Indian Constitution Study Material, B.Com. PDF

INDIAN CONSTITUTION Study Material Semester – IV BMS/B.Com Edition: 2023 #44/4, District Fund Road, Behind Big Bazaar, Jayanagar 9th Block, Bengaluru, Karnataka 560069 Course: B.Com...

INDIAN CONSTITUTION Study Material Semester – IV BMS/B.Com Edition: 2023 #44/4, District Fund Road, Behind Big Bazaar, Jayanagar 9th Block, Bengaluru, Karnataka 560069 Course: B.Com Semester: No. of Hours: 45 Hours Credits: 3 Subject: INDIAN CONSTITUTION Course Objectives: The purpose of the course is to familiarize the students with the key elements of Indian constitution. The course has been designed to cover the journey of the Indian from its emergence as a Republic. It will enable the students to understand various political institutions that are operationalized under the Indian Constitution. Module – 1: BIRTH OF INDIAN CONSTITUTION 8 HOURS I. Evolution of Indian Constitution-its sources and salient features; Constitutional Assembly Debates (deliberations on federalism and secularism) II. Philosophical foundations and core values- The Preamble-its meaning, ideals and significance Module – 2: RIGHTS, DUTIES, AND CITIZENSHIP 10 HOURS I. Liberty, Equality, Fraternity and Justice- Fundamental rights and duties; Directive Principles of State Policy II. Citizenship- key principles with reference to Citizenship Act, 1955 and later amendments; Migration-legal and illegal migrants, major issues and concerns Module – 3: DEMOCRACY AND ELECTORAL SYSTEM IN INDIA 11 HOURS I. Perspectives on changing character of the Indian State (developmental, welfare neo-liberal dimensions); Indian democratic experience- strengths and weaknesses with reference to functioning of Union Parliament and the executive (President and Prime Minister) II. Freedom, fairness and competition-electoral system in India- role of Election Commission of India Module–4: PLURALITY,INCLUSIVITY AND IDENTITY-BASED POLITICS 8 HOURS I. Unity, integrity and diversity- the federal experiment II. Neutrality vs. engagement- politics of region (meaning and forms of regionalism in India with reference to demand for smaller states), religion (secularism and its practice) and reservation (caste-based Affirmative Action) Module – 5: UPHOLDING CONSTITUTIONAL VALUES 8 HOURS I. Human Dignity and Social Justice- New Social Movements (Environmental movements, women’s movements, Anti-corruption RTI movement) II. Safeguarding Constitutional Values- power of law and courts (judicial review and the basic structure debate; judicial activism) Reference Books : 1. Basu, D.D (2018), Introduction to the Constitution of India, Lexis Nexis, 23rd Edition. 2. Chakravarthy, B and K.P. Pandey (2006), Indian Government and Politics, Sage Publications, New Delhi. 3. Deshpande, R (2005), State and Democracy in India: Strategies of accommodation and Manipulation, Occasional Paper, Series III, No. 4, Special assistance Programme, Department of Politics and Public Administration, University of Pune. 4. Jaffrelot Christophe and Kalyankar, S. (2017),“To What Extent is India a Union of States? From Quasi Federalism to National Federalism”, Institut Montaigne, Policy  Brief. 5. Jayal, Niraja G (2007), Democracy in India, OUP, New Delhi. 6. Manor, James (1994), The Prime Minister and the President: Redefining Accountability in the Era of Coalition Government’, in A.Mehra and G. Kueck (eds.) The Indian Parliament: A Comparative Perspective, New Delhi, Konark, Pp. 350-368. 7. Mehta, Pratap Bhanu (2010), The Oxford Companion to Politics in India, OUP New Delhi. 8. Palshikar, S (2008), ‘The Indian State: Constitution and Beyond’ in R. Bhargava (ed.) Politics and Ethics of the Indian Constitution, OUP, New Delhi, Pp. 143-163. 9. Pantham, Thomas (1997), “Indian Secularism and its Critics: Some Reflections”, The Review of Politics, Vol.59 No.3 pp. 523-540. 10. Pylee, M.V (2017), India’s Constitution, S. Chand Publication, New Delhi, 16th edition 11. Ramachandran, R. (2006), ‘The Supreme Court and the Basic Structure Doctrine’ in B. Kirpal et.al (eds.) Supreme but not Infallible: Essays in Honour of the Supreme Court of India, OUP, New Delhi, Pp. 107-133 12. Rudolph L. And Rudolph S. (2008), Judicial review versus Parliamentary Sovereignty’ in Explaining Indian Institutions: A Fifty Year Perspective, 1956-2006: Volume: The Realm of Institutions: State Formation and Institutional Change, OUP, New Delhi, Pp. 183-210. 13. Singh, Ujjwal Kumar and Roy, Anupama (2019), Election Commission of India: Institutionalizing Democratic Uncertainties, OUP, New Delhi. 14. Vora, R and Palshikar, S (eds.) (2004), Indian Democracy: Meanings and Practices, Sage Publications, New Delhi. CO NO COURSE OUTCOME BTL 1 Identify the basic features and significance of the Constitution and 1 appreciate the continued relevance of its Preamble 2 Develop an understanding of the basic principles and goals of 2 citizenship and the value of fundamental rights and civic duties in fostering good citizenship practices in a democratic fabric 3 Examine the uniqueness of Indian model of democracy and identify 3 its major challenges and problems 4 Analyse the nature of Indian federal structure and processes and 4 recognizing the need for centre-state co-operation 5 Assess the Indian State’s response to regional, religious and caste- 5 based pluralities within the constitutional framework 6 Demonstrate awareness of the role and impact of social movements 5 and judicial interventions in addressing concerns of ecological degradation and human injustice INTRODUCTION TO INDIAN CONSTITUTION: MODULE 1:BIRTH OF INDIAN CONSTITUTION CONSTITUTION OF INDIA: EVOLUTION AND SALIENT FEATURES The Constitution of India is the ultimate law of India. It provides the framework defining fundamental principles of politics, creates the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. The Indian constitution is a lengthy document consisting of 474 articles in 25 parts and 12 schedules. It was drafted by the Constituent Assembly, which was elected by the people of India in 1946 to write a new constitution for independent India. The Constitution was promulgated on 26 November 1949 by Dr Rajendra Prasad, the first President of India. History of Indian Constitution The formation of a Constitution is an amalgam of politics. The Indian Constitution is the topmost and supreme law of India and it has cultural forces, the needs of present-day society coupled with its vision for the future. It aims at reconciling the conflicting interests and aspirations of diverse sections in order to maintain harmony in society. The framework provided by our Constitution has been effective in accommodating and managing these contradictions. The Constitution of India is the longest written constitution in the world, containing 474 articles in 25 parts, 12 schedules and 106 amendments. The Constituent Assembly which was constituted on August 14, 1947, to draft the Constitution of free India was a unique body consisting of representatives from all sections of Indian society – men and women, landlords and peasants, capitalists and workers, Hindus and Muslims, Sikhs and Christians. It represented the unanimous will of all Indians to build an independent, democratic and secular India. The Assembly was presided over by Dr Rajendra Prasad who later became the first President of free India. Evolution of Indian Constitution: The Indian Constitution is the longest written constitution in the world and underwent a number of changes in order to reflect the changing needs of the country. The first version was drafted in 1835 by William Bentinck, but it never came into force. The original Constitution of India was adopted on November 26, 1949, and has been amended over a hundred times. The Constitution of India is based on the British Westminster system and has three branches – the executive, judiciary and legislature. The President is the head of state, while the Prime Minister is the head of government. The Parliament consists of two houses – the Lok Sabha (House of People) and Rajya Sabha (Council of States). Evolution and Framing of Indian Constitutions – Overview 1. In 1938, Jawaharlal Nehru, on behalf of the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of the adult franchise’. 2. The demand was finally accepted in principle by the British Government in what is known as the’ August Offer’ of 1940. In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to be adopted after World War II.  3. The Cripps Proposals were rejected by the Muslim League which wanted India to be divided into two autonomous states with two separate Constituent Assemblies. Finally, a Cabinet Mission was sent to India. While it rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly which more or less satisfied the Muslim League. 4. It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a Constitution for India: The Constituent Assembly, which had been elected for undivided India and held its first sitting on December 9 1946, reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India. 5. It was elected by indirect election by the members of the Provincial Legislative Assembly (Lower House only), according to the scheme recommended by the Cabinet Delegation. The essentials of this scheme were as follows –  The Provinces elected 292 members while the Indian States were allotted a maximum of 93 seats,  The seats in each province were distributed among the three main committees Muslim, Sikh, and General, in proportion to their respective population.  Members of each community in the Provincial Legislative Assembly elected their own representatives by the method of proportional representation with a single transferable vote,  The method of selection in the case of representatives of Indian States was to be determined by consolation. As a result of the Partition under the Plan of June 3, 1947, a separate Constituent Assembly was set up for Pakistan. The representatives of Bengal, Punjab, Sind, North-Western Frontier Province, Baluchistan and the Sylhet district of Assam (which had joined Pakistan by a referendum) ceased to be members of the Constituent Assembly of India, and there was a fresh election in the new Provinces of West Bengal and East Punjab. (Hence, when the Constituent Assembly reassembled on Oct. 31, 1947) the membership of the House was reduced to 299. Of these 284 were actually present on Nov. 26, 1949, and appended their signatures to the Constitution as finally passed. India was originally ruled by the East India Company, and a number of laws were passed to control their actions. The Regulating Act (1773) The Regulating Act (1773), established a committee headed by Warren Hastings to manage company affairs. It also gave the Supreme Court jurisdiction over all British subjects in India. The Pitt’s India Act of 1784 The Pitt’s India Act of 1784, established the Board of Control and Secret Committee to manage company affairs. The Charter Acts (1813, 1833) The Charter Acts (1813, 1833), provided for a governor-general with all legislative powers in Bengal. It also abolished the requirement of the Company to receive British Parliamentary approval for all its actions. The Charter Act 1853 The Charter Act 1853, ended the Company’s monopoly and opened up India to private enterprise. The Government of India Act 1858 The Government of India Act 1858, ended company rule and vested all legislative powers in a viceroy assisted by an Executive Council and Legislative Council at the centre. It also provided for provincial legislative councils with official majorities to be presided over by lieutenant governors or chief commissioners The Indian Councils Act 1861 The Indian Councils Act 1861, enlarged the Legislative Councils in the presidencies of Bombay, Madras and Calcutta. It also allowed for non-official members to be elected to the Councils. The India Council Act of 1892 The India Council Act of 1892, enlarged the Legislative Councils in the presidencies at Calcutta, Madras and Bombay. It also provided for one-third of the members to be elected by municipalities and district boards. Indian Councils Act of 1909 Indian Councils Act of 1909, also known as the Minto-Morley Reforms. It enlarged the Legislative Councils in all provinces and provided for one-third of the members to be elected by universities, district boards and municipalities. Certain categories of Indians were also given seats in the Councils. Government of India Act of 1919 The Government of India Act 1919, also known as the Montagu-Chelmsford Reforms. It divided British India into provinces and princely states and provided for a system of dyarchy. The governor-general was replaced by a viceroy, who would act on the advice of the ministers in the provinces. The Government of India Act 1935 The Government of India Act 1935, provided for a central government with executive and legislative councils and a bicameral legislature. It also provided for provincial legislatures with elected majorities and the introduction of responsible government in the provinces. Indian Independence Act of 1947 The Indian Independence Act of 1947, ended British rule in India and split it into two dominions – India and Pakistan. It took a long time for India to have its own constitution. The British rule in India lasted nearly 200 years, and the reforms introduced by them were aimed at gradually transferring power to the Indians. After this evolution of Indian constitutions came into the hands of Indians. Salient Features of Indian Constitution 1. Lengthiest Written Constitution There are two types of constitutions: written (like the American Constitution) and unwritten (like the British Constitution). The Indian Constitution holds the title of being the world’s longest and most comprehensive constitution to date. In other words, of all the written constitutions in the world, the Indian Constitution is the longest. It is an extremely thorough, intricate, and extensive document. 2. Drawn from Various Sources The majority of the provisions of the Indian Constitution were taken from other nations’ constitutions as well as from the Government of India Act of 1935 (about 250 of the Act’s provisions were included in the Constitution). Dr. B. R. Ambedkar proclaimed with pride that the Indian Constitution was drafted after “ransacking all known Constitutions of the world.” The Government of India Act of 1935 served as the foundation for a substantial portion of the Constitution’s structural provisions. The Irish and American Constitutions, respectively, served as models for the philosophical sections of the Constitution (the Fundamental Rights and the Directive Principles of State Policy). The British Constitution served as a major inspiration for the political portion of the American Constitution, including the notion of Cabinet administration and the relationships between the executive and legislative. 3. Blend of Rigidity and Flexibility There are two types of constitutions: stiff and flexible. A rigid constitution, like the American Constitution, is one that must be amended through a certain process. A flexible constitution, like the British Constitution for instance, is one that can be changed in the same way that regular laws are produced. The Indian Constitution is a special illustration of how rigidity and flexibility may coexist. A constitution’s amendment process determines whether it is rigid or flexible. 4. Federal System with Unitary Bias A federal structure of governance is established under the Indian Constitution. Every characteristic of a federation is present, including two governments, a division of powers, a written constitution, the supremacy of the Constitution, its rigour, an independent judiciary, and bicameralism. K C Wheare has alternately defined the Indian Constitution as “federal in form but unitary in spirit” and “quasi-federal”. 5. Parliamentary Form of Government The British Parliamentary System of Government has been chosen by the Indian Constitution above the American Presidential System of Government. The presidential system is founded on the notion of the separation of powers between the two organs, whereas the parliamentary system is based on the idea of cooperation and coordination between the legislative and executive organs. The Westminster model of governance, responsible government, and cabinet government are other names for the parliamentary system. The parliamentary system is established by the Constitution both at the Center and in the States. It is known as a “Prime Ministerial Government” since the prime minister’s position has grown so important in parliamentary systems. 6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy The British Parliament is linked to the theory of parliamentary sovereignty, while the American Supreme Court is linked to the doctrine of judicial supremacy. The Indian Supreme Court has less judicial review authority than the US Supreme Court, much as how the Indian parliamentary system varies from the British one. This is so that it can be contrasted with the Indian Constitution’s “procedure established by law” and the American Constitution’s guarantee of “due process of law” (Article 21). 7. Rule of Law This axiom states that men are not infallible and that hence people are ruled by law rather than men. The statement is essential to a democracy. The notion that the rule of law is supreme in a democracy is more significant. The main component of law is custom, which is nothing more than the ordinary people’s ingrained behaviors and beliefs over a lengthy period of time. Rule of law, in the end, refers to the supremacy of the collective knowledge of the people. 8. Integrated and Independent Judiciary A single, integrated judicial system exists in India. The Indian Constitution also establishes an independent judiciary by preventing the legislature and government from having any influence over it. The supreme court of the legal system is known as the Supreme Court. The state-level High Courts are superior courts to the Supreme Court. District courts and other lower courts fall within the high court’s hierarchy of subordinate courts. As the highest court of appeal, the protector of people’ basic rights, and steward of the Constitution, the Supreme Court is a federal court. As a result, the Constitution contains a number of safeguards that guarantee its independence. 9. Fundamental Rights Six Fundamental Rights are guaranteed to all citizens of India under Part III of the constitution. One of the key components of the Indian Constitution is the guarantee of fundamental rights. The fundamental tenet of the Constitution is that everyone has a right to certain freedoms as a fellow human being, and that the exercise of those freedoms is independent of majority or minority opinion. Such rights cannot be revoked by a majority. The purpose of the fundamental rights is to further the notion of democratic democracy. 10. Directive Principles of State Policy The Directive Principles of State Policy is a “new aspect,” in Dr. B. R. Ambedkar’s words, of the Indian Constitution. They are listed in the Constitution’s Part IV. For the sake of ensuring social and economic justice for our citizens, the Directive Principles were incorporated into our Constitution. According to Directive Principles, money will not be concentrated in the hands of a small number of people under India’s welfare state. They are inherently not justiciable. The Indian Constitution is established on the foundations of the balance between the Fundamental Rights and the Directive Principles, the Supreme Court ruled in the Minerva Mills case (1980). 11. Fundamental Duties The fundamental obligations of citizens were not outlined in the original constitution. The Swaran Singh Committee’s suggestion led to the 42nd Amendment Act of 1976, which introduced Fundamental Duties to our Constitution. It outlines a list of ten Fundamental Duties that all Indian people must uphold. One more essential obligation was later added by the 86th Constitutional Amendment Act of 2002. While the duties are expectations placed on every citizen, the rights are offered to the people as guarantees. 12. Indian Secularism India’s Constitution upholds a secular government. As a result, it does not support a specific religion as the state’s official religion in India. The idea seeks to create a secular state. This does not imply that the Indian government is hostile to religion. The Indian constitution exemplifies secularism, which is the practice of treating all religions equally or providing equal protection for all of them. 13. Universal Adult Franchise One person, one vote is the foundation upon which Indian democracy is based. Elections are open to all Indian citizens who are 18 years old or older, regardless of caste, sex, colour, religion, or status. The mechanism of the universal adult franchise set forth in the Indian Constitution establishes political equality in India. 14. Single Citizenship As is the case in the USA, citizens of federal states typically have dual citizenship. There is just one citizenship in India. It implies that every Indian is a citizen of India, regardless of where they were born or where they currently reside. He or she may be a resident of a Constituent State like Jharkhand, Uttaranchal, or Chhattisgarh, but they are not a citizen of that state; instead, they are a citizen of India. All Indian citizens have equal access to employment opportunities throughout the nation and to all of India’s rights. 15. Independent Bodies The Indian Constitution establishes a number of independent entities in addition to the legislative, executive, and judicial branches of the federal and state governments. The Constitution views them as the cornerstones of India’s democratic system of government. 16. Emergency Provisions The authors of the Constitution anticipated that there might be circumstances in which the government could not function as it does in normal circumstances. The Constitution elaborates on emergency provisions to deal with such circumstances. During a crisis, the state governments take complete control of the federal government, which gains absolute authority. 17. Three-Tier Government The Indian Constitution originally called for a dual polity and included clauses describing the structure and authority of the Centre and the States. Later, a third level of governance (local government), which is absent from all other international constitutions, was added by the 73rd and 74th Constitutional Amendment Acts (1992). By adding a new Part IX and a new Schedule 11 to the Constitution, the 73rd Amendment Act of 1992 gave the panchayats (rural local governments) formal status. Similar to this, the 74th Amendment Act of 1992 provided urban local governments (municipalities) official recognition by introducing a new Part IX-A and Schedule 12 to the Constitution. 18. Co-operative Societies The 97th Constitutional Amendment Act of 2011 granted cooperative societies a constitutional status and provided for their protection. It gives the Parliament the authority to create the necessary laws regarding multi-state cooperative societies, and it gives state legislatures the authority to do the same for other cooperative societies. Criticism of Salient Features of Indian Constitution The Indian Constitution is one of the most comprehensive and well-drafted constitutions in the world. However, it is not without its critics. Some of the salient features of the Constitution that have been criticized include: Length and complexity: The Indian Constitution is one of the longest constitutions in the world, with over 450 articles. This can make it difficult for ordinary citizens to understand and comprehend the Constitution. Rigidity and flexibility: The Constitution is both rigid and flexible. On the one hand, it is difficult to amend the Constitution, as amendments require a special majority in both houses of Parliament. On the other hand, the Constitution has been amended over 100 times, which suggests that it is not flexible enough to meet the changing needs of the country. Federalism with a unitary bias: The Indian Constitution establishes a federal system of government, with power divided between the central government and the state governments. However, the Constitution gives the central government more power than the state governments. This has led to accusations that the Constitution is unitary in nature. Parliamentary form of government: India has a parliamentary form of government, in which the executive branch is responsible to the legislature. This system of government has been criticized for being too unstable and for leading to frequent changes in government. Fundamental rights: The Indian Constitution guarantees six fundamental rights to all citizens of India. However, these rights have been criticized for being too restrictive and for not providing adequate protection to citizens.  Directive Principles of State Policy: The Constitution lays down certain Directive Principles of State Policy (DPSPs) which are guidelines for the government to follow in order to achieve social justice and economic development. However, the DPSPs are not enforceable in a court of law and have been criticized for being toothless. Emergency provisions: The Constitution includes emergency provisions that allow the central government to suspend fundamental rights and impose direct rule on the states during times of emergency. These provisions have been criticized for being too broad and for being used by the government to suppress dissent. Philosophical Foundations and core values: Definition According to Aristotle, “constitution is the way in which citizens, who are component parts of the state, are arranged in relation to one another”. Lord Bryce says, “Constitution is a set of established rules embodying and enacting the practice of government”. Herman finer observes, “Constitution is a system of fundamental political institution. He also points out that it is an autobiography of a power relationship in society. The units of power are individual, society, elections, parties, parliament, executive and judiciary”. In the words of Cooley, an American jurist, it is the fundamental law of the state, containing the principles upon which the government is founded, regulating the division of the sovereign powers, and directing to what persons each of these powers is to be exercised”. Elements From the above mentioned definitions one may observe a rare unanimity among scholars regarding the nature and characteristics of constitution. Perhaps, this understanding has risen out of enormous theory of constitution and extensive practice of it over the past two hundred and more years. a) It determines the form of the state- democratic or totalitarian. b) The power and function of the organs of government and their mutual relations are described in it separation or fusion. c) It provides the relation between the government and the people- basic rights with protection of the judiciary. d) It may be written or unwritten- in one or many documents. e) The method of changing the constitution is provided in it. The constituent assembly of India  Every country of the world does have a constitution. Constitution is fundamentally a body of rules and regulation, which serves as a basic frame work under which people are governed in a country. The constitution is referred to as the fundamental law of the land. Remarking on the importance of constitution a political scientist has said, as there can’t be a man without his head, similarly no state can exist without a constitution. The constitution of India is the culmination of long historical struggle against the British. The freedom struggle in its initial phase was oriented towards getting legislative measures to address the grievances of the Indians. The need for having our own constitution was felt in the later phases of freedom struggle. The prominent members of the constituent assembly consisted of members from all walks of life. Eminent lawyers dominated the assembly. Some of the members were Jawaharlal Nehru, Maulana Azad, and Sardar Patel, Rajendar Prasad, Ambedkar, Sarojini Naidu. Preamble Came into existence on 26th January 1950, subsequently changed in 1976 reads as follows: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST 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, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. The enacting words "We, the people of India...in our constituent assembly...do here by adopt, enact and give to ourselves this constitution", signifies the democratic principle that power is ultimately vested in the hands of the people. It also emphasizes that the constitution is made by and for the Indian people and not given to them by any outside power (such as the British Parliament). Sovereign:-The word sovereign means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. The Popular sovereignty is also one of the basic structures of constitution of India. Hence, Citizens of India also enjoys sovereign power to elect their representatives in elections held for parliament, state legislature and local bodies as well. Socialist:-The word socialist was added to the Preamble by the Forty-second Amendment. It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds only of caste, color, creed, sex, religion, or language. Under social equality, everyone has equal status and opportunities. Economic equality in this context means that the government will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasized a commitment towards the formation of a welfare state. India has adopted a socialistic and mixed economy and the government has framed many laws to achieve the aim. Secular:-The word secular was also inserted into the preamble by the Forty- second Amendment. (1976) it implies equality of all religions and religious tolerance. India therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose. The government must not favor or discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government-aided schools. Nevertheless, general information about all established world religions is imparted as part of the course in Sociology, without giving any importance to any one religion or the others. The content presents the basic/fundamental information with regards to the fundamental beliefs, social values and main practices and festivals of each established world religions. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution. Democratic:-The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly indicate the democratic spirit involved even in the Constitution. India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult suffrage; popularly known as "one man one vote". Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, color, sex, religion or education.  Republic:-As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President of India is not hereditary. Every citizen of India is eligible to become the President of the country. Justice:-Indian society was ridden with social and economic inequalities. There are enormous differences in terms of wealth and status. The caste system also divides the people into upper and lower caste. Indian constitution seeks to remove such inequalities and ensure social, economic, and political justice. Liberty:-It is essential requirement of democratic and free society as it aims to ensure all round development of the individual and ensure adequate rights to people. Liberty implies absence of arbitrary restriction on individuals, as well as creation of conditions in which individuals can freely develop their personality. Equality:-It implies equal opportunity to all individuals. It has two dimensions equality of status and opportunity. The status is ensured by abolition of untouched ability and the titles and no discrimination based on caste sex or color. Opportunity is secured by principle of rule of law and non discrimination in the matters of public appointment. Fraternity:-Fraternity means a sense of common brotherhood of all Indians, all Indians being one people. It is a principle that gives solidarity to social life. Since different communities have different cultures there needs to be a sense of brotherhood to maintain unity and integrity of the nation. The constitution also aims to remove divisive practices like classism and communalism. Module 1 Multiple Choice Questions 1. When did India become a British colony? a) 1857 b) 1858 c) 1947 d) 1950 2. What is the significance of the Preamble to the Indian Constitution a) It outlines the basic structure of the constitution b) It lists the fundamental rights of citizens c) It serves as an introduction and a preface to the constitution d) It deals with the directive principles of state policy 3. When was the government of India Act established? a) 1885 b) 1947 c) 1935 d) 1920 4. What did the Government of India Act grant to India? a) Significant self-government b) Full independence c) British rule d) No self-government 5. When was the Constituent Assembly of India formed? a) 1935 b) 1946 c) 1950 d) 1965 6. Who was the chairman of the drafting committee of the Constitution of India? a) Mahatma Gandhi b) Dr. B.R. Ambedkar c) Sardar Vallabhbhai Patel d) Jawaharlal Nehru 7. When did the Constituent Assembly of India hold its first meeting? a) December 9, 1946 b) January 26,1950 c) November 1949 d) November 1935 8. How many members were there in the Constituent Assembly of India? a) 395 b) 22 c) 8 d) 389 9. How many articles are there in the Constitution of India?  a) 395 b) 22 c) 8 d) 389 10. When was the Constitution of India adopted and came into force? a) January 26, 1950 b) December 9, 1946 c) November 1949 d) November 1935 11. What is the preamble of the Constitution of India? a) The introduction to the constitution b) The main body of the constitution c) The conclusion of the constitution d) None of the above 12. Which part of the Indian Constitution deals with Fundamental Rights? a) Part 1 b) Part 2 c) Part 3 d) Part 4 13. What are fundamental rights? a) Rights that are fundamental to the existence of a democratic society b) Rights thar are granted by the government c) Rights that are granted by the constitution of India c) None of the above 14. What are directive principles of state policy? a) Guidelines for the government to ensure social and economic justice b) Guidelines for the government to ensure political justice c) Rights that are granted by the constitution of India d) None of the above  15. What is the official language of the Constitution of India? a) Hindi b) English c) Sanskrit d) Tamil 16. How many schedules are there in the Constitution of India? a) 21 b) 17 c) 27 d) 12 17. Who was the President of the Constituent Assembly of India? a) Jawaharlal Nehru b) Rajendra Prasad c) Sardar Vallabhbhai Patel d) B.R. Ambedkar 18. Who is known as the "Father of the Indian Constitution"? a) Jawaharlal Nehru b) Sardar Vallabhbhai Patel c) B.R. Ambedkar d) Mahatma Gandhi 19. Which country's Constitution served as a major inspiration for the drafting of the Indian Constitution? a) United States b) United Kingdom c) France d) Canada 20. How many times has the Indian Constitution been amended so far? a) 100 b) 110 c) 120 d) 130 Module-2 Rights, Duties, and Citizenship 2.1 Introduction 2.2 Learning Objectives 2.3 Liberty 2.4 Equality 2.5 Fraternity and Justice 2.6 Fundamental Rights & Duties 2.8. Directive Principles of State Policy 2.9. Citizenship 2.10 Key Principles with reference to Citizenship Act, 1955 and later amendments 2.11 Migration-Legal and illegal migrants, Major Issues and Concerns 2.12 Summary 2.13. Self-Assessment Questions 2.14. Terminal Questions 2.15. Answers Introduction Indian constitution guarantees fundamental rights and fundamental duties. It has directive principles that act as the guidelines to govern the country, in general. It also provides conditions under which one can claim and relinquish the citizenship of India. Of late, migration from outside the country and within the country is taking place on a large scale in India. The constitution provides the basis under which migration is justified. Learning Objectives This Module deals with  Fundamental Rights of the Indian Citizens  Fundamental duties of Citizens  Directive Principles of State Policy  Citizenship  Key Principles with reference to Citizenship Act, 1955 and later amendments  Migration-Legal and illegal migrants, Major Issues and Concerns Fundamental Rights Fundamental Rights have been included in the IIIrd part of our constitution. They are known as Fundamental because, they are guaranteed by the constitution. For the development of individual personalities, we require certain privileges & opportunities. Fundamental rights ensure effective enjoyment of those privileges and Judiciary is the guardian of these fundamental rights. There are six fundamental rights given to the citizen of India. They are: 1. Righttoequality. 2. Right tofreedom 3. Right againstexploitation 4. Right to freedom ofreligion 5. Cultural and Educational rights 6. Right to constitutional remedies. Earlier there were seven fundamental rights. The 7 th fundamental right was“Right to Property”. But through the 44 th amendment adopted in 1978, the Right to Property was deleted from Fundamental rights category. A brief summary of fundamental rights is as follows: Right to Equality: Article14– 18 of the Constitution deals with theRight toEquality. It includes Fiverights: Equalitybeforethe Law(Article14):Thisimpliesthatlawsaretobeapplied withoutanydiscrimination. “Equality beforethelaw”means“Allwill betreated alike, no special privileges will be given to anybody – equal protection & equal punishment for equal crime, will be given to one and all without any discrimination”. Exception: Equality beforelaw does not mean absolute equality or equality among the unequals. It means equality among the people similarly situated. It does not prohibit the classification of persons into different groups. It also admits the right of the state to establish special courts for trying cases involving specific offences by certain persons. Prohibition of Discrimination (Article 15): No individual will be discriminated on grounds of religion, sex, caste, colour, race, place of birth etc. with regard to access to shops, restaurants, place of public entertainment or in the  use of wells tanks, roadsetc. Exception: The state can make special provisions for women and children and for the advancement of socially and educationally backward classes or for SC’s and ST’s. This implies protective discrimination in respect of weaker sections of the society. Equality of Opportunity (Article 16): Merits and qualifications will be considered as parameters in giving government jobs and no discrimination will be made. Article 16 clearly states that no citizen shall on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them be ineligible for or discriminatedagainst in respectofanyemployment or officeunderthe state. Exception: The state can make provision for reservation of appointments or posts in favor of any backward class of citizens. The state can also fix residential qualificationasanessentialconditionforapublicemployment. Abolition of untouchability (Article 17): According to this, the practice of untouchability in any form or shape is prohibited. Abolition of Titles (Article 18): Except military or academic titles, no citizen willbe givenany title bythe state. Titles suchas Rai Bahadur, Rai Saheb, Khan Bahadur, Sir (Knighthood) create artificial distinction. Hence titles are not allowed. But in spite of this President can award national honors like: Bharat Ratna, PadmaBhushan, Padma Shri… etc. fortheirimmensecontribution. This article does not prevent the grant of military decorations such as Param Vir Chakra, Ashok Chakra, Vishista Seva Medal etc., Rightto Freedom: Articles 19 – 22 of the constitution deals with the right to freedom. Article 19 is the ‘Key Article’ because it guarantees certain freedom to the citizens. Originally there were seven freedoms given to the citizens. But now it has been reduced to Six. They are: Freedom of speech and expression Freedom to assemble peacefully without arms Freedom to form associations and unions Freedom to movefreelythroughout India Freedomtosettleandreside inany part of India Freedom to practice any profession, occupation or business which are legal. Earlier Freedom to acquire, hold and dispose property was given, but in 1978 with the 44th amendment it has been taken back. Article 20 grants protection against arbitrary arrest. It also further says no person can be arrested and punished for the same offence more than once. No person accused of any offence can be forced to be a witness against himself. It also prohibits against forcible securing of statements or confessions from an accused. Article 21 deals with the right to Life and Liberty of citizens and as well as non- citizens. In the year 2002 article 21 A was added to the constitution through 86th Amendment. This article provides Free and Compulsory education to all children ofthe age of 6 to 14 years. Article 22 says that no person could be arbitrarily arrested and detained. This article says that a person who is arrested and detained should be informed of the ground of his arrest and shall have the right to consult and be defended by a legal practitionerof hischoice. The person who is detained must be presented before the court within 24 hours of his arrest. Rightagainst Exploitation: Article 23 and 24 of the constitution deals with the Right against Exploitation. Article 23 prohibits all kind of bonded labour and all forms of forced labour (Work without Payment). In other words, thisarticle makes selling and buying of men and women and exploitation of people by forcing them to work as bonded labourers or work without remuneration, an offence. For this purpose, in 1956, SITA (Suppressionof ImmoralTraffic in WomenandGirls Act) wasintroduced. Article 24 prohibits the employment of children below the age of 14 years. No child labour can be employed in Hazardous Work. Right to Freedom of Religion: Article 25 to 28 of the Indian Constitution deals with the freedom of religion. Article 25 states freedom of conscience and free profession, practice and propagation of religion. Forcible conversions stands prohibited in India. There is no state religion in India. All religions are equal. People enjoy religious freedom and they can adopt any religion. Article 26 permits the establishment and maintenance of institutions for religious and charitable purposes. Own and acquire movable and immovable property and  manage its own affairs in matters ofreligion. Article27states nopersonshall becompelledtopayanytaxesfor thepromotion of anyreligion. Articles 28 of the Indian Constitution strive towards fulfilling the declared objective of Secularism in India. It says that no religious instruction can be provided in any educational institution, which is wholly maintained by the state fund. No person attending any educational institution can be forced to participate in a religious worship that may be conducted in the institution. Cultural and Educational Rights: Article 29 & 30 of the Indian Constitution deal with this. India is a country of different languages and cultures. So the minorities are assured of the protection of their culture, languageandscript. Article 30 states thatallminorities, whether based on religion or language, shall have the right to establish and administer educationalinstitutionsoftheirchoice. Theyhavetherighttoadmit students to their institution, have their own governing bodies and adopt their respective system of instructions. Further, the state while providing grant-in-aid to educational institutions cannot discriminate against such minority institutions. Minority institutions enjoy autonomy of operations. Right to Constitutional Remedies: Article 32 of the Indian Constitution deal with this. For the effective implementation of fundamental rights – there should be a mechanism, which protects these Fundamental Rights. Hence the constitution has guaranteed in Article32,therighttothepeopletoappealtothe Highcourt or tothe Supreme Court for the enforcement ofthe Fundamental Rights. The Fundamental Rights will become meaningless, if there is no effective mechanism  to check the enforcement of the rights. Hence for the effective enforcement of Fundamental Rights, the Supreme and the High courts are allowed to issue ‘Writs’. Basically ‘Writ’ is a legal instrument, designed to protectthe fundamentalrights. Thereare 5 types ofWrits. Theyare: Habeas Corpus: It is a Latin term, which means ‘You may have the body’. It is a direction of the court to person who has been detaining another person. It directs the detainingpersontobringthedetainedpersoninthecourtforexplainingthegroundsof his detention. Itmeansthatthedetainedpersonshouldbeproducedbeforethecourt, so that thecourt may examine whether the detention is lawful or unlawful. Incase, if the detention is provedunlawful, the court may set him free. However it is notadmissible in cases of persons who stand detained under any preventive detention law like MISA, TADA, POTA…..etc., Mandamus:ItisaLatinterm, whichmeans‘WeOrder’. Itisanorderissuedby thecourt, to a person or toa body to do that, which is his duty to do. Ifan official or a person fails to perform his allotted duty, then the court will command him to perform a duty. This writis issued mostly when some public servant has failedto perform his duty. Prohibition: The Writ of Prohibition is issued, to stop an inferior court to function beyond its jurisdiction. The Superior court issues Prohibition to stop the lower court to Proceed with the case. Example: Prohibiting a Judge from hearing a case in which he is personally interested. Quo Warranto: Ifa person is performing a function, which he is not lawfully entitled to, then the court may stop that person through the writ of‘Quo Warranto’ from exercising that function. To remove a person from an office to which he is not legally entitled to officiate. For example: a Police Sub Inspector solving a case himself and judging the situation. Certiorari: This writ is issued by the upper Court, if it wants some additional information or records from a Lower Court. It may be issued asking the lower court to send to the higher court the records and the proceedings in some case, so that the superior court may beableto deal withthe case more effectively. The difference between Prohibition and Certiorari is that – under Prohibition, the lower court is asked to stop dealing with a case, where as under Certiorari the superior court asks the lower court to supply it with some information, records and proceedings about a particulartrial. Fundamental Duties Rights without duties are meaningless. Ifa person does not perform his duties, others cannot enjoy their rights. If a person has no awareness of his duties, then he is also not entitledto enjoyhisrights. Itisassimpleassaying,if wedo not payourtaxespromptly, we do not haveanymoral rightsofexpectingstatetodischargeitsduties. Henceduties and rights are the two faces of the same coin. The ‘Swaran Singh Committee’, which was appointed in the year 1976, suggested several changes to the constitution. As per the suggestions made by the committee 42 nd Amendment was made to the constitution in the year 1976 and three terms: ‘Socialist’, ‘Secular’ and ‘Integrity of Nation’ were added to the Preamble. If the legislature makes any law against fundamental rights, then the judiciary will declare them “ultra vires”. This ultimate power of the Judiciary is called as Judicial Review. These conceptsare explainedin detail in the later modules. INDIAN CONSTITUTION INCLUDESDETAILED LIST OF FUNDAMENTAL DUTIES: Duties are the obligations that have to be performed by every citizen of the country. There are 11 non-justifiable fundamental duties. They are: - It shall be the duty of every citizen of India: 1) To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem; 2) To cherish and to follow the noble ideals which inspired our National strugglefor freedom. 3) To uphold and protect the Sovereignty, unity and integrity of India; 4) Todefend the Country and render National service when calledupon to do so. 5) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women. 6) ToValue and Preserve the rich heritage of our composite culture; 7) To protect and improve the natural environments including forests, lakes, river and wildlife and to have compassions for living creatures. 8) Todevelop the Scientific Temper, Humanismand the spirit ofenquiryand reform 9) To safeguard public property and to abjure violence. 10) To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement; and 11) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.  The Directive Principles of State Policy Part IV of the Indian Constitution deals with the Directive Principles. The idea of including DirectivePrinciplesintotheconstitutionhasbeenborrowedfromIrishConstitution. The Directive Principles are the ‘Instruments of Instructions’ to both central and state governments. Man, living in society is quarrelsome bynature i.e., even though he lives in society, he can’t give uphisownwayoffeeling,thinkingetc., Thisalwaysresultsinconflicts. Hence to ensurepeaceandorder in thesocietywerequirecertainrulesandregulations. But these rules and regulations don’t come by themselves. There must be an agency for making necessary rules and regulations, another for enforcing those rules and regulation and one more organization topunish theoffenders. These three agencies together in a form of an organisation will be known as Government. This Government functions as an ‘Agent of the State’. So Directive principles are an instruction to the Government to follow certainprinciples while framing andimplementing policies andlaws. Whenever some Government comes into power – they will not be free to do whatever they like. They have to follow certain instructions. Those instructions are known as ‘Directive Principles’. Hence Directive Principles are the set of instructions to all the future Government and the Government agencies to follow certain principles, while ruling and while making law. This is only a‘Code of Conduct’ and place an ‘ideal’ before theGovernment. TheyarenotenforceablebyCourts. Peoplecannotmovetocourtto get these enforced. Part IV of the Constitution manifests the aims and objectives of the constitution. It details the objectives contained in the Preamble of the Constitution. These are the national objectives which every government is supposed to secure and functionsasaleadinglightandgivesproperdirectiontothetaskofthegovernment. Thereare 16 articles(From Articles 36 to Article 51) in the Indian Constitution, which deals with the Directive Principles.  For the convenience of the study, the Directive Principles are divided into 3 categories. They are: The Gandhian Principles The Socialist Principles The Liberal or General Principles The Gandhian Principles: The Gandhian Principles include the following. The State should take steps to:  To organise Village Panchayat as units of Self-government  To promote Cottage Industries on an individual and co-operative basis in rural areas.  To promote educational and economic interests of the weaker sections of the people especially SC & STsand protect them from social injustice and all forms of exploitation.  Prohibitionofintoxication drinksandofdrugsthatareinjurioustohealth.  To organize agriculture and animal husbandry on scientific basis and prohibiting the cow slaughter. These principles aim at achievement of a welfare society on the lines suggested by Mahatma Gandhi. TheSocialist Principles:Article 38, 39, 41,42 and 43 deals withthis. These Socialist Principlesaimat Economic Justice. Someofthe Principlesare: State shall try to provide:  The state policy should aim at providing adequate means of livelihood to all citizens.  Tosecure thewelfare of thepeoplebysecuring asocialorder characterized bysocio, economic and political justice.  Tosecure equitable distribution of material resources to thecommunity with a view to ensure common good.  The Economic system should avoid concentration ofwealthby few people.  The Naturalresources should be utilized to serve the common goal.  There shall be equal pay for equal work for both men and women.  The protection of the strength and health of workers and avoiding circumstances which forces the citizens to take up occupations unsuitable to their age and strength.  To protect children and youth from exploitation and moral and material abandonment  Tosecure participation of workers in the management of industries. The Liberal or the General Principles: The Directive principles mentioned in this category are:  Toprotect all monumentsofhistoricinterestand nationalimportance.  To provide, within 10 years from the commencement of the constitution, a free and compulsory education to all children up to the age of 14.  Tohave a uniform civil code, whichis applicable tothe entire country.  To raise the standard ofnutrition and also the health.  Strive to promote international peace and security.  Toseparate Judiciary from the clutches of executive.  To provide free legal aid to the poor, so that justice is not denied to any citizen because ofpoverty.  Toprotectandimprovetheenvironmentandtosafeguardtheforestsandwildlife of thecountry.  Tomaintain just and honorable relations between nations. These are the principles laid down by the constitution to every form of the future government. Through42 nd and44th amendmentsfivemoredirectiveprinciplesareaddedin part IV. Through 42 nd amendment 4 directive principles were added. Namely: (a) The state shall direct its policy towards securing for the children opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and for protecting children and youth from exploitation and against material abandonment. (b) Thestateshallsecurethattheoperationofthelegalsystempromotesjustice and provide free legal aidto poor and other disabled citizens. (c) The state shall secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry. (d) The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Through 44th amendment one more directive principle was added. It reads “the state shall strive to minimize the inequalities in income and try to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groupsofpeople, residing in differentareas or engagedindifferentvocations”. Implementation of Directive Principles: Even though directive principles are non-justifiable in nature and no person could approach the court for implementing these directive principles, the government has not neglected them. Instead, several initiatives are taken by the government to implement and incorporate them inits dayto day working. Some ofthemare:  Toprevent the concentration ofland holdings inthe hands offew, Zamindari system was abolished.  A three tier localself-government system namely Zilla Panchayat, Taluk Panchayat and Village Panchayats have been organized and given adequate powers and  authority.  Speciallegislationsarepassed to protectthelifeandopportunitiesofwomen and children.  Various reservation schemes are introduced to protect the interests of SC’s and ST’s and other economically backward classes.  Various labour welfare legislation schemes are introduced to protect the life, job opportunities of the workers and ensuring them a better social security measures and working conditions.  Todevelopsmallscaleindustries, cottageindustriesandpromotion of agriculture and animal husbandry, various schemes are introduced.  Several steps have been initiated to achieve free and compulsory education to all children between 6 to 14.  Various rural development schemes and self –employment schemes aim at promoting the quality oflife of the people.  For keeping controlover industries and making them service oriented, state has nationalized several banks, lifeinsuranceand majorindustries. THE NEED TO BALANCE BETWEEN FUNDAMENAL RIGHTS AND DIRECTIVE PRINCIPLES Thefundamental rights and the Directive Principles, together, form thecoreofthe constitution. Both aims at the‘Welfare State’. But two major differences between Fundamental Rights andthe Directive Principles are: 1. Fundamental Rights are Justiciable – In any case Fundamental Rights are violated, we can move the courts oflaw for the restoration ofthe rights but Directive Principles are non-justiciable – If the states takes no steps to implement Directive Principles, no individual can forcethestate to implementthe Directive Principles. 2. Fundamental Rights are the guarantees to the individuals. It prohibits the state from interfering in the opportunities given to the individuals from the constitution itself. But Directive Principles are the positive instructions to the government to promote certain social and economic objectives. These objectives includes – proving better standard of living, education, equal pay for equal work, equitable distribution of wealth, etc. Inspite of the above said differences both constitute the ‘true conscience’ of the constitution. There is some close co-ordination between two in achieving the common goal. As quoted by the Justices Hegde and Mukherjee: “The Fundamental Rights and the Directive principles constitute the ‘Conscience’ of our constitution. The purpose of the fundamental rights is to create an egalitarian society, to free all citizens from coercion or restrictions by society and to make liberty available for all. The purpose of the Directive Principles is to fix certain social and economic goals for immediate attainment by bringing about a non-violent social revolution. Through such a social revolution the constitution seeks to fulfill the basic needs of the common man and to change the structure of our society. It aims at making the Indian masses free in the positive sense. Without faithfully implementing the Directive Principles, it is not possible to achieve the ‘Welfare State’ contemplated by the Constitution” Hence to conclude- Directive Principles cannot be ignored on non-justiciable basis saying it is only a ‘Pious Wishes’. While making an evaluation of the implementation of Directive Principles, we should remember that our governments have to function under several limitations. They have to function under a circumstance which makes it difficult,toimplementalltheDirective Principles. Someofsuchlimitationsare:Scarcity of funds is a major hindrance. A vast majority of our people are illiterate. While cottage industries havetobeencouraged, wecannotignorethelargescaleandheavyindustries. We definitely need them to find employment for the every growing population and for the rapid economic develop ment of the country. To have a ‘uniform civil Cod e’ for the whole country is impossible because it is very difficult to carry different communities and different sections of the people with the uniform law. With this the religious and the communal sentiments will be hurt and finally the ‘corruption’ at various levels also becomes a major obstacle. Hence, the constitution aims at socio-economic democracy, through Directive Principles. ‘Goals’ have been set. It now depends on the government as to how far it will be successful in achieving these goals. Citizenship At the commencement of this Constitution, every person who has his domicile in the territory of India and— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— (a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948 Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Gover nment of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State Every person who is or is deemed to be a citizen of India under any of the  foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. Key Feature of Citizenship Act of 1955 The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. A person may become an Indian citizen if they are born in India or have Indian parentage or have resided in the country for a period of time, etc. However, illegal migrants are prohibited from acquiring Indian citizenship. Who is Illegal Migrant? “Illegal migrant” means a foreigner who has entered into India― (i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time;] 3[Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920) or from the application of the provisions of the Foreigners Act, 1946 (31 of 1946) or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act;] An illegal migrant is a foreigner who: (i) enters the country without valid travel documents, like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period. Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. The 1946 and the 1920 Acts empower the central government to regulate the entry, exit and residence of foreigners within India. In 2015 and 2016, the central government issued two notifications exempting certain groups of illegal migrants from provisions of the 1946 and the 1920 Acts. These groups are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who arrived in India on or before December 31, 2014. This implies that these groups of illegal migrants will not be deported or imprisoned for being in India without valid documents. Types of Acquisition of Citizenship 1) Citizenship by birth― (1) Except as provided in sub-section (2), every person born in India― (a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where― (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth. (2) A person shall not be a citizen of India by virtue of this section if at the time of his birth― (a) either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then under occupation bythe enemy.] 2. Citizenship by descent― [(1) A person born outside India shall be a citizen of India by descent― (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth: Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless― (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a Government in India: 3) Citizenship by Registration―[(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:― (a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and 3[is ordinarily resident in India for twelve months] immediately before making an application for registration; (g) a person of full age and capacity who has been registered as an 4[Overseas Citizen of India Cardholder] for five years, and who 5[is ordinarily resident in India for twelve months] before making an application for registration. Explanation 1.―For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if― (i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. Explanation 2.―For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.] OVERSEAS CITIZENSHIP Registration of Overseas Citizen of India (OCI) Cardholder―(1) The Central Government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an Overseas Citizen of India Cardholder― (a) any person of full age and capacity― (i) who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or (ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or (iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a); or (c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or (d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section. TERMINATION OF CITIZENSHIP Renunciation of citizenship―(1) If any citizen of India of full age and capacity, 1***, makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs. (2) Where 2[a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration 3[in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. Renunciation of citizenship―(1) If any citizen of India of full age and capacity, 1***, makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs. (2) Where 2[a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration 3[in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. Issues to consider Whether differentiating on grounds of religion is a violation of Article 14 The Bill provides that illegal migrants who fulfil four conditions will not be treated as illegal migrants under the Act. The conditions are: (a) they are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians; (b) they are from Afghanistan, Bangladesh or Pakistan; (c) they entered India on or before December 31, 2014; (d) they are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura included in the Sixth Schedule to the Constitution, or areas under the “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and Nagaland. Article 14 guarantees equality to all persons, including citizens and foreigners. It only permits laws to differentiate between groups of people if the rationale for doing so serves a reasonable purpose. The question is whether this provision violates the right to equality under Article 14 of the Constitution as it provides differential treatment to illegal migrants on the basis of (a) their country of origin, (b) religion, (c) date of entry into India, and (d) place of residence in India. We examine below whether these differentiating factors could serve a reasonable purpose. First, the Bill classifies migrants based on their country of origin to include only Afghanistan, Pakistan and Bangladesh. The Statement of Objects and Reasons in the Bill (SoR) states that India has had historic migration of people with Afghanistan, Pakistan and Bangladesh, and these countries have a state religion, which has resulted in religious persecution of minority groups. While the SoR reasons that millions of citizens of undivided India were living in Pakistan and Bangladesh, no reason has been provided to explain the inclusion of Afghanistan. Further, it is not clear why migrants from these countries are differentiated from migrants from other neighbouring countries such as Sri Lanka (Buddhist state religion) and Myanmar (primacy to Buddhism). Sri Lanka has had a history of persecution of a linguistic minority in the country, the Tamil Eelams. Similarly, India shares a border with Myanmar, which has had a history of persecution of a religious minority, the Rohingya Muslims. Over the years, there have been reports of both Tamil Eelams and Rohingya Muslims fleeing persecution from their respective countries and seeking refuge in India. Given that the objective of the Bill is to provide citizenship to migrants escaping from religious persecution, it is not clear why illegal migrants belonging to religious minorities from these countries have been excluded from the Bill. Second, with respect to classification based on religious persecution of certain minorities in Pakistan, Afghanistan and Bangladesh, it may be argued that there are other religious minorities in these countries, who face religious persecution and may have illegally migrated to India. For example, over the years, there have been reports of persecution of Ahmadiyya Muslims in Pakistan (who are considered non-Muslims in that country), and the murder of atheists in Bangladesh. It is unclear why illegal migrants from only six specified religious minorities have been included in the Bill. Third, it is also unclear why there is a differential treatment of migrants based on their date of entry into India, i.e., whether they entered India before or after December 31, 2014. Fourth, the Bill also excludes illegal migrants residing in areas covered by the Sixth Schedule, that is, notified tribal areas in Assam, Meghalaya, Mizoram and Tripura. The purpose behind the enactment of the Sixth Schedule of the Constitution was to aid in the development of tribal areas through autonomous councils, while protecting the indigenous population in these areas from exploitation and preserving their distinct social customs. The Bill also excludes the Inner Line Permit areas. Inner Line regulates the entry of persons, including Indian citizens, into Arunachal Pradesh, Mizoram and Nagaland. Once an illegal migrant residing in these areas acquires citizenship, he would be subject to the same restrictions in these areas, as are applicable to other Indian citizens. Therefore, it is unclear why the Bill excludes illegal migrants residing in these areas. Wide discretion to government to cancel OCI registration The 1955 Act provides that the central government may cancel the registration of OCIs on various grounds. The Bill adds one more ground for cancelling registration, that is, if the OCI has violated any law notified by the central government. It further states that orders for cancellation of OCI should not be passed till the cardholder is given an opportunity to be heard. It may be argued that giving the central government the power to prescribe the list of laws whose violation result in cancellation of OCI registration, may amount to an excessive delegation of powers by the legislature. The Supreme Court has held that while delegating powers to an executive authority, the legislature must prescribe a policy, standard, or rule for their guidance, which will set limits on the authority’s powers and not give them arbitrary discretion to decide how to frame the rules. The Bill does not provide any guidance on the nature of laws which the central government may notify. Therefore, in the absence of standards, criteria or principles on the types of laws which may be notified by the government, it may be argued that the powers given to the executive may go beyond the permissible limits of valid delegation.  Migration-Legal and illegal migrants, Major Issues and Concerns People started migrating in significant numbers as an era of globalization in pursuit of economic, political, and social stability. India, a country of diverse ethnicities and cultures, attracts immigrants from all over the world with a range of attractions. Immigration is the transfer of individuals from one nation to another for the intention of establishing a long-term residence. The biggest hurdle for immigrants is obtaining citizenship in the host nation and exercising fundamental rights in the country to which they have moved. These difficulties are normally handled by immigration-specific laws and policies that outline the procedure and limitations for obtaining citizenship. In the context of the Indian subcontinent, meanwhile, the rules of the Indian Constitution control immigration regulations. Immigrant rules and restrictions: Certain laws have been enacted to streamline the process of foreigners obtaining citizenship, including: Foreigners entering India are obliged to get visas from India Missions under the Passport (Entry in India) Act, 1920. The statute also specifies which papers must be submitted during their lawful journey in order to be admitted to the nation. The Foreigners Statute, 1946 - This act governs foreigners' admission and stay within Indian boundaries till they leave. The Foreigners Registration Act of 1939 and the Foreigners Registration Rules of 1992 Certain foreigners who remain longer than their visa period is required to register with the Registration Officer. Visa for India: For lawful admission into Indian borders, all international visitors require a visa. This does not apply to Nepalese or Bhutanese citizens. The visas allow visitors to stay in the country for a maximum of 180 days (6 months). If a visa is needed for a longer period of time (greater than 180 days), the applicant must first register with the FRRO or FRO. Business visas, Employment visas, Intern visas, Transit visas, Student visas, Film visas, and so on are all available from the Indian government and can be obtained as a standard visa or an E-visa. Aside from the above-mentioned valid visas, there are limited regions inside India that require a specific entrance permission known as a Protected Area Permit (PAP), which allows travelers to access the restricted zones. This authorization must be obtained in addition to the usual visa requirement. Registration of foreigners in India: Foreigners travelling for a lengthy period (more than 180 days) on a student visa, work visa, research visa, or medical visa must register with the Indian Missions/FRRO/FRO within 14 days of arrival, except for ertain sorts of nationalities are restricted from participating in this procedure. Foreigners entering India on any form of visa other than the ones listed above are not need to register unless they plan to stay in India for more than 180 days. In such circumstances, registration must be completed well before the 6 -month term expires. Foreigners above the age of 16 are needed to register with the relevant Registration Officer in person or through an authorized agent. Minors under the age of 16 do not need to register. Foreign visitors with an Entry(X) visa, such as dependent visas and business visas, who plan to stay for more than 180 days must also register. Visitors with journalist visas and other visas that do not have any specific endorsements must register with the FRROS/FRO. The visas applied for registration will be stamped at all Indian missions. Amendments to Citizenship Act over the years Citizenship Amendment (1986) The original Citizenship Act, which gave citizenship to everyone born in India on the basis of birth, and the 1986 revision to Section 3 were both more expansive than the constitutional provision. People born in India on or after January 26, 1950, but before July 1, 1987, had to be citizens of India because of the amendment. A person is only eligible for citizenship if either of their parents was an Indian citizen at the time of their birth and they were born between July 1, 1987, and December 4, 2003. Citizenship Amendment (1992) According to this amendment, any person born outside India is considered a citizen of India by virtue of Citizenship by Descent if either of the parents was a citizen at the time of his birth. Citizenship Amendment (2003) The 2003 Amendment to the Citizenship Act introduces a new provision, section 14A, which mandates the Central Government to implement a system for the compulsory registration of every citizen of India and the issuance of national identity cards to them. Under this amendment, the Central Government is empowered to establish a National Registration Authority and maintain a National Register of Indian Citizens. The Registrar General, India, appointed under the Registration of Births and Deaths Act, 1969, assumes the role of the National Registration Authority from the date of commencement of the Citizenship (Amendment) Act, 2003. This authority functions as the Registrar General of Citizen Registration. Additionally, the Central Government has the authority to appoint other officers and staff as needed to assist the Registrar General in performing their functions and responsibilities. The specific procedures for the compulsory registration of Indian citizens are to be determined and prescribed by the Central Government. Citizenship Act (Amendment 2005) The Citizenship (Amendment) Act of 2005, enacted in the Fifty-sixth Year of the Republic of India, introduces several amendments to the Citizenship Act of 1955. The Act is deemed to have come into force on June 28, 2005. In section 2 of the Citizenship Act, 1955, significant changes are made. Clause (ee) is substituted to redefine "overseas citizen of India" as a person registered under section 7A by the Central Government. Additionally, clause (gg) is omitted. Section 5 of the principal Act undergoes modification in sub-section (1), specifically in clause (g). The amendment changes the duration of residence required for eligibility from "two years" to "one year." Section 7A of the principal Act is entirely substituted with a new provision. The Central Government, subject to prescribed conditions and restrictions, is empowered to register any person as an overseas citizen of India. Eligibility criteria include being of Indian origin, a citizen of a specified country, obtaining citizenship of a specified country after the commencement of the Citizenship (Amendment) Act, 2003, and being a minor child of a person meeting these criteria. The term "person of Indian origin" is defined for the purposes of this section and related sections. The Fourth Schedule to the principal Act is omitted entirely. Furthermore, the Citizenship (Amendment) Ordinance, 2005, is repealed. Despite the repeal, actions taken under the principal Act, as amended by the Ordinance, are deemed to have been done or taken under the principal Act, as amended by the 2005 Act. The Statement of Objects and Reasons explains that the amendments aim to grant Overseas Citizenship of India (OCI) to Persons of Indian Origin (PIOs) from all countries except Pakistan and Bangladesh. It also seeks to reduce the period of residence required for persons registered as Overseas Citizens of India to acquire Indian citizenship. The changes align with recommendations from the High Powered Committee on Indian Diaspora and the Prime Minister's statement on extending OCI to overseas Indians who migrated from India after January 26, 1950, as long as their home countries allow dual citizenship. Citizenship Amendments (2015) The Citizenship (Amendment) Act of 2015, enacted by the Parliament of India, consists of several key amendments to the Citizenship Act of 1955. The act came into force on January 6, 2015. One significant change is the substitution of the definition of "Overseas Citizen of India Cardholder" in section 2, replacing clause (ee) with a new definition. In section 5 of the Citizenship Act, further modifications are made, particularly in sub - section (1). The residency requirement for individuals is altered, changing from "residing in India for one year" to "ordinarily resident in India for twelve months." Additionally, a new sub-section (1A) is introduced, allowing the Central Government to relax the twelve-month period under special circumstances, up to a maximum of thirty days. The principal Act's sections related to Overseas Citizen of India Cardholders (sections 7A, 7B, 7C, and section 7D) are substituted with new sections. Section 7A outlines the conditions under which a person may be registered as an Overseas Citizen of India Cardholder. Notably, eligibility is extended to certain categories, including those who were citizens of India at the time of the Constitution's commencement or were eligible to become citizens at that time. Section 7B enumerates the rights of Overseas Citizen of India Cardholders, excluding specific rights granted to Indian citizens. Section 7C addresses the renunciation of Overseas Citizen of India Cardholder status, and section 7D empowers the Central Government to cancel the registration under various circumstances, such as fraud, disaffection towards the Constitution, or engagement in activities detrimental to India's interests. Further amendments are made to section 18, introducing clauses (eea) and (eeb) related to the conditions for registering as an Overseas Citizen of India Cardholder and the process for renunciation. In the Third Schedule of the principal Act, a proviso is added to clause (c), allowing the Central Government to relax the twelve-month residency period under special circumstances, up to a maximum of thirty days. Finally, the Citizenship (Amendment) Ordinance, 2015, is repealed by the new Act, with a provision stating that actions taken under the repealed ordinance are deemed to have been done under the corresponding provisions of the amended principal Act. Citizenship Act Amendments (2019) The Citizenship (Amendment) Act of 2019, enacted in the Seventieth Year of the Republic of India, introduces amendments to the Citizenship Act of 1955. It comes into force on a date specified by the Central Government through an official notification. One significant change is in section 2 of the principal Act, where a proviso is inserted in clause (b). This proviso exempts individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan, who entered India on or before December 31, 2014. If such individuals have been exempted by the Central Government under specific clauses, they will not be treated as illegal migrants. A new section, 6B, is added after section 6A of the principal Act. This section empowers the Central Government or a specified authority to grant a certificate of registration or naturalization to individuals falling under the proviso in section 2(b). Such individuals will be deemed citizens of India from the date of their entry into the country. The amendment also addresses pending proceedings related to illegal migration or citizenship, stating that they shall stand abated upon the conferment of citizenship. Section 7D of the principal Act undergoes modification, with the addition of clause (da) after clause (d). This new clause empowers the Central Government to specify violations of the Citizenship (Amendment) Act or other existing laws, and a proviso is added after clause (f) to ensure that no order under this section is passed without giving the Overseas Citizen of India Cardholder a reasonable opportunity to be heard. Further amendments are made in section 18 of the principal Act, introducing a new clause (eei). This clause pertains to the conditions, restrictions, and manner for granting a certificate of registration or naturalization under sub-section (1) of section 6B. In the Third Schedule of the principal Act, a proviso is added in clause (d), modifying the aggregate period of residence or government service required for individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan. The period is adjusted to "not less than five years" instead of the original "not less than eleven years." SELF TEST QUESTIONS 1. Rightto Property wasremoved fromthe fundamental rightslist through amendment. 2. Article ensures equality before law 3. Article abolishes untouchability 4. Article 32 deals with ______ _ __ 5. Fundamental duties are included in Part of the Constitution of India 6. __ _______ arethe instruments of instruction for the Government to follow while making laws. 7. Writ of ____ _ is to be used for securing release of a person from custody 8. An arrested person shall be produced before court within ______ of arrest. 9. ___ _ _ & ____ principles are the categories of Directive Principles of State Policy 10. Part _______ of constitution deals with Fundamental Rights. 11. What is the key requirement for a person to be deemed a citizen of India under the Citizenship Act at the commencement of the Constitution? a) Born in India b) Either parent born in India c) Ordinarily resident in India for at least five years d) All of the above 12. According to the Citizenship Act, who is deemed to be a citizen of India at the commencement of the Constitution if migrated from Pakistan? a) Anyone with a valid passport b) Those born in India as per the Government of India Act, 1935 c) Individuals r