IV and Part IVA.
Section 2 — inserted Article 21A (Part III): free and compulsory education for all children aged 6 to 14 as a Fundamental Right.
Section 3 — substituted Article 45 (Part IV): early childhood care and education for children below six.
Section 4 — amended Article 51A, inserting clause (k) (Part IVA): a Fundamental Duty on every parent or guardian to provide opportunities for education to a child between 6 and 14.
Three Parts of the Constitution amended by one Act — Part III, Part IV and Part IVA.
Original Art. 45
Ages 0–14 · 10-year deadline → Art. 21A
Ages 6–14 · Fundamental Right + New Art. 45
Below 6 · ECCE + Art. 51A(k)
Parental duty · 6–14
Ages 0–14 · 10-year deadline → Art. 21A
Ages 6–14 · Fundamental Right + New Art. 45
Below 6 · ECCE + Art. 51A(k)
Parental duty · 6–14
📌 Two dates that must not be confused
The 86th Amendment was enacted in 2002 but came into force on 1 April 2010 — an eight-year gap, because the Government waited until the enabling legislation, the RTE Act, 2009, was ready. Questions frequently pair "86th Amendment" with "2002" and ask whether Article 21A was operative from that year. It was not.
Judicial Background
| Case | Holding |
|---|---|
| Mohini Jain v. State of Karnataka (1992) | Held the right to education to flow directly from the right to life under Article 21, and struck down capitation fees. A wide formulation, refined the following year. |
| Unni Krishnan v. State of Andhra Pradesh (1993) | The pivotal case. Held that the right to education flows from Article 21 read with Articles 41, 45 and 46, and drew a line by reference to the original Article 45: education is a fundamental right up to fourteen years; beyond that age it is subject to the State's economic capacity under Article 41. This reasoning led directly to the 86th Amendment. |
| Ashoka Kumar Thakur v. Union of India (2008) | While upholding OBC reservation in higher education, members of the Bench observed that the under-six age group must not be neglected, and that Article 45 as substituted casts a real obligation on the State to provide early childhood care and education. |
| Society for Un-aided Private Schools of Rajasthan v. Union of India (2012) | Upheld the RTE Act, 2009 including the 25% reservation for children from disadvantaged groups in private unaided schools, as a valid means of giving effect to Article 21A. Held not applicable to unaided minority institutions. |
| Pramati Educational and Cultural Trust v. Union of India (2014) | A Constitution Bench held that the RTE Act, including the 25% quota, does not apply to minority institutions, whether aided or unaided, in view of Article 30(1). |
The State's obligation does not begin at the school gate. If the first six years shape the child who arrives at Class I, then Article 45 is not a lesser provision than Article 21A — it is the one that determines whether Article 21A can succeed. — Legacy IAS Faculty
Government Schemes Implementing Article 45
| Scheme / Framework | Year | Content |
|---|---|---|
| Anganwadi Services (formerly ICDS), now under Mission Saksham Anganwadi and Poshan 2.0 | 1975 | The backbone of Article 45. Six services delivered in an integrated manner to children under six and to pregnant and lactating women, of which ECCE is one — alongside supplementary nutrition, immunisation, health check-up, referral services and nutrition and health education. |
| National ECCE Policy | 2013 | India's first dedicated ECCE policy. Recognises early childhood care and education as an indispensable foundation for lifelong development, and as the most cost-effective way to break the intergenerational cycle of disadvantage. Accompanied by a National ECCE Curriculum Framework and quality standards. |
| National Education Policy 2020 and the National Curriculum Framework for the Foundational Stage, 2022 | 2020 / 2022 | Restructured schooling as 5+3+3+4, creating a Foundational Stage for ages 3 to 8. Sets the goal of universal access to quality ECCE and of achieving foundational literacy and numeracy for all children by the target year. |
| NIPUN Bharat | 2021 | National Initiative for Proficiency in Reading with Understanding and Numeracy — a mission for foundational literacy and numeracy by the end of Grade 3, under Samagra Shiksha. Bridges Article 45's ECCE stage into Article 21A's school stage. |
| Poshan Bhi Padhai Bhi (PBPB) | Launched 10 May 2023 | The flagship capacity-building programme to convert Anganwadi Centres into high-quality pre-schools while retaining their nutrition role. Trains Anganwadi Workers in play-based, activity-based ECCE pedagogy and in nutrition service delivery. |
| Navchetana — National Framework for Early Childhood Stimulation, birth to 3 years | March 2024 | For the 0–3 group. Built on the principles of "serve and return" and the caregiver's three acts — love, talk, play — plus positive guidance. Delivered largely through structured home visits by Anganwadi Workers. |
| Aadharshila — National Curriculum for ECCE, 3 to 6 years | March 2024 | For the 3–6 group. Competency-based lesson plans covering physical, cognitive, social and emotional domains, with a weekly play-based calendar, activity compendium and assessment tools. Both Navchetana and Aadharshila are available in 12 Indian languages. |
| Poshan Tracker and monthly ECCE Day | Ongoing | Daily learning prompts pushed to Anganwadi Workers — videos, voice notes and activity PDFs mapped to Aadharshila and Navchetana. A fixed monthly ECCE Day is observed at every Anganwadi Centre for parental and community engagement. |
| Vidyarambh ECCE Certificate and Balvatika | Recent | Vidyarambh certifies a child's readiness on transition from Anganwadi to Grade I. Balvatika provides pre-primary classes in Kendriya Vidyalayas and other schools, aligning the Foundational Stage. |
| Palna — National Crèche Scheme, under Mission Shakti | Ongoing | Anganwadi-cum-Crèche centres providing day-care for children of working mothers — the care limb of "early childhood care and education". |
Implementation Data
10.58 lakhAnganwadi Workers trained in Round-1 under Poshan Bhi Padhai Bhi as on 31 March 2026, along with 41,645 State Level Master Trainers
Nov 2025Round-2 of PBPB training commenced, reinforcing ECCE pedagogy, nutrition and Poshan Tracker features
12 languagesNavchetana and Aadharshila are available in Assamese, Bengali, English, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi, Tamil and Telugu
249 videosAadharshila-based learning prompts on Poshan Tracker for ages 3–6, with 190 voice notes and 159 activity PDFs
140 activitiesNavchetana-based early stimulation activities for ages 0–3, supporting structured home visits
₹476 croreSanctioned for PBPB training of master trainers and Anganwadi Workers across FY 2023–24 to FY 2025–26
Persistent Challenges
- Article 45 remains non-justiciable. Unlike the 6–14 group, children below six have no enforceable right to care or education — the very group whose developmental window is narrowest.
- Nutrition crowds out education. Anganwadi Centres were designed around supplementary nutrition; ECCE has historically been the least resourced of the six services, which is what PBPB, Aadharshila and Navchetana are designed to correct.
- Anganwadi worker burden. Workers carry nutrition, immunisation support, growth monitoring, survey and now ECCE duties, largely as honorarium-based functionaries rather than regular employees.
- Infrastructure gaps. Many centres lack their own building, drinking water, toilets or learning materials.
- The private pre-school sector is unregulated. A large share of urban under-sixes attend unrecognised private pre-schools with no curriculum standards, no teacher qualification norms and no fee regulation — outside both the RTE Act and the ECCE framework.
- Downward extension of formal schooling. Early introduction of writing and rote learning in private pre-schools runs against the play-based approach Aadharshila prescribes.
- The 0–3 group. Navchetana is new, and home-visit-based delivery for infants and toddlers is the hardest component to scale and monitor.
Article 45 at a Glance — Mind Map
Article 45 · ECCE Below Six
Original (1950)Free and compulsory education, all children up to 14, within 10 years — the only deadline in Part IV
Present (2010)Early childhood care and education for all children until they complete six years · no deadline
AmendmentSubstituted by 86th CAA, 2002, s.3, w.e.f. 1 April 2010
86th CAA packages.2 → Art. 21A (6–14, Fundamental Right) · s.3 → Art. 45 substituted · s.4 → Art. 51A(k) parental duty
Not a dilution6–14 upgraded to a Fundamental Right; Art. 45 freed to cover the under-sixes
CasesMohini Jain (1992) · Unni Krishnan (1993) · Ashoka Kumar Thakur (2008) · Society for Un-aided Schools (2012) · Pramati (2014)
DeliveryAnganwadi Services (1975) under Saksham Anganwadi and Poshan 2.0 · Palna crèches
FrameworksNational ECCE Policy 2013 · NEP 2020 5+3+3+4 · NCF Foundational Stage 2022 · NIPUN Bharat 2021
CurriculaNavchetana (0–3) and Aadharshila (3–6), both March 2024 · PBPB from 10 May 2023
Prelims Traps to Guard Against
- Article 45 was substituted, not merely amended — it is the only Directive Principle to have been wholly replaced.
- The original Article 45 carried a ten-year deadline — the only time limit in Part IV — which expired in 1960 unmet.
- The present Article 45 covers children below six; Article 21A covers ages 6 to 14.
- The 86th Amendment was enacted in 2002 but came into force on 1 April 2010, along with the RTE Act, 2009.
- The 86th Amendment amended three Parts — Part III (Art. 21A), Part IV (Art. 45) and Part IVA (Art. 51A(k)).
- Article 51A(k) is a Fundamental Duty on the parent or guardian, covering ages 6 to 14 — the same band as Article 21A, not the under-sixes.
- Article 45 now names "care and education", not education alone.
- NEP 2020's Foundational Stage covers ages 3 to 8, so it straddles Article 45 and Article 21A.
- Navchetana is for 0–3; Aadharshila is for 3–6. Both were launched in March 2024 by the Ministry of Women and Child Development.
- Poshan Bhi Padhai Bhi was launched on 10 May 2023, under Saksham Anganwadi and Poshan 2.0.
- ECCE is one of the six services delivered under the Anganwadi Services scheme.
Mains Angle
Question (GS-II, 15 marks, 250 words): "The 86th Amendment made education a Fundamental Right for children aged six to fourteen, and left those below six with a directive. Examine the constitutional logic of this division and the adequacy of India's early childhood care and education framework."
Structure the answer around three pivots:
- The constitutional restructuring.
The original Article 45 covered ages 0–14 with a ten-year deadline — the only one in Part IV — which lapsed in 1960.
Unni Krishnan (1993) read Article 21 with Articles 41, 45 and 46 to make education a fundamental right up to fourteen, producing the 86th Amendment, 2002 — in force 1 April 2010.
Result: Article 21A (6–14, enforceable), Article 45 (below 6, directive), Article 51A(k) (parental duty). This is bifurcation with an upgrade, not dilution. - What has been built for the under-sixes.
Delivery: Anganwadi Services since 1975, now under Saksham Anganwadi and Poshan 2.0, with ECCE as one of six services; Palna crèches.
Frameworks: National ECCE Policy 2013, NEP 2020 and the NCF Foundational Stage 2022 creating a 3–8 Foundational Stage.
Recent: PBPB (2023), Navchetana and Aadharshila (2024), with over 10.5 lakh Anganwadi Workers trained by March 2026. - Where the gap remains.
Legal: the under-sixes have no enforceable right — the group with the narrowest developmental window is the one left in Part IV.
Institutional: nutrition has historically crowded out ECCE; Anganwadi Workers are honorarium-based; infrastructure is uneven.
Regulatory: the private pre-school sector is largely unregulated, outside both the RTE Act and the ECCE framework.
Hardest component: the 0–3 home-visit model under Navchetana.
Conclusion: the constitutional route from directive to right is now well established — Article 45's own 6–14 half made that journey in 2002. The logical next step, urged since Ashoka Kumar Thakur (2008), is to consider extending Article 21A downward to cover the pre-school years, and meanwhile to regulate private pre-schools and fully resource ECCE within the Anganwadi system.
Key Takeaways
- Article 45 is the only Directive Principle to have been wholly substituted. It now reads: the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
- The original Article 45 promised free and compulsory education for all children up to fourteen, within ten years of the Constitution's commencement — the only deadline anywhere in Part IV. It expired in 1960, unmet.
- It was substituted by the Constitution (Eighty-sixth Amendment) Act, 2002, Section 3, which was enacted in 2002 but came into force only on 1 April 2010, alongside the RTE Act, 2009.
- The 86th Amendment amended three Parts: it inserted Article 21A (Part III) making education a Fundamental Right for ages 6–14, substituted Article 45 (Part IV) for the under-sixes, and inserted Article 51A(k) (Part IVA), a parental duty for ages 6–14.
- The change is best described as bifurcation with an upgrade, not dilution — the 6–14 group moved up into Part III, and Article 45 was freed to cover the under-sixes, whom no provision had effectively reached.
- Implementation runs through Anganwadi Services (ECCE is one of six services), the National ECCE Policy 2013, NEP 2020's Foundational Stage for ages 3–8, Poshan Bhi Padhai Bhi (10 May 2023), and the twin 2024 curricula — Navchetana for ages 0–3 and Aadharshila for ages 3–6 — with over 10.5 lakh Anganwadi Workers trained as on 31 March 2026.
