Right To Education Under Art.21-A Originally Was In Which Article?
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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- 0.1 When was Article 21 passed?
- 0.2 How was 21st Amendment passed?
- 0.3 Why the 21st Amendment was created?
- 1 What is 21st century education article?
- 2 Which amendment added a new section 21A to the right to education Mcq?
- 3 Who proposes new Amendment?
Who added Article 21A?
Background – Even before this amendment Part IV of the Indian Constitution, Article 45 and Article 39(f) of DPSP, had a provision for state-funded as well as equitable and accessible education. However, being a directive principle it was not enforceable by the court.
- By adding Right to education as a fundamental right, opens the scope for judicial intervention.
- The first step toward Right to Education was by Ramamurti Committee Report in 1990.
- In Mohini Jain vs State Of Karnataka And Ors, 1992 case supreme court recognized the right to education as a part of Article 21 Right to life and personal liberty.
SC mentions that without education no one can become human. But in this case, SC not decide the age for compulsory education. In 1993, in the case of Unnikrishnan JP vs State of Andhra Pradesh & Others the Supreme Court’s held that Education is a fundamental right flowing from Article 21,
But by considering directive principles of state policy and financial condition of state SC made compulsory education only for 6 to 14-year children. M komon vs Manipur state a primary school shifting case SC held that government should also ensure the reachability of school for children. Tapas Majumdar Committee (1999) was set up, which pledged the insertion of Article 21A.
The 86 th Amendment was made in 2002.
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When was Article 21 passed?
Meaning, Concept and Interpretation of ‘Right to Life’ under Article 21 – ‘Everyone has the right to life, liberty and the security of person.’ The right to life is undoubtedly the most fundamental of all rights. All other rights add quality to the life in question and depend on the pre-existence of life itself for their operation.
- As human rights can only attach to living beings, one might expect the right to life itself to be in some sense primary since none of the other rights would have any value or utility without it.
- There would have been no Fundamental Rights worth mentioning if Article 21 had been interpreted in its original sense.
This Section will examine the right to life as interpreted and applied by the Supreme Court of India. Article 21 of the Constitution of India, 1950 provides, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” ‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing.
It does not connote mere animal existence or continued drudgery through life. It has a much wider, including, including the right to live with human dignity, Right to livelihood, Right to health, Right to pollution-free air, etc. The right to life is fundamental to our very existence, without which we cannot live as human beings and includes all those aspects of life, which make a man’s life meaningful, complete, and worth living.
It is the only Article in the Constitution that has received the broadest possible interpretation. Thus, the bare necessities, minimum and basic requirements for a person from the core concept of the right to life. In Kharak Singh v. State of Uttar Pradesh, the Supreme Court quoted and held: By the term ‘life’ as here used, something more is meant than mere animal existence.
The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armored leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.
In Sunil Batra v. Delhi Administration, the Supreme Court approved the above observations. It held that the ‘right to life’ included the right to lead a healthy life to enjoy all faculties of the human body in their prime conditions. It would even include the right to protect a person’s tradition, culture, heritage and all that gives meaning to a man’s life.
In addition, it consists of the Right to live and sleep in peace and the Right to repose and health. Right To Live with Human Dignity In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art.21. The Court held that the right to live is not merely a physical right but includes within its ambit the right to live with human dignity.
Elaborating the same view, the Court in Francis Coralie v. Union Territory of Delhi observed: “The right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.” Another broad formulation of life to dignity is found in Bandhua Mukti Morcha v.
- Union of India,
- Characterising Art.21 as the heart of fundamental rights, the Court gave it an expanded interpretation.
- Bhagwati J.
- Observed: “It is the fundamental right of everyone in this country to live with human dignity free from exploitation.
- This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief.
“These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State neither the Central Government nor any State Government-has the right to take any action which will deprive a person of the enjoyment of these basic essentials.” Following the above-stated cases, the Supreme Court in Peoples Union for Democratic Rights v. Bhagwati J. held that rights and benefits conferred on workmen employed by a contractor under various labour laws are intended to ensure basic human dignity to workers. He held that the non-implementation by the private contractors engaged for constructing a building for holding Asian Games in Delhi, and non-enforcement of these laws by the State Authorities of the provisions of these laws was held to be violative of the fundamental right of workers to live with human dignity contained in Art.21,
- In Chandra Raja Kumar v.
- Police Commissioner Hyderabad, it has been held that the right to life includes the right to live with human dignity and decency.
- Therefore, keeping of beauty contest is repugnant to the dignity or decency of women and offends Article 21 of the Constitution only if the same is grossly indecent, scurrilous, obscene or intended for blackmailing.
Therefore, the government is empowered to prohibit the contest as objectionable performance under Section 3 of the Andhra Pradesh Objectionable Performances Prohibition Act, 1956. In State of Maharashtra v. Chandrabhan, the Court struck down a provision of Bombay Civil Service Rules, 1959.
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Why right to education is an extension of Article 21?
Key Points –
Constitutional Provisions for Right To Education:
Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education. The first official document on the Right to Education was the Ramamurti Committee Report in 1990. In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21. Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A. The 86 th Constitutional Amendment in 2002, provided Right to Education as a fundamental right in Part-III of the Constitution.
It inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years. It provided for a follow-up legislation Right to Education Act 2009,
Feature of Right to Education (RTE) Act, 2009:
The RTE Act aims to provide primary education to all children aged 6 to 14 years. Section 12(1)(c) mandates that non-minority private unaided schools should reserve at least 25% of seats in entry-level grades for children from economically weaker and disadvantaged backgrounds. It also makes provisions for a non-admitted child to be admitted to an age appropriate class. It also states about sharing of financial and other responsibilities between the Central and State Governments.
Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue.
It lays down the norms and standards related to: Pupil Teacher Ratios (PTRs), Buildings and infrastructure, School-working days, Teacher-working hours. 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.
Physical punishment and mental harassment. Screening procedures for admission of children. Capitation fee. Private tuition by teachers. Running of schools without recognition.
It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.
Argument for Extension of Free Education under RTE beyond Class 8 for EWS:
The parents of children are required to pay hefty fees to unaided private schools in classes 9 and onwards which they can not afford. Changing school from unaided private to government after class 8 may affect the children’s state of mind and education and thus, an extension of the RTE benefits will ensure continuity in the education.
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How was 21st Amendment passed?
On Feb.20, 1933, Congress proposed the Twenty-first Amendment, aimed at rescinding prohibition, and in April Pres. Franklin D. Roosevelt signed the Cullen-Harrison Act, which amended the prohibition-based Volstead Act to permit the manufacturing and sale of low-alcohol beer and wines.
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Why the 21st Amendment was created?
The Eighteenth Amendment was ratified on January 16, 1919, and prohibited the making of, sale, or transportation of alcohol. The amendment came as a result of roughly a century of reform movements. Early temperance advocates aimed to reduce alcohol consumption and prevent alcoholism, drunkenness, and the disorder and violence it could result in.
- Theses early efforts promoted temperate consumption with hopes for eventual prohibition.
- By the mid 1830s, over 200,000 people belonged to the American Temperance Society.
- Many of the most prominent proponents of temperance were women, seen as the more virtuous sex and responsible for children’s moral education.
Lacking in rights and protections, women were also frequently those most affected by the symptoms of alcoholic family members. By the late 1800s, support for prohibition was strong, particularly amongst progressives who favored social reform and a greater nationwide morality.
The Anti-Saloon League, backed by many women and Protestants, was a driving force in abolishing alcohol manufacture. After a temporary wartime prohibition to save grain during World War I, the Eighteenth Amendment was submitted by Congress for state ratification. It was quickly ratified within a year and would stand as law for the next 13 years.
The Twenty-First Amendment, which repealed the Eighteenth Amendment, was ratified on December 5, 1933. The decision to repeal a constitutional amendment was unprecedented and came as a response to the crime and general ineffectiveness associated with prohibition.
- The Twenty-First Amendment also has the distinction of being the only amendment ratified, not by state legislature, but by state ratifying conventions.
- Despite the continued strength of the temperance lobby, prohibition had lost its popular support by 1933.
- Though it had reduced alcoholism and drunkenness, it had also created new problems in lawlessness and fortified the system of organized crime.
A black market for alcohol sprung up quickly after prohibition went into effect, especially within the mob, and alcohol remained easily accessible to citizens willing to visit a speakeasy or make it themselves. Organized crime members made so much money on liquor that they were able to bribe police forces, accomplishing non- and selective enforcement of the law.
- Whether favorable towards prohibition or not, citizens were alarmed by a breakdown in the rule of law.
- The Great Depression, and a resulting economic need for tax revenue and jobs, also influenced desires for a legal alcohol industry.
- In the years after ratification, the Twenty-First Amendment was interpreted as giving states the authority to regulate their own prohibitory practices.
For this reason, our modern-day policies vary across the country, Below is a collection of resources recognizing these important pieces of American law and the Prohibition era. Browse these resources or jump from section to section by clicking the links below:
Full text of the Eighteenth Amendment Full text of the Twenty-First Amendment Selected online resources Commentary and articles from JMC fellows
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What is 21st century education article?
By Sara Hallerman, Colon Lewis, and Brad Dresbach We’ve all heard the term. Many of us even use it regularly. And we probably all have a gut feeling of what 21st century learning or a 21st century education is. But can we define it? It might be easier to define it by first explaining what a 21st century education is not (or what a 20th century education was—and still is in many places).
- A 21st century education is not a bunch of students sitting quietly at desks, in neat rows, writing down every word that the teacher says or writes on the blackboard (or smartboard).
- It’s not teaching to the test, telling students what they need to memorize to get an A+, assuming every child is or should be on the same path, or measuring schools or teachers solely by average ACT scores and college acceptance rates.
And it’s not something that ends at 3:00 every day, or on Friday of every week, or even in the spring of each year. It’s a lifelong journey. As Dr. Kimberly Pietsch Miller, superintendent of Bexley City Schools (OH), said, “The finish line isn’t May of 12th grade.” Defining and delivering 21st century learning is a little messier than that.
It’s a little more complicated. A little more nuanced. A whole lot harder to assess. And when done correctly, it creates environments in which engaged students are actively shaping their learning. The role of educators in the 21st century should be helping every student learn how to learn. It’s inspiring creativity, encouraging collaboration, expecting and rewarding critical thinking, and teaching children not only how to communicate, but also the power of effective communication,
These are skills students need to develop in order to thrive in today’s and tomorrow’s dynamic workplace. To be clear, we’re not suggesting children no longer need the 3Rs, or STEM classes, or technical training for a vocational path. We’re simply saying that those things alone aren’t enough. And to do that, we need to look at everything in our school systems. What is necessary and unnecessary? Which aspects are developing skills that students can take with them for the rest of their lives, versus facts they need to know for the test? How are we intentionally developing competencies and skills we want our students to be able to build upon after graduation? At Battelle for Kids, we offer a number of resources to help deliver a 21st century education.
A Portrait of a Graduate Our national EdLeader21 network and statewide SOAR networks for visionary educational leaders The P21 network for businesses, organizations, and associations collaborating to accelerate 21st century learning
However, these resources and networks are only truly useful when all the educators, school leaders, district leaders, school board members, teachers, community members, and students have a shared understanding of what a 21st century education is, and more importantly, why providing and getting one is so crucial to the success of your school, your students, your community, our country, and our planet.
So, what is a 21st century education? To a certain extent, it can’t be fully defined because it is constantly changing. But we do know a few things. A 21st century education is one that responds to the economical, technological, and societal shifts that are happening at an ever-increasing pace. It’s an education that sets children up to succeed in a world where more than half of the jobs they’ll have over their careers don’t even exist yet.
In short, it’s an education that provides students with the skills and competencies they need to thrive in the 21st century. Untitled Document Sara Hallerman Senior Director, EdLeader21, a Network of Battelle for Kids Colon Lewis, EdD Senior Director, Battelle for Kids Brad Dresbach Director, Battelle for Kids
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Which amendment added a new section 21A to the right to education Mcq?
Right to Education Act – The Act is completely titled “the Right of Children to Free and Compulsory Education Act”, It was passed by the Parliament in August 2009. When the Act came into force in 2010, India became one among 135 countries where education is a fundamental right of every child.
The 86th Constitutional Amendment (2002) inserted Article 21A in the which states:
“The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.”
As per this, the right to education was made a and removed from the list of Directive Principles of State Policy. The RTE is the consequential legislation envisaged under the 86th Amendment. The article incorporates the word “free” in its title. What it means is that no child (other than those admitted by his/her parents in a school not supported by the government) is liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. This Act makes it obligatory on the part of the government to ensure admission, attendance and completion of elementary education by all children falling in the age bracket six to fourteen years. Essentially, this Act ensures free elementary education to all children in the economically weaker sections of society.
A few important articles that a candidate must read to cover the notes on the topic, ‘Education,’ comprehensively are linked below:
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Which article is for education?
As per the RTE Act and Article 21 A of the Indian constitution Education up to 14 years is a fundamental right and it should be free and compulsory.
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Who proposed the 21th Amendment?
Five Interesting Facts About Prohibition’s End in 1933 – On December 5, 1933, three states voted to repeal Prohibition, putting the ratification of the 21st Amendment into place. But did Prohibition really end on that fateful day? In some ways it did, but just as it had taken a while for laws to be enacted after the passage of the 18th Amendment in 1919, winding down those laws also took some time.
Congress first proposed the 21st Amendment in February 1933, and it took the unusual method of calling for state conventions to vote on the amendment, instead of submitting it to state legislatures. Conventions in Pennsylvania, Ohio, and Utah approved the amendment on that fateful December day, bringing the total to 36 states who wanted to end Prohibition—the three-quarters majority required by the Constitution.
The ratification of the 21st Amendment marked the end of federal laws to bar the manufacture, transportation, and sale of intoxicating liquors. But the 21st Amendment returned the control of liquor laws back to the states, who could legally bar alcohol sales across an entire state, or let towns and counties decide to stay “wet” or “dry.” Continue reading from The National Constitution Center
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Who abolished Article 22 of Indian Constitution?
Debate Summary – Draft Article 15A was debated on 15th and 16th September 1949, It was not part of the Draft Constitution, 1948. Instead, the Chairman of the Drafting Committee proposed to insert the following as Draft Article 15A: ’15A. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in this article shall apply- (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested under any law providing for preventive detention; Provided that nothing in sub-clause (b) of clause (3) of this article shall permit the detention of a person for a longer period than three months unless- (a) an Advisory Board consisting of persons who are or have been or are qualified to be appointed as judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention, or (b) such person is detained in accordance with the provisions of any law made by Parliament under clause (4) of this article.
4) Parliament may by law prescribe the circumstances under which and the class or classes of cases in which a person who is arrested under any law providing for preventive detention may be detained for a period longer than three months and also the maximum period for which any such person may be so detained.’ The Draft Article provided safeguards for arrested or detained persons, and also carved out exceptions for persons subject to preventive detention.
The Chairman of the Drafting Committee stated that Draft Article 15A was introduced to compensate for dropping ‘due process’ from Draft Article 15 ( Article 21 ). He declared this new Draft Article turned statutory safeguards for detainees into constitutional guarantees, thereby protecting personal liberty from arbitrary action.
- Some members felt the Draft Article did not go far enough.
- One proposed a series of amendments, one of which gave the accused the right to be defended by a lawyer of their choice.
- He argued that this was necessary to bring the Draft Article in line with the existing statutory provisions.
- This was accepted by the Assembly.
Other members were concerned about the lack of safeguards for preventively detained persons. Several wanted to reduce the permissible time period for this detention, to periods ranging from two months to fifteen days to twenty four hours, One member wanted to extend the right to be informed of grounds for one’s arrest to such detainees, arguing that this would restrain police officers from indiscriminately arresting people.
- All of these amendments were rejected by the Assembly.
- Members pointed out that the provisions relating to the Advisory Board were vague and did not contain guidelines for its functioning or safeguards for the rights of detained persons.
- In response to these concerns, the Chairman proposed to amend clause (4) to give Parliament the power to frame laws setting out the procedure to be followed by the Advisory Board.
This was accepted by the Assembly. The amended Draft Article was adopted on 16th September 1949.
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Who is the founder of RTE Act?
Passage – The bill was approved by the cabinet on 2 July 2009. Rajya Sabha passed the bill on 20 July 2009 and the Lok Sabha on 4 August 2009. It received Presidential assent and was notified as law on 26 August 2009 as The Children’s Right to Free and Compulsory Education Act.
The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the then Prime Minister Manmohan Singh, In his speech, Dr. Singh stated, “We are committed to ensuring that all children, irrespective of gender and social category, have access to education.
An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India.” It has now come into force in Jammu and Kashmir after its reorganisation into a Union Territory of India in 2019.
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.
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Who proposes new Amendment?
Amendments may be proposed either by the Congress, through a joint resolution passed by a two-thirds vote, or by a convention called by Congress in response to applications from two-thirds of the state legislatures.
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