what are constitutional provisions
Answers
Constitutional provision is a law that is written in the Constitution itself and does not come from a rule or statute. It establishes the basic rights, duties and structure of the polity. These provisionscannot be easily altered except by the way of amendment procedure given in theConstitution itself.
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Constitutional provision is a law that is written in the Constitution itself and does not come from a rule or statute. It establishes the basic rights, duties and structure of the polity. These provisions cannot be easily altered except by the way of amendment procedure given in the Constitution itself.
Ex :-
The Constitutional provisions of India
CONSTITUTIONAL PROVISIONS
1.1 The Constitution of India clearly defines the role of Central and
State Governments in the federal structure. As per the constitutional
provision, all activities in Government sphere are categorised as falling in
Central List, State List or Concurrent List. While there is no ambiguity with
regard to the Central List and State List, activities falling under Concurrent
List are subject to overlapping of jurisdiction of the Government of India
and the State Governments. States are primarily responsible for major
sectors like health, education, employment, etc. which often involve large
public expenditures. Since successful implementation of development
programme requires availability of adequate funds, appropriate policy
framework, and effective delivery machinery, Central Government needs
to work with the States to undertake their responsibility in effective
manner. Recognising the higher resource requirements of the States
relative to their resource raising powers, the Constitution mandates to
transfer funds to the State Governments through statutory transfer of tax
receipts collected by Centre through the Finance Commission award. In
addition, the States access central plan funds through Centrally Sponsored
Schemes (CSS) and Central assistance to State Plans.
These policies specifically mention several areas. Article 38 of the
Constitution mentions as follows:
“38. State to secure a social order for the promotion of welfare of
the people. –
(1) The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in
which justice, social, economic and political, shall inform all the
institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities
in income, and endeavour to eliminate inequalities in status,
facilities and opportunities, not only amongst individuals but
also amongst groups of people residing in different areas or
engaged in different vocations.”
1.4 It is clear, therefore, that it is important for the national
government to make policies to minimize inequalities not only amongst
individuals or groups of people living in States but also amongst these
people residing in different areas of the country. Similarly, Article 47 of
the Constitution mentions that it is the duty of the State to raise the level
of nutrition, standards of living of its people and improve public health.
Specifically, under Article 45 of the Constitution mentions “45. Provision
for early childhood care and education to children below the age of six
years. – The State shall endeavour to provide early childhood care and
education for all children until they complete the age of six years.” Given
the need for employment, the Directive Principles have made a special
mention of this
Until the Fourth Five Year Plan, Central Assistance to States for
implementation of plan programmes within the States’ jurisdiction was
given in the form of scheme-wise allocation of funds resulting in rigidities
and inefficiencies in the system and inequitable distribution of Central
Assistance. The quantum of such assistance depended on the financial
position and requirements of both Centre and the States. It was only from
the Fourth Plan onwards that a separate classification of schemes as CSS
was introduced. These schemes had a national character, and dealt with
areas/concerns like family planning, agricultural workers, research and
training etc. Since then the number of schemes covered under the
Centrally Sponsored category has multiplied.
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