What Are The Constitutional Provision For Education?
Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
- Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
- With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
The RTE Act provides for the:
Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.
: Departmen of School Education & Literacy
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Contents
- 1 What is educational provision?
- 2 What is constitutional provisions on education in the Philippines?
- 3 Which is the most important provisions in the Constitution?
- 4 What is an example of a constitutional provision?
- 5 Which provisions have bearing on education?
- 6 What is provision and its examples?
- 7 What are the 7 principles of the Constitution?
- 8 What are the two provisions in the constitution?
- 9 What are the 5 Constitution of the Philippines?
- 10 What 5 provisions of the Constitution give the president the power over agencies?
What are the constitutional provision on education in Nigeria?
The ‘right’ to education is enshrined in section 18 of Nigeria’s Constitution 1999 and it is contained in section 18 (1): The provision enjoins the government to direct its policy towards ensuring there are equal and adequate educational opportunities at all levels.
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What is educational provision?
What a school provides for its pupils to support their learning and progress in school – the teaching, resources, use of the curriculum, support, Enrichment activities and resources. Teach difficult concepts with ease, with the help of our Sunday newsletter.
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What is constitutional provisions on education in the Philippines?
ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS EDUCATION Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.
- Section 2.
- The State shall: (1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; (2) Establish and maintain a system of free public education in the elementary and high school levels.
- Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age; (3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged; (4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and (5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.
Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula. (2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.
3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.
Section 4.(1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions. (2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens.
The Congress may, however, require increased Filipino equity participation in all educational institutions. The control and administration of educational institutions shall be vested in citizens of the Philippines. No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school.
The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. (3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties.
- Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.
- Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax. Section 5. (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning. (3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements. (4) The State shall enhance the right of teachers to professional advancement.
Non-teaching academic and non-academic personnel shall enjoy the protection of the State. (5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.
- LANGUAGE Section 6.
- The national language of the Philippines is Filipino.
- As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.
- Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English. The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis. Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish. Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.
SCIENCE AND TECHNOLOGY Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services.
- It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.
- Section 11.
- The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens. Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit.
It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology. Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.
ARTS AND CULTURE Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. Section 15. Arts and letters shall enjoy the patronage of the State.
The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations. Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.
Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues. (2) The State shall encourage and support researches and studies on the arts and culture.
SPORTS Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
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What are the 3 constitutional provisions?
Key Takeaways – The Constitution established a national government distinguished by federalism, separation of powers, checks and balances, and bicameralism. It divided power and created conflicting institutions—between three branches of government, across two chambers of the legislature, and between national and state levels.
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Which is the most important provisions in the Constitution?
Expert-Verified Answer. The most important provision in our constitution is all persons in independent India are equal in the eyes of law. The India is a democratic country. The base of the Indian democracy is the constitution of the India.
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What is an example of a constitutional provision?
By Popular Name –
Admiralty Clause | Article III, §2, clause 1 | The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls;-to all cases of admiralty and maritime jurisdiction;-to controversies to which the United States shall be a party;-to controversies between two or more states;-between a state and citizens of another state;- between citizens of different states;-between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. |
Advice & Consent Clause | Article II, §2, clause 2 | He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. |
Affirmation Clause | Article VI, clause 3 | The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. |
Appointments Clause | Article II,§2 | He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. |
Basket Clause | Article I, §8, clause 18 | The Congress shall have power,, To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. |
Bill of Rights | Amendments 1-10 | |
Citizenship Clause | 14th Amendment, §1 | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
Coefficient Clause | Article I, §8, clause 18 | The Congress shall have power,, To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. |
Coinage Clause | Article I, §8, clause 5 | The Congress shall have power,, To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; |
Comity Clause | Article IV, §2, clause 1 | The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. |
Commander in Chief Clause | Article II, §2, clause 1 | The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states,,, |
Commerce Clause | Article I, §8, clause 3 | The Congress shall have power,, To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; |
Compact Clause | Article I, §10, clause 3 | No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. |
Compulsory Process Clause | 6 th Amendment | In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. |
Contracts Clause | Article I, §10, clause 1 | No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. |
Copyright Clause | Article I, §8, clause 8 | The Congress shall have power,, To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; |
Cruel & Unusual Punishment Clause | 8th Amendment | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
Disposing Clause | Article IV, §3, clause 2 | The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. |
Dormant Commerce Clause | Article I, §8, clause 3 | The Congress shall have power,, To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; |
Double Jeopardy Clause | 5th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
Due Process Clause | 5 th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
14 th Amendment, §1 | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. | |
Elastic Clause | Article I, §8, clause 18 | The Congress shall have power,, To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. |
Emolument Clause | Article I, §9, clause 8 | No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. |
Equal Protection Clause | 14th Amendment | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
Establishment Clause | 1st Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
Ex Post Facto Clause | Article I, §9, clause 3 | No bill of attainder or ex post facto Law shall be passed. |
Article I, §10, clause 1 | No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. | |
Exceptions Clause | Article III, §2, clause 2 | In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. |
Excessive Fines Clause | 8th Amendment | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
Exercise Clause | 1st Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
Export Clause | Article 1, §10, clause 2 | No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. |
Extradition Clause | Article IV, §2, clause 2 | A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. |
Faithfully Executed Clause | Article II, §3 | He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. |
Free Exercise Clause | 1st Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
Freedom of the Press Clause | ||
Freedom of Speech Clause | ||
Full Faith and Credit Clause | Article IV, §1 | Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. |
Fugitive Slave Clause | Article IV, §2, clause 3 | No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. |
General Welfare Clause | Article 1, §8, clause 1 | The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; |
Grand Jury Clause | 5th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
Guarantee Clause | Article IV, §4 | The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. |
Import-Export Clause | Article I, §10, clause 2 | No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. |
Income Tax Clause | 16th Amendment | The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration. |
Indian Commerce Clause | Article 1, §8, clause 3 | The Congress shall have the power,, To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; |
Interstate Commerce Clause | ||
Just Compensation Clause | 5th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
Liberty Clause | 14th Amendment, §1 | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
Loyalty Clause | Article VI, §3 | The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. |
14th Amendment, §3 | No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. | |
Militia Clause | Article 1, §8, clauses 15 and 16 | The Congress shall have power,, To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; |
Natural Born Citizen Clause | Article II, §1, clause 5 | No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States. |
Naturalization Clause | 14th Amendment, §1 | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
Necessary & Proper Clause | Article I, §8, clause 18 | The Congress shall have power,, To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. |
Negative Commerce Clause | Article I, §8, clause 3 | The Congress shall have power,, To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; |
Oath or Affirmation Clause | Article VI, clause 3 | The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. |
Obligation of Contracts Clause | Article I, §10, clause 1 | No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. |
Order, Resolution, or Vote Clause | Article 1, §7, clause 3 | Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. |
Origination Clause | Article 1, §7, clause 1 | All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills. |
Patent & Copyright Clause | Article I, §8, clause 8 | The Congress shall have power,, To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; |
Preamble | We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. | |
Presentment Clause | Article I, §7, clause 2 | Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. |
Privileges & Immunities Clause | Article IV, §2, clause 1 | The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. |
Privileges or Immunities Clause | 14th Amendment, §1 | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
Religion Clause | 1st Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
Republican Form Clause | Article IV, §4 | The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. |
Reserved Power Clause | 10th Amendment | The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. |
Right to Bear Arms Amendment | 2d Amendment | A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. |
Right to Travel Clause | Article IV, §2, clause 1 | |
14th Amendment, §1 | All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. | |
Search & Seizure Clause | 4th Amendment | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
Self-Incrimination Clause | 5th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
Slavery Amendment | 13th Amendment | Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. |
Speech & Debate Clause | Article I, §6, clause 1 | The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. |
Speedy Trial Clause | 6th Amendment | In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. |
Statement & Account Clause | Article I, §9, clause 7 | No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time. |
Sweeping Clause | Article 1, §8, clause 18 | The Congress shall have power,, To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. |
Subscription Cause | List of signatories | |
Supremacy Clause | Article VI, clause 2 | This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. |
Takings Clause | 5th Amendment | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation |
Three-fifths Clause | Article I, §2, clause 3 | Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. |
Treaty Clause | Article II, §2 | He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. |
Trial by Jury Clause | 7th Amendment | In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. |
Uniformity Clause | Article I, §8, clause 1 | The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; |
War Clause | Article I, §8, clauses 11-14 | The Congress shall have power,, To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; |
Warrant Clause | 4th Amendment | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
“We the People” | Preamble | We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. |
Welfare Clause | Article I, §8, clause 1 | The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; |
Women’s Suffrage Amendment | 19th Amendment | The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. |
What are the constitutional provisions for education after independence?
Article 21A says that ‘ The State shall provide free and compulsory education to all children for the age of six to fourteen years ‘. This provision was included in the 86th amendment of Indian constitution in 2002. Actually, this amendment was a very crucial milestone for the Indian education system.
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What is the constitutional provision for achieving education equality?
12 Major Constitutional Provisions on Education in India Some of the major constitutional provisions on education in India are as follows: There are some changes regarding the 42nd Amendment to the Constitution. During 1976 our constitution was amended in many of its fundamental provisions.
- Below are given constitutional provisions on Education:
- 1. Free and Compulsory Education:
- The Constitution makes the following provisions under Article 45 of the Directive Principles of State Policy that, “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.”
The expression ‘State’ which occurs in this Article is defined in Article 12 to include “The Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” It is clearly directed in Article 45 of the Constitution that the provision of Universal, Free and Compulsory Education becomes the joint responsibility of the Centre and the States.
- In the Constitution it was laid down that within 10 years, i.e., by 1960 universal compulsory education must be provided for all children up to the age of 14, But unfortunately, this directive could not be fulfilled.
- Vigorous efforts are needed to achieve the target of 100 percent primary education.
- The Central Government needs to make adequate financial provisions for the purpose.
At the present rate of progress it may, however, be expected that this directive may be fulfilled by the end of this century.
- 2. Education of Minorities:
- Article 30 of the Indian Constitution relates to certain cultural and educational rights to establish and administer educational institutions.
- It lays down:
- (i) All minorities whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
- (ii) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
- 3. Language Safeguards:
Article 29(1) states “Any section of the citizen, residing in the territory of India or any part there of having a distinct language, script or culture of its own, hall have the right to conserve the same.” Article 350 B provides for the appointment of special officer for linguistic minorities to investigate into all matters relating to safeguards provided for linguistic minorities under the Constitution.4.
Education for Weaker Sections: Article 15, 17, 46 safeguard the educational interests of the weaker sections of the Indian Community, that is, socially and educationally backward classes of citizens and scheduled castes and scheduled tribes. Article 15 states, “Nothing in this article or in clause (2) of Article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes.” Under Article 46 of the Constitution, the federal government is responsible for the economic and educational development of the Scheduled Castes and Scheduled Tribes It states.
“The state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular, of the Scheduled castes and Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.” It is one of the Directive Principles of State Policy.5.
- Article 25 (1) of the Constitution guarantees all the citizens the right to have freedom of conscience and the right to profess, practice and propagate religion.
- Article 28 (1) states, “No religious instruction shall be provided in any educational institution if wholly maintained out of state fund.”
- Article 28 (2) states, “Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or Trust which requires that religious instruction shall be imparted to such institution.”
- Article 28 (3) states, “No person attending any educational institution by the state or receiving aid out of state funds, shall be required to take part in any religious instruction that may be imported in such institutions or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person a minor, his guardian has given his consent thereto.”
- Article 30 states, “The state shall not, in granting aid to educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them.”
- 6. Equality of Opportunity in Educational Institutions:
- Article 29(1) states “No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them.”
The Fundamental Rights of the Indian Constitution has also adopted the fourfold ideal of justice, Liberty, Equality and Fraternity. Our Constitution laid down that in the eyes of law, everyone should have an equal status, to no one the justice be denied, everyone should have liberty of thought, expression.
The fundamental right of equality clearly signifies that in the eyes of law no distinction can be made on the basis of any position, caste, class or creed. Side by side the right of equality of opportunities to all is also provided. The equality of opportunity is meaningless, unless there are equal opportunities for one’s education.
The well-known Kothari Commission, 1964-66 recommended that Central Government should undertake the responsibility in education for the equalization of educational opportunities with special reference to the reduction of inter-state differences and the advancement of the weaker section of the community.7.
- Instruction in Mother -Tongue: There is diversity of languages in our country.
- After the dawn of Independence, Mother- Tongues have received special emphasis as medium of instruction and subjects of study.
- In the Constitution of India, it has been laid down that the study of one’s own language is a fundamental right of the citizens.
Article 26 (1) states, “Any section of the citizens, residing in the territory of India or any part there of, having a distinct language, script or culture of its own, shall have the right to converse the same.” Article 350 A directs, “It shall he endeavour of every state and every local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.” Secondary Education Commission, 1952-53 recommended that the mother tongue or the regional language should generally be the medium of instruction throughout secondary school stage subject to the provision that for linguistic minorities, special facilities should be made available.
Othori Commission, 1964-66 has also said that at college and university stage, mother-tongue should be the medium. The medium of instruction at school level is already mother-tongue. This is not a new proposal.8. Promotion of Hindi: The Indian Constitution makes provision for the development and promotion of Hindi as national language.
Article 351 enjoins the Union, the duty to promote the spread of the Hindi language. Hindi accepted as the Official Language of India as laid down by the Constitution in following words: “It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.” In practice, Hindi is already largely in use as a link language for the country.
- 9. Higher Education and Research:
- Parliament has the exclusive rights to enact legislation in respect of institutions and Union Agencies mentioned in entries 63, 64, 65, and 66 of List. The entries which give authority to the Government of India in education are mentioned below:
- Entry 63 of the Union List:
- The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim and the Delhi University, and any other institution declared by Parliament by law to be an Institution of National importance.
- Entry 66 of the Union List:
- Co-ordination and determination of standards in institution for higher education or research and scientific and technical institutions.
- 10. Women’s Education:
One of the unique features of Modem Indian Education is the tremendous advancement of Women’s Education. Education of the girls is considered to be more important than that of the boys.
- The Constitution makes the following provisions under different articles:
- Article 15(1) provides that the State shall not discriminate any citizen on groups only of sex.
- Article 15 (3) reads: “Nothing in this article shall prevent the State from making any special provision for women and children.”
The well-known National Policy on Education was concerned about the status and education of women in the country. It envisages that education would be used as a strategy for achieving a basic change in the status of women. It opined that the national system of education must play a positive role in this direction.
- 11. Education in the Union Territories:
- Article 239 of the Constitution states, “Save as otherwise provided by Parliament by Law, every Union Territory shall be administrator by the president acting to such extent as he thinks fit through an administrator to be appointed by him with such designation as he may specify.”
- 12. Educational and cultural relations with foreign countries:
Entry 13 of the Union List reads. Participation in international conferences, associations and other bodies and implementing decisions made there at. : 12 Major Constitutional Provisions on Education in India
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Which provisions have bearing on education?
Under Schedule 11 of the constitution, the Panchayati raj institutions have allowed 29 subjects to work in their local areas. Education is one of them. Similarly, Schedule 12 of the constitution provides for 18 subjects and education is included here also.
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What is provision and its examples?
Provisions FAQs – Why are provisions created? Provisions enable companies to set aside funds for future expected expenses when there’s a degree of uncertainty about the amount or timing of the expense. They help provide a clearer picture of a company’s finances, so companies can make better-informed decisions about future spending and business plans.
- What are tax provisions? A tax provision is the money set aside by a business to pay its income taxes for the current period.
- The size of the provision is based on a company’s estimate of its profit after any applicable tax deductions it claims.
- What are common types of loan provisions? A provision represents funds set aside for future expenses or other losses such as reductions in asset value.
Types of provisions include bad debt, loan losses, tax payments, pensions, warranties, obsolete inventory, restructuring costs and asset impairment. What is loan loss provision and how does it work? Loan loss provisions are used by banks and other lenders to set aside money for unpaid loans and loan payments.
They can be used to cover bankruptcies, defaulted loans and loan restructurings that result in receipt of lower payments than originally expected. When to set aside provisions? Provisions should be set aside when the company is aware of a probable future expense or loss. GAAP defines probable as likely to occur, an event that has 75% or greater likelihood of occurrence.
IFRS interprets probable as “more likely than not,” which would be a probability of greater than 50%. What is the accounting entry for provision? A provision is debited as an expense and also credited to the corresponding liability account. How are provisions treated in accounting Provisions are recognized as an expense on the income statement, in the same period as any related revenue or when reasonably estimated.
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What is the importance of the Philippine Constitution to education?
Strengthen Filipino, Panitikan, and Constitution instruction in basic and tertiary education The Supreme Court’s (SC) upholding of the removal of Filipino, Panitikan (literature), and Constitution as core subjects of the college curriculum is the latest assault of neoliberal standards on the Philippine education system.
Alongside the K to 12 curriculum at primary and secondary levels, the fundamentals of nationalism, patriotism and constitutionalism are being replaced by market criteria of corporate and foreign employability, efficiency and profitability. It urgently brings the debate back to the call for the K to 12 curriculum to be scrapped altogether due to its impact on public education serving only foreign economic interests and the need for an alternative curriculum that will shape critical, patriotic, and progressive nation builders who will lead the Philippines out of the neocolonial and market-oriented quagmire.
For global competitiveness? The SC argues that Commission on Higher Education (CHED) Memorandum 20 only sets the minimum standards for the general education component of all degree programs, and does not limit the academic freedom of universities and colleges to require additional courses in Filipino, Panitikan and the Constitution.
But this actually negates the 1987 Constitution, which stipulates that the State should be setting the standards. The study of Filipino, Panitikan and the Constitution best tackles the mandate of the State. The Philippine Charter’s Article XIV, Section 3 stipulates that “all educational institutions shall include the study of the Constitution as part of the curricula”.
It adds that these institutions shall inculcate values including patriotism and nationalism, love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, embracing the rights and duties of citizenship, strengthening ethical and spiritual values, developing moral character and personal discipline, critical and creative thinking, scientific and technological knowledge, and vocational efficiency.
- Without a CHED requirement, universities and colleges may easily drop Filipino, Panitikan, the Constitution, and even History, which can hone the above-mentioned values in progression from the basic to the tertiary level.
- But with the pretext of supposedly employing Filipinos but practically deploying cheap labor to foreign companies and institutions, these subjects lose equal importance to Science, English and Math.
Neoliberal education has championed the latter subjects as the necessary learning areas to arm students with “21st century skills” to achieve “global competitiveness.” What is missed out is the holistic goal of education, in which all aspects of learning from scientific and mathematical, to language and humanities are developed to advance the society – people and economy – to a better context.
- The young learner must be nurtured as a human being and a citizen, part of an ever-changing community and society.
- Filipino, Panitikan, the Constitution and History are critically important subjects in building young Filipino learners’ humane consciousness with as much critical thinking and social commitment to their nation and its sovereign development as well as to the entire world and its brighter future.
For national development If the objective is to produce generations of Filipinos that will work locally to build and strengthen the Philippine economy, then a nationalist mindset in education is all the more needed. STEM (Science, Technology, Engineering and Mathematics) subjects can also be taught in Filipino to better locate their significance and applicability in the local context and towards national development.
- English proficiency must be placed within the context of general language proficiency to help young learners connect with other cultures and nations towards greater understanding and solidarity.
- Panitikan provides students with an understanding of the literary traditions of the Filipino people, being vessels of our values and aspirations that are precisely social foundations for any nation-building objective.
The Constitution enables students to remember and embrace their basic rights as a people, and the basic principles by which our society has been organized. Minimizing the teaching of Filipino, Panitikan and Constitution thus robs young learners of their soul as citizens and future leaders.
Rendering second class status to Philippine history in 2014 likewise took away from high school students the opportunity to more deeply embrace their Filipino roots and to draw lessons from the nation’s past and continuing struggles. By virtue of Department of Education Order No.20, S.2014, the subject was removed from the secondary education curriculum in favor of Araling Asyano (Asian Studies).
In the short-term, the recent SC decision makes it more urgent to amplify the call for a strengthening of instruction and research on these subjects in universities and colleges. But in the long-term, Filipino educators along with parents and students must call for the scrapping of the K to 12 curriculum and work for the reversal not only of the market-orientation of education but of all neoliberal economic reforms.
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What article of the 1987 Constitution is all about education?
Article XIV, Section 3, Paragraph 1 of the 1987 Constitution provides that, ‘All educational institutions shall include the study of the Constitution as part of the curricula.’
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What is the importance of constitutional provision?
Constitutional Provisions for Access to Information A constitution is the basic law of a given country. It lays out the formal structure of the state, defining the central governments powers and institutions. Moreover, it specifies the relationship between the central government and other levels.
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What are the 4 provisions in the Constitution in equality?
Right to Equality – Definition & Importance – Indian Polity Notes for UPSC The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).
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What are the 7 principles of the Constitution?
The Constitution rests on seven basic principles. They are popular sovereignty, limited government, separation of powers, federalism, checks and balances, republicanism, and individual rights. Popular Sovereignty The framers of the Constitution lived at a time when monarchs claimed that their power came from God.
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How many provisions are there in Indian Constitution?
Structure – The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama —in the world.
- Preamble, with the words “socialist”, “secular” and ‘integrity’ added in 1976 by the 42nd amendment
- Part I – The Union and its Territory – Articles 1 to 4
- Part II – Citizenship – Articles 5 to 11
- Part III – Fundamental Rights – Articles 12 to 35
- Part IV – Directive Principles of State Policy – Articles 36 to 51
- Part IVA – Fundamental Duties – Article 51A
- Part V – The Union – Articles 52 to 151
- Part VI – The States – Articles 152 to 237
- Part VII – States in the B part of the first schedule (repealed) – Article 238
- Part VIII – Union Territories – Articles 239 to 242
- Part IX – Panchayats – Articles 243 to 243(O)
- Part IXA – Municipalities – Articles 243(P) to 243(ZG)
- Part IXB – Co-operative societies – Articles 243(ZH) to 243(ZT)
- Part X – Scheduled and tribal areas – Articles 244 to 244A
- Part XI – Relations between the Union and the States – Articles 245 to 263
- Part XII – Finance, property, contracts and suits – Articles 264 to 300A
- Part XIII – Trade and commerce within India – Articles 301 to 307
- Part XIV – Services under the union and states – Articles 308 to 323
- Part XIVA – Tribunals – Articles 323A to 323B
- Part XV – Elections – Articles 324 to 329A
- Part XVI – Special provisions relating to certain classes – Articles 330 to 342
- Part XVII – Languages – Articles 343 to 351
- Part XVIII – Emergency provisions – Articles 352 to 360
- Part XIX – Miscellaneous – Articles 361 to 367
- Part XX – Amendment of the Constitution – Articles 368
- Part XXI – Temporary, transitional and special provisions – Articles 369 to 392
- Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals – Articles 393 to 395
What are the two provisions in the constitution?
The Constitution concisely organizes the country’s basic political institutions. The main text comprises seven articles. Article I vests all legislative powers in the Congress—the House of Representatives and the Senate, The Great Compromise stipulated that representation in the House would be based on population, and each state is entitled to two senators.
Members of the House serve terms of two years, senators terms of six. Among the powers delegated to Congress are the right to levy taxes, borrow money, regulate interstate commerce, provide for military forces, declare war, and determine member seating and rules of procedure. The House initiates impeachment proceedings, and the Senate adjudicates them.
Article II vests executive power in the office of the presidency of the United States, The president, selected by an electoral college to serve a four-year term, is given responsibilities common to chief executives, including serving as commander in chief of the armed forces, negotiating treaties (two-thirds of the Senate must concur), and granting pardons.
The president’s vast appointment powers, which include members of the federal judiciary and the cabinet, are subject to the “advice and consent” (majority approval) of the Senate (Article II, Section 2). Originally presidents were eligible for continual reelection, but the Twenty-second Amendment (1951) later prohibited any person from being elected president more than twice.
Although the formal powers of the president are constitutionally quite limited and vague in comparison with those of the Congress, a variety of historical and technological factors—such as the centralization of power in the executive branch during war and the advent of television —have increased the informal responsibilities of the office extensively to embrace other aspects of political leadership, including proposing legislation to Congress.
- Article III places judicial power in the hands of the courts,
- The Constitution is interpreted by the courts, and the Supreme Court of the United States is the final court of appeal from the state and lower federal courts.
- The power of American courts to rule on the constitutionality of laws, known as judicial review, is held by few other courts in the world and is not explicitly granted in the Constitution.
The principle of judicial review was first asserted by Supreme Court Chief Justice John Marshall in Marbury v. Madison (1803), when the court ruled that it had the authority to void national or state laws. Beyond the body of judicial rulings interpreting it, the Constitution acquires meaning in a broader sense at the hands of all who use it.
Congress on innumerable occasions has given new scope to the document through statutes, such as those creating executive departments, the federal courts, territories, and states; controlling succession to the presidency; and setting up the executive budget system. The chief executive also has contributed to constitutional interpretation, as in the development of the executive agreement as an instrument of foreign policy,
Practices outside the letter of the Constitution based on custom and usage are often recognized as constitutional elements; they include the system of political parties, presidential nomination procedures, and the conduct of election campaigns. The presidential cabinet is largely a constitutional “convention” based on custom, and the actual operation of the electoral college system is also a convention.
Article IV deals, in part, with relations between the states and privileges of the citizens of the states. These provisions include the full faith and credit clause, which requires states to recognize the official acts and judicial proceedings of other states; the requirement that each state provide citizens from other states with all the privileges and immunities afforded the citizens of that state; and the guarantee of a republican form of government for each state.
Article V stipulates the procedures for amending the Constitution. Amendments may be proposed by a two-thirds vote of both houses of Congress or by a convention called by Congress on the application of the legislatures of two-thirds of the states. Proposed amendments must be ratified by three-fourths of the state legislatures or by conventions in as many states, depending on the decision of Congress.
All subsequent amendments have been proposed by Congress, and all but one—the Twenty-first Amendment (1933), which repealed prohibition (the Eighteenth Amendment )—have been ratified by state legislatures. Article VI, which prohibits religious tests for officeholders, also deals with public debts and the supremacy of the Constitution, citing the document as “the supreme Law of the Land;any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Article VII stipulated that the Constitution would become operational after being ratified by nine states.
The national government has only those constitutional powers that are delegated to it either expressly or by implication; the states, unless otherwise restricted, possess all the remaining powers ( Tenth Amendment ). Thus, national powers are enumerated (Article I, Section 8, paragraphs 1–17), and state powers are not.
The state powers are often called residual, or reserved, powers. The elastic, or necessary and proper, clause (Article I, Section 8, paragraph 18) states that Congress shall have the authority “To make all Laws which shall be necessary and proper for carrying into Execution” the various powers vested in the national government.
Thus, it follows that, in addition to the delegated powers, Congress possesses implied powers, a proposition established by Chief Justice Marshall in McCulloch v. Maryland (1819). The issue of national versus state power was not fully resolved by this decision, however, and many political battles in American history—including debates on nullification, slavery, racial segregation, and abortion —often have been disputes over constitutional interpretations of implied and residual powers.
Competing concepts of federal supremacy and states’ rights were brought into sharp relief in questions about commercial regulation, The commerce clause simply authorized Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Particularly since a series of decisions in 1937, the court has interpreted Congress’s regulatory power broadly under the commerce clause as new methods of interstate transportation and communication have come into use.
States may not regulate any aspect of interstate commerce that Congress has preempted.
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What are the four provisions of Indian Constitution?
I. Preamble of Constitution and Business: – The Indian Constitution starts with a preamble, which outlines the main objectives of the Constitution. It may be noted that though the preamble is not a part of the Constitution and is not justifiable, yet its significance cannot be denied.
- “We, The People of India, have solemnly resolved to constitute India into a Sovereign, Socialist, and Secular Democratic Republic and to secure to all its citizens:
- Justice, Social, economic and political; Liberty of thought, expression, belief, faith and worship;
- Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the nation;
- In our Constituent Assembly this Twenty-Sixth day of November 1949, we do hereby Adopt, Enact and Give to ourselves this Constitution.”
A perusal of the preamble shows that it intends India to be a Sovereign, Socialist, Secular, and Democratic Republic. It means that like other states India is a sovereign state and is free to conduct its internal as well as external relations as it deems desirable.
- The terms ‘Socialist’ and ‘Secular’ were added by the Forty Second Amendment and assert that the government must adopt socialistic policies to ensure decent life for all Indian citizens.
- The inclusion of word ‘Secular’ likewise emphasises that the state must abstain from giving preferential treatment to any religion.
Democratic government implies the Government is to be carried on by the elected representatives of the people, and the Government stays in office as long as it enjoys the confidence of their elected representatives. Republic implies that the highest executive authority in India shall vest in a person directly elected by the people.
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Which is the most important in provision of Indian Constitution?
Article 32 – Remedies for enforcement of fundamental rights – Art i cle 32 is referred to as the heart and soul of the Indian Constitution. It was Dr.B.R. Ambedkar who referred to Article 32 as the most important provision of the Constitution. During one of the constitutional debates, Dr.B.R.
Ambedkar iterated “If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it.” The reason for the prime importance of the provision is that it guarantees the right to constitutional remedies through the writs.
The writs are invested with the Hon’ble Supreme Court in order to provide security to every citizen. There are five types of writs that are provided under Article 32 of the Constitution – habeas corpus, mandamus, quo warranto, prohibition and certiorari.
The citizens can approach the Apex Court to enforce any of these writs in order to safeguard their rights. While performing the duties provided by the Constitution, the Hon’ble Supreme Court is considered to be on qui vive, which is the Latin phrase for vigilant. The issue of hate speech was raised in the case of Pravasi Bhalai Sangathan v.
the Union of India (2014), wherein the petitioner sought to get some directions from the Hon’ble Supreme Court. However, the Court held that the power under Article 32 does not amount to the legislative powers of the Court. These powers can only be exercised in cases where a law does not exist on any matter.
- There are sufficient statutes and laws in relation to curbing the practice of hate speech.
- In Subhash Popatlal Dave v.
- The Union of India (2013), it was held that in order to enforce a right under Article 32, the aggrieved person must first allow the due operation and implementation of the law and exhaust the remedies available.
Article 32 and Article 226 have to be treated as the last resort as these rights must be used sparingly and in circumstances where no other efficacious remedy is available.
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What are the 5 constitutional powers?
These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.
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What are the 5 Constitution of the Philippines?
The Philippines has had 6 constitutions – The 5 constitutions started with the country’s independence in 1898:
The 1899 Malolos Constitution (1899-1901) The 1935 Constitution (1935-1943, 1945-1973) The 1943 Constitution (1943-1945) The 1973 Constitution (1973-1986) The 1987 Constitution (1987-present)
The 1973 Constitution, according to former Aquino spokesman Teodoro Locsin Jr, was never ratified as the process conducted by then president Ferdinand Marcos Jr met strong opposition. The Aquino government had 3 options with regard to the law of the land:
To revert to the 1935 Constitution. But because Marcos abolished the bicameral legislature they had to resort to general elections. To retain the 1973 Constitution and be granted the power to make reforms. This was shot down by Aquino as “she did not want to derive legitimacy and power from the very institutions that she fought.” To start anew and break from the “vestiges of a disgraced dictatorship.”
What 5 provisions of the Constitution give the president the power over agencies?
Executive clemency – Article II of the United States Constitution gives the president the power of clemency, The two most commonly used clemency powers are those of pardon and commutation, A pardon is an official forgiveness for an acknowledged crime.
- Once a pardon is issued, all punishment for the crime is waived.
- A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition.
- The petition shall be addressed to the president of the United States and shall be submitted to the pardon attorney, Department of Justice, Washington, D.C.20530, except for petitions relating to military offenses.
A person accepting the pardon through execution of a formal petition must, however, acknowledge that the crime did take place. The president can only grant pardons for federal offences. The president maintains the Office of the Pardon Attorney in the U.S.
- Department of Justice to review all requests for pardons.
- The president can also commute a sentence which, in effect, changes the punishment to time served.
- While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply.
- Most pardons are issued as oversight of the judicial branch, especially in cases where the Federal Sentencing Guidelines are considered too severe.
This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty to forgive entire groups of people. For example, President Jimmy Carter granted amnesty to Vietnam draft dodgers who had fled to Canada,
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