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DIADEMY.COM Delhi's Premier Institute For Civil Services Exam. IAS/WBCS CRUX Of LaxmiKant POLITY Revise 940 Pages of Laxmikant in just 140 pages of Diademy IAS notes. 2021-22 Addres...
DIADEMY.COM Delhi's Premier Institute For Civil Services Exam. IAS/WBCS CRUX Of LaxmiKant POLITY Revise 940 Pages of Laxmikant in just 140 pages of Diademy IAS notes. 2021-22 Address:- 1. Old Rajendra Nagar, New Delhi Phone 9811599537 2. Bidhan Sarani, Kolkata. Phone 7291074747 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Index CHAPTER CHAPTER NAME PAGE NO NO 1. HISTORICAL BACKGROUND 6 2. MAKING OF THE CONSTITUTION 12 3. SALIENT FEATURES OF THE 14 CONSTITUTION 4. PREAMBLE OF THE CONSTITUTION 17 5. UNION AND ITS TERRITORY 21 6. CITIZENSHIP 27 7. FUNDAMENTAL RIGHTS 31 8. DIRECTIVE PRINCIPLES OF STATE POLICY 38 9. FUNDAMENTAL DUTIES 40 10. AMENDMENT OF THE CONSTITUTION 41 11. BASIC STRUCTURE OF THE CONSTITUTION 43 12. PARLIAMENT SYSTEM 45 13. FEDERAL SYSTEM 48 14. CENTRE-STATE RELATION 50 15. INTER-STATE RELATION 54 DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page1 Crux Notes of DIADEMY.COM Indian Polity Laxmikant 16. EMERGANCY PROVISSION 56 17. PRESIDENT 59 18. VICE-PRESIDENT 64 19. PRIME MINISTER 66 20. CENTRAL COUNCIL OF MINISTER 67 21. CABINET COMMITTEES 69 22. PARLIAMENT 70 23. PARLIAMENT COMMITTEES 77 24. PARLIAMENT FORUMS 79 25. PARLIAMENT GROUP 81 26. SUPREME COURT 82 27. JUDICIAL REVIEW 84 28. JUDICIAL ACTIVISM 85 29. PUBLIC INTREST LITIGATION 88 30. GOVERNOR [PART-IV] 90 31. CHIEF MINISTER 92 32. STATE COUNCIL OF MINISTER [COM] 94 33. STATE LEGISLATURE 96 DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page2 Crux Notes of DIADEMY.COM Indian Polity Laxmikant 34. HIGH COURT [ARTICLE 214 TO 231] 98 PARTVI 35. TRIBUNALS 101 36. SUBORDINATE COURTS 102 37. SPECIAL PROVISIONS FOR SOME STATES 106 38. PANCHAYATI RAJ 107 39. MUNICIPALITIES 109 40. UNION TERRITORIES 111 41. SCHEDULED AND TRIBAL AREAS 113 42. ELECTION COMMISSION 114 43. UNION PUNLIC SERVICE COMMISSION 116 [ARTICLES 315 TO 323] 44. STATE PUBLIC SERVICE COMMISSION 119 45. FINANCE COMMISSION 121 46. GOODS AND SERVICES TAX COUNCIL 122 47. NATIONAL COMMISSION FOR SCS 124 48. NATIONAL COMMISSION FOR STS 125 49. NATIONAL COMMISSION FOR BCS 126 50. SPECIAL OFFICER FOR LINGUISTIC 127 MINORITIES DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page3 Crux Notes of DIADEMY.COM Indian Polity Laxmikant 51. COMPTROLLER AND AUDITOR GENERAL 128 OF INDIA 52. ATTORNEY GENERAL OF INDIA 129 53. ADVOCATE GENERAL OF THE STATE 130 54. NITIAAYOG 131 55. NATIONAL HUMAN RIGHTS COMMISSION 134 56. STATE HUMAN RIGHTS COMMISSION 136 57. CENTRAL INFORMATION COMMISSION 137 58. STATE INFORMATION COMMISSION 138 59. CENTRAL VIGILANCE COMMISSION 139 60. CENTRAL BUREAU OF INVESTIGATION 140 61. LOKPAL AND LOKAYUKTAS 141 62. NATIONAL INVESTIGATION AGENCY 143 63 NATIONAL DISASTER MANAGEMENT 145 AUTHORITY 64. CO-OPERATIVE SOCIETIES 146 65. OFFICIAL LANGUAGE 147 66. PUBLIC SERVICES 149 67. RIGHTS AND LIABILITIES OF THE 150 GOVERNMENTS DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page4 Crux Notes of DIADEMY.COM Indian Polity Laxmikant 68. SPECIAL PROVISIONS RELATING TO 151 CERTAIN CLASSES 69. POLITICAL PARTIES 152 70. ROLE OF RELIGIOUS PARTIES 154 71. ELECTIONS 155 72. ELECTION LAWS 158 73. ELECTORAL REFORMS 159 74. VOTING BEHAVIOUR 162 75. COALITION GOVERNMENT 164 76. ANTI-DEFECTION LAW 165 77. PRESSURE GROUPS 167 78. NATIONAL INTEGRATION 168 79. FOREIGN POLICY 170 80. NATIONAL COMMISSION TO REVIEW THE 171 WORKING OF THE CONSTITUTION DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page5 Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER- 1 - HISTORICAL BACKGROUND Introduction Britishers came to India in 1600 , by Queen Elizabeth I (1765) , ‘diwani’ rights (rights over revenue and civil justice)- Bengal, Bihar , Orissa 1858 -‘Sepoy mutiny’, the British Crown assumed direct responsibility for the governance of India. MN Roy thought for a need of constitution ( in 1934) for the purpose of which, a Constituent Assembly was formed in 1946, gave Constitution on January 26, 1950. THE COMPANY 1. Regulating Act of 1773 – RULE (1773–1858) 1st step taken by the British Government to Control and regulate the affairs of the EIC in India. Recognised political and administrative function of the Company; Laid the foundation of Central Administration in India. Features– Designated the Governor of Bengal as the ‘Governor-General of Bengal’ first Governor- General was Lord Warren Hastings. Assisted by 4 member Executive Council. Fixed tenure – 5 years Governors of Bombay and Madras are under governor-general of Bengal, i.e., subordinate. Provided for establishment of SC at Calcutta 1774 (1 Chief justice + three otherjudges) No Private trade allowed to the servants of the Company. British Government control over Company strengthened by requiring Court of Directors to report revenue, civil and military affairs in India. Amending Act, 1781 [Act of Settlement]: Amendment to Regulating Act, 1773 Exempted Governor General and Council, and servants of Company from jurisdiction of SC Revenue matters exempted from SC jurisdiction SC enforce personal laws of residents of Calcutta Appeal from Provincial Court to Governor-General-in-Council not SC 2. Pits India Act, 1784 – Companies Territories in India called “British possessions in India” British Government supreme control over Company’s affairs and administration of India Features– Distinguished b/w Commercial & and political functions of the Company. Allowed, the Court of Directors to manage- Commercial affairs but Created- new body- called Board of Control to manage political affairs. Thus, Established- system of – double government. Empowered the Board of Control to supervise and operations- of civil and military government or revenues of the British possessions inIndia. 3. Act of 1786 – In 1786, Lord Cornwallis was appointed as the Governor-General of Bengal: a) Given power to override the decision of council in special cases. b) He would be the Commander-in-Chief. DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page6 Crux Notes of DIADEMY.COM Indian Polity Laxmikant 4. Charter Act of 1793 – Extended overriding power to all future Governor-Generals and Governors of Presidencies. Further extended the trade monopoly of the Company to 20 years 5. Charter Act of 1813 – Abolished trade monopoly except for tea trade and trade with China. Asserted sovereignty of Crown to territories of Company in India. Power to impose taxes with local government and punish for non-payment. 6. Charter Act 1833 – Final steps towards centralization in British India Features – Made Governor-General of Bengal as Governor-General of India (William Bentick-1st) Power- Civil & Military Deprived the Governor of Bombay and Madras & Governor-General (G.G) of India was given exclusive legislative powers for the entire British India. Ended- activities of East India Company- as a commercial body became a purely administrative body. Introduced open system competition – for selection of Civil Servants – negated by Court o f Directors 7. Charter Act of 1853 – Last Charter from 1793 to 1853 Features – Introduced open competition system of selection and recruitment of civil servants [Macaulay Committee 1854] 1st time – separated – Legislative & Executive function of G. General’s Council. Introduced 1st time – local representation in the Indian Legislative Council (out of the 6, 4 members were appointed by local (provincial) governments of Madras, Bombay, Bengal and Agra. THE CROWN RULE 1. Government of India Act, 1858 – (1858–1947) Known as: ‘Act for the Good Govt. of India’ Abolished the East India Company (EIC) & transferred the powers of Govt, territories and revenues to the British Crown. Features – 1. Change – designation – G.G of India to Viceroy of India. (Lord Canning -1st) 2. Ended – double govt. system – by – abolishing the Board of Control and Court of Director. 3. Created new office, Secretary of State for India, vested – complete authority 4. Control over Indian Administration. 5. Established a 15-member Council of India (advisory body) to assist Secretary for India – who acted as chairman of thecouncil. 6. Largely confined– administrative machinery by which Indian Govt. to be supervised and controlled in England 7. No Government system altered in substantial manner 2. Indian Councils Act, 1861 – Goal of including Indians in law-making. DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page7 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Features – 1. Viceroy to nominate some Indians as non-members to the Council (1862 – Lord canning appointed – Raja of Benaras, Maharaja of Patiala and Sir Dinkar Rao) 2. Legislative powers devolved to Bombay and Madras Presidencies. 3. New Legislative Councils for Bengal (1862), NW Provinces (1886) and Punjab (1897). 4. Ordinance making power to Viceroy without concurrence of Legislative Council, during emergency. 3. Indian Councils Act, 1892 – Made limited and indirect provisions for nomination for filling up seats in Central and Provincial Legislative Councils. Features – 1. Increased number of additional (non-official) members in Central and provincial legislative councils. 2. Legislative Councils – power to discuss budget and address questions to executives. 3. Nomination on recommendation of Viceroy (Central LC) and Governor (provincial LC) 4. Indian Councils Act, 1909 – Known as “Morley-Minto Reforms” [Morley – Secretary of State; Minto – Viceroy] Features: 1. Number of members in both Central and provincial Legislative Councils – increased. 2. Enlarged functions of members – allowed to ask supplementary questions, move resolutions on budget. 3. Association of Indians with Viceroy – Satyendra Prasad Sinha – 1st Indian to join Viceroy’s Executive Council – also appointed Law Member. 4. Communal representation system introduced for Muslims – separate electorate – elected by Muslim voters. 5. Lord Minto known as Father of Communal Electorate. 6. Separate representation for presidency corporations, chambers of commerce, universities and zamindars. 5. Government of India Act, 1919 – August 20, 1917 British Government formally announced – objective to gradually introduce responsible government in India. Known as “Montagu-Chelmsford Reforms” Features: 1. Centre and provincial lists created for specific law making. Structure of government was Unitary. 2. Introduced dyarchy – dividing provincial subjects in transferred and reserved. 3. Introduced Bicameralism and direct elections. 4. 3 of 6 members of Viceroy’s Council – Indians. 5. Communal representation extended to include Sikhs, Indian Christians, Anglo-Indian and Europeans. 6. New office of High-Commissioner for India in London 7. Establishment of Central Public Services Commission, 1926 for recruiting civil DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page8 Crux Notes of DIADEMY.COM Indian Polity Laxmikant servants. 8. Separated provincial budget and Central budget. Simon Commission, 1927 – 7-member statutory commission under Sir John Simon– to check the progress of Reforms. Recommended the abolition of dyarchy, extension of responsible Government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate. Based on recommendations - White Paper on Constitutional Reforms Communal Award, 1932 – Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the minorities. Extended separate electorate to the depressed classes (Scheduled Castes) Gandhiji protest in Yerawada Jail – Poona – agreement with INC and depressed classes – Hindu joint electorate – Poona Pact. 6. Government of India Act, 1935 – 321 Sections and 10 Schedules. Features: 1. Establishment of All-India Federation consisting of provinces and princely states as units 2. 3 lists - Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). 3. Residuary power to Viceroy 4. Abolished dyarchy and introduced 'provincial autonomy' 5. Adoption of dyarchy at the Centre – federal subjects were divided into reserved subjects and transferred subjects. 6. Bicameralism in six out of eleven provinces (Bengal, Bombay, Madras, Bihar, Assam and the United Provinces) 7. Separate electorates extended for depressed classes (Scheduled Castes), women and labour (workers). 8. Provided for establishment of Reserve Bank of India (control currency and credit of country) 9. Establishment of Federal Court set up in 1937. 7. Indian Independence Act, 1947 – British Prime Minister Clement Atlee declared that the British rule in India would end by June 30,1948 Applicable to those provinces that wanted to accept the Constitution of India framed by the Constituent Assembly. DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page9 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Muslim League demanding partition Causes: World War- 2 Weakened British economically Role of TNA outside India as well as in India. Cripps proposal, 1942 Suit India Movement Launched by Gandhi in 1942. Cabinet Mission Plan, which provide for making Constituent Assembly. Revolt of Indian Navy & Indian Army against Britishers Features: 1. Ended British rule and declared India – independent and sovereign from August 5, 1947 2. Partition of India and creation of 2 States – India and Pakistan 3. Empowered the Constituent Assemblies of both States to frame Constitutions to govern the States. 4. Abolished offices of Viceroy and Secretary of State 5. Freedom to princely states to join either India or Pakistan. 6. Dropped title “Emperor of India” for the British monarch 7. Discontinued the appointment to civil services and reservation of posts by the Secretary of State for India (those appointed prior – continued) Lord Mountbatten put forth partition plan “Mountbatten Plan” - Also became first Governor- General of the new Dominion of India. Subsequently, The Constituent Assembly of India formed in 1946 became the Parliament of the Indian Dominion with Pandit Jawaharlal Nehru as the Prime Minister and Dr. Rajendra Prasad becoming the President of India. DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page10 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Register in above masterclass using the link https://bit.ly/3CJmps4 DIADEMY IAS Offline Centers 1) NEW DELHI (ORN) Phone No 9811599537 & 2) Kolkata (Bidhan Sarani) Phone No 9540528336’ Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER- 2 - MAKING OF THE CONSTITUTION DEMAND FOR In 1934 – MN Roy – 1st time put the Idea of constituent Assembly. CONSTITUENT ASSEMBLY In 1935 – INC – demanded a CA to frame the const. of India. In 1938 – J.L Nehru on the behalf of INC declare. Finally, demand was accepted in principle by British Govt, known as “August Offer” of 1940. In 1942, Sir Stafford Cripps – came to India – Framing of an independent Constitution to be adopted after the World War II. {Cripps Proposals rejected by Muslim} COMPOSITION OF Constituent Assembly (CA) was constituted – In Nov 1946 – under the scheme THE CONSTITUENT formulated by the Cabinet Mission Plan. ASSEMBLY Total Strength (Members) 389 – 296, British Indian – 292 from 11 governor & 4 Chief Commission Provinces and, 93, Princely states (nominated by head) Seat allocation on principle of Community based on population. Roughly, 1 seat = 10, 00,000 people. Method of election – proportional representation by means of single transferable votes. Provinces members – elected – by members of L. Assembly. Princely states – selection – on basis of nomination/consultation. Election – July – August 1946 – for 296 seats. 208 – Indian National Congress, 73 – Muslim League, 15 – others, 93 seats vacant – No Nomination Criticism of Constituent Not a Representative Body – members were not directly elected by the people of Assembly India on the basis of universal adult franchise. Not a Sovereign Body - created by the proposals of the British Government. Time Consuming Dominated by Congress - dominated by lawyers and politicians - other sections of the society were not sufficiently represented. Dominated by Hindus Important Facts Elephant was adopted as the symbol (seal) of the Constituent Assembly. Sir B.N. Rau was appointed as the constitutional advisor (Legal advisor) to the Constituent Assembly. H.V.R. Iyengar was the Secretary to the Constituent Assembly. S.N. Mukerjee was the chief draftsman of the constitution in the Constituent Assembly. Prem Behari NarainRaizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in a flowing italic style. The original version was beautified and decorated by artists from Shantiniketan DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page12 Crux Notes of DIADEMY.COM Indian Polity Laxmikant including Nand Lal Bose and BeoharRammanohar Sinha. BeoharRammanohar Sinha illuminated, beautified and ornamented the original Preamble calligraphed by Prem Behari NarainRaizada. The calligraphy of the Hindi version of the original constitution was done by Vasant Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose. Synthesis of Parliament Sovereignty of Parliament : British Principle Sovereignty & Judicial Supremacy of Judiciary: American principle Supremacy The India system combines these principles to establish a system that suits our needs. SC can declare any Parliamentary law as a unconstitutional (Article 13s power of judicial review) Parliament can amend large parts of the Constitution. Scope of Judicial Review In India, Judicial Review Power of SC is narrower than scope in USA (due process of law) India follows principle of ‘procedure established by law’ (Article 21): No person shall be deprived of his life or personal liberty except according to procedure established by Law. Procedure established by A law established by the legislature, following correct protocols and procedures Law Problem in it: - may not be fair, may not uphold principles of justice and equity. Due process of Law:- Checks if the law is fair and just. American theory contains many implied rights. Due process balances the power of the law of the land and protects the individual person from it. The state must respect all rights that are granted to a person and laws that the state exacts must conform to the laws of the land. The DPL clause developed from the Magna carta of England ( 1215CE) In India, the SC interrupted the principle of DPL into the PEC close in the Monika Gandhi case (1978). Justice P.N. Bhagmati: the Constitution mandates “fair” procedure when the rights are deprived. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page13 Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER- 3 - SALIENT FEATURES OF THE CONSTITUTION FEATURES OF 1. Lengthiest written Constitution THECONSTITUTION As of 2020 it has a preamble, 470 Articles, 25 Parts & 12 Schedules - Why is it so lengthy? It’s for a very vastness and diverse country. Single constitution for the whole country Influenced by the very length GOI Act 1935. Has administrative provisions in addition to principles of governance Many factors that are often covered in ordinary legislation by other modern democracies are incorporated in the constitution. 2. Drawn from various sources Borrowed most of its provisions from the Constitutions of various other countries Dr. B.R. Ambedkar – framed after ‘ransacking all the known Constitutions of the World’ 3. Rigidity and Flexible Constitution Rigid: Special procedure for amendment- Article 368 Either by special majority Or special majority & rectification by at least half of the States. Special majority: - 2/3 majority of members of each house present and voting & majority (50%) of the total membership of each house. Flexible: Some provision of the constitution can be amended with ordinary legislative process. Not amendments under Article 368 Eg: Altering boundaries of states 4. Federal System with UnitaryBias Federal Features: Two governments, written constitution, independent judiciary, bicameralism, division of powers, supremacy and rigidity of constitution. Unitary Features:Strong Centre, Single constitution, Single citizenship, flexibility of the constitution, integrated judiciary, centre appointing the state governor, All- India services, emergency provision Term ‘federation’ not used anywhere in the constitution. India is a ‘Union of States’(Article1) DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page14 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Indestructible. No right to secede from the union. Not the result of an Agreement b/w states. 5. Parliamentary govt/West Minister Model – Based on coordination & cooperation b/w Legislative & executive organ. Features: Presence of nominal and real executives Majority party rule Collective responsibility of the executive to the legislature Membership of the minister in the legislature Leadership of the PM/CM Dissolution of the Lower house (LS/LA) 6. Parliamentary Sovereignty and Judicial Supremacy Parliamentary sovereignty – British Judicial supremacy – US US Constitution “due process of law” – British “procedure established by law” – Art 21 Parliament - can amend the major portion of the Constitution through its constituent power. SC can declare the parliamentary laws as unconstitutional through its power of judicial review. 7. Integrated and Independent Judiciary: Supreme Court is a federal court - the highest court of appeal - the guarantor of the fundamental rights of the citizens and the guardian of the Constitution. Security of tenure of the judges, fixed service conditions for the judges, all the expenses of the Supreme Court charged on the Consolidated Fund of India, Prohibition on discussion on the conduct of judges in the legislatures, Power to punish for its contempt vested in the Supreme Court, etc 8. Co-operative Societies: 97th CAA 2011 – constitutional status Right to form co-operative societies a fundamental right - Article 19 DPSP on promotion of co-operative societies (Article 43-B). Part IX-B “The Co-operative Societies” (Articles 243-ZH to 243-ZT). Other Features Fundamental Rights DPSP Fundamental Duties Secular State Universal Adult Franchise, 21 years – 18 year 61stC.A , 1988 Single Citizenship Independent bodies viz CAG DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page15 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Election Commission, UPSC, SPSC etc. Emergency Provision Three-tier Government Sources of Indian Important Sources of Indian Constitution Constitution Govt. of India Act – Federal structure, Centre – state Relation, Administrative setup (office of Governor, Public service commission. British Constitution – Parliamentary Model, Cabinet system, Writ Jurisdiction US Constitution – FR, Judicial Review, Preamble, Impeachment of President, removal of SC & HC Judge. Ireland – DPSP, Elected President Canada – Residuary Power, MP & MLA Privileges Concurrent List Australia – Joint sitting of Parliament Germany – Emergency Provision. South Africa – Procedure of Constitution Amendment Japan – Procedure established by Law French – Republic & the Ideals of Liberty, equality & Fraternity in the Preamble. Criticism Borrowed Constitution Carbon copy of GOI Act 1935 Un-Indian or Anti Indian An – Un-Gandhian Constitution Elephantine size Paradise of Lawyers (legalistic or Complicated) DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page16 Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER 4- PREAMBLE OF THE CONSTITUTION Preamble of the What is a Preamble? Constitution American concept An Introduction/Preface to the constitution. Holds the essence of the Constitution. Our Preamble Based on the objectives Resolution of Pandit Nehru Reveals that the constitution derives its authority from the People of India ( It starts from we the people of India) It is given by the people of India to themselves – democratic right. Outlines the objectives of constitution (justice, liberty, equality and fraternity) Also tells on the day which it is adopted i.e. 26 Nov, 1949. We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular Democratic Republic and to secure all its citizens; Justice, Social, Economic and Political; Liberty of thought, expression, belief, faith and worship; Equality of status and 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 –sixty day of November, 1949, do hereby adopt, Enact And Give to ourselves This Constitution. 42nd C.A 1976. Added the term Socialist, Secular and Integrity in the Preamble. Significance Part of the Constitution (Kesavananda Bharati case (1973), LIC of India case (1995)) - (Berubari Union Case, 1960: SC Said Preamble not a part) But Non justiciable (not enforceable by law) Not a source of legislative power. Not a Limitation of powers. Outlines the basic philosophy and Fundamental values of the constitution. M Hidayatullah (former CJI):”the soul of the constitution”. Amendability Amended once 42nd C.A, 1976 Three new words added: Socialist, Secular & Integrity. Kesavananda Bharati case: SC used Preamble can be amended under Article 368, subject to basic features document. (Means Article 368 cannot be used to destroy or delete/damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. Terms used under 1. Sovereign:- DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page17 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Preamble India is an independent state. Not a dominion, nor dependent on any other state/nation etc. No authority above it. Conducts its own affairs. India’s membership of the Commonwealth or the UNO does not limit her sovereignty. Can acquire foreign territory, or cede a part of its territory 2. Socialist:- Earlier an implicit principle expressed through DPSPs. Made explicit by the 42nd C.A 1976. INC Avadi Session (1955): Resolution to create a socialist pattern of Society. Democratic Socialism, not communist Socialism. Communist socialism: state socialism – Nationalisation of means of production – Abolition of private property. Democratic Socialism: mixed economy – SC: aims to end poverty, ignorance, disease and inequality of opportunity. – Mixed form of Gandhian Socialism with influences of Marxism socialism. – NEP 1991 diluted socialism principles 3. Secular:- Added with the 42nd CA 1976. But implicit through articles 25-28. Indian constitution embodies the positive concept of Secularism i.e. all religions in our country (irrespective of their strength) have the same status and support from state. 4. Democratic:- Power with the people. Popular sovereignty (Based on doctrine of popular sovereignty) India has representative parliamentary democracy with – UAF – Regular elections – Independent Judiciary – Rule of Law Preamble indicates existence of political and social and economic democracy. Democracy is of two types: direct & indirect Switzerland has direct democracy in which people exercise their supreme power directly. It has devices: – Referendum: a proposed legislation is referred to the electoral for settlement by direct vote. – Initiative: People can propose a bill – Recall: Voters can remove a representative – Plebiscite: mid of obtaining opinion of the people on any public issue. Usually used for territorial disputes. The Indian constitution provides for representative parliamentary democracy under the executive is responsible to the Legislative for the all its policies and actions. This dimension was stressed by Dr. Ambedkar in his concluding speech in the constituent Assembly on November 25,1949, in the following way: – “Poltical democracy cannot last unless there lies at the base of its social DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page18 Crux Notes of DIADEMY.COM Indian Polity Laxmikant democracy. What does social democracy mean? It means a way of life which recognizes liberty, equality and fraternity. The principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty, would kill individual initiative”. – SC in 1997 – “Constitution establish an egalitarian social order rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat Republic.” 5. Republic:- Elected head of state and elected indirectly for fixed period of 5 years i.e, President Popular Sovereignty with the people, not in an individual like a queen. Absence of a privileged class Public office opens to all citizens without any discrimination. 6. Justice:- Idea of Justice: From Russian Revolution Secured through FR and DPSP. Three aspects of justice in the preamble a) Social: equal treatment without any social distinctions (e.g. on basis of caste, sex, religion etc) – Absence of privileges for any section of the society. – Improvement of conditions of disadvantaged sections. b) Economic: Non- discrimination on basis of class. Removing wealth, income, property inequalities. c) Political: equal political rights, access to political offices and institutions etc. d) Distributive justice: Combination of economic and social justice 7. Liberty:- Ideals of liberty, equality and fraternity in Preamble - French Revolution (1789– 1799) Absence of restraints on the activities of individuals. Providing opportunities for the development of individual personalities. 8. Equality:- Absence of special privileges to any section of the society Provision of adequate opportunities for all individuals without any discrimination. Preamble secures to all citizens of India equality of status and opportunity. Equality – civic, political and economic Civic equality assured through. – Article 14: equality before Law – Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. – Article 16: equality of opportunity in public employment. – Article 17: Abortion of untouchability – Article 18: Abolition of titles. Political equality through: DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page19 Crux Notes of DIADEMY.COM Indian Polity Laxmikant – Article 325: no discrimination on inclusion in electoral rolls. – Article 326: right to vote; UAF. Economic equality through: – Article 39 (DPSP): equal pay for equal work for men, women, right to an adequate livelihood. 9. Fraternity:- Sense of brotherhood (sorority: sisterhood) Expressed through system of single citizenship. FD: Article 51- A – Duty to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women. Fraternity has to secure dignity of the individual and the unity and integrity of the nation. – Individual dignity: Material betterment, democratic set up, personal development. – Unity and integrity of the nation: Psychological and territorial dimensions. – Article 1: India is a union of states. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page20 Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER- 5 - UNION AND ITS TERRITORY Articles 1 to 4 Part 1 of the Constitution “Union and its Territory” Article 1 Name and Territory of the union India, that is, Bharat is a union of states States are dividing only for administrative convenience not that states have any predetermined identity. First Schedule: these talks about the Names and territorial extent of states. 28 states and 9 union territories (as of May 2020) Territory of India: States + UTs + territories that may be acquired by the Government of India. Union of India: only states India can acquire foreign territory as it is a sovereign state – Methods of acquisition: cession, occupation, conquest or subjugation (following treaty, purchase, gift, lease or plebiscite) – India acquired Goa, Daman and Diu, Sikkim etc. Article 2 Admission or establishment of new states. Parliament can admit into the Union of India, or establish new states on such terms and conditions as it thinks fit. Article- 2 A Sikkim to be associated with the Union – Repealed Article 3 (Parliament’s Power to Recognise the States) Formation of new states and alternation of areas, boundaries or name of existing states. Parliament can increase or decrease the areas of any state. Alter the boundary or name of any state. Create new states by – Separating territory from any state. – Uniting states or parts of states – Uniting territory with states or part of states Parliament can redraw the political map of India according to its will” To do this, President has to get the views of the state legislature (not binding). Then, can recommend introduction of bill to the Parliament (not possible without Presidents recommendation) President not bounded by the views of the state. For UTs, Parliament can take decisions without reference of the President or opinion of the UT. Article 4 Laws made under Article 2 and 3 Are not amendments under Article 368 Need simple majority (constitution is flexible) Ordinary Legislative process. Berubari Union Case 1. In 1960, SC examined if the power of the Parliament to diminish areas of states means that the Parliament can cede Indian Territory. 2. The Central govt. had decided to cede the territory of Berubari Union in West Bangal to East Pakistan. 3. SC said that the Parliament cannot cede Indian territory to a foreign country under Article 3 DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page21 Crux Notes of DIADEMY.COM Indian Polity Laxmikant – Can only cede by amendment under Article 368. – Thus, 9th CA 1960. 4. But settlement of boundary dispute can be through execution action no need for CA. 100th CA, 2015 For exchange of certain territories between India and Bangladesh India to Bangladesh: 111 enclaves Bangladesh to India: 51 enclaves Demarcations of 6.1 km Border Modified territories of Assam, West Bengal, Meghalaya and Tripura. India- Bangladesh Boundary 1. 4096.7 km 2. Determined by Radcliffe Line, 1947 3. Bagge Award (1950) and Nehru-Noon Agreement (1958) tried to resolve some disputes. 4. 1960: Berubari union case, 9th CA 5. 1974: Land Boundary Agreement b/w India and Bangladesh 6. To solve demarcation of boundary issue. 7. Not ratified as it involved some exchange of territory which would need CA. 8. 2011: Protocol to the 1974 Agreement – Governments of Assam, Meghalaya, West Bengal and Tripura coordinated. 9. 2015: Revised version of 1974 Agreement adopted, i.e. 100th CA. Integration of Princely 1. At the time of Independence, 552 princely states in the Indian Boundary. States 2. 549 joined India. 3. Hyderabad, Kashmir and Junagarh refused to join. 4. Integration of these 3 states took place as: – Hyderabad : police action – Junagarh: Referendum – Kashmir: Instrument of Accession. Reorganisation of 1. Initially, ad hoc structuring on status in four parts. States 2. Demand for reorganisation on Linguistic basis. 3. June 1948: JPV Committee – Chair: SK Dhar (Dhar Commission) – Suggested Administrative convenience over linguistic reorganisation. 4. December 1948: JPV Committee – Jawaharlal Nehru, Sardar Vallabhbhai PATEL and PattabhiSitaramayya – Rejected Language as basis for reorganisation. 5. October 1953: Government forced to create Andhra Pradesh out of Madras on Linguistic basis. – Extended agitation and death Gandhian activist and prominent congress Leader Potti Sriramulu after a 56-day hunger strike. 6. December 1953: 3 member states Reorganisation commission appointed under Fazl Ali (Fazl Ali Commission) – KM Panikkar and H N Kunzru – Rejected one Language one state theory. – 4 factors should be considered while states reorganisation – Unity and security of India – Linguistic and cultural homogeneity – Considerations of finance, the economy and administration – Welfare of people and nation. – Suggested 16 states and 3UTs over the existing 4 part division of states. – Recommendations accepted – States reorganisation Act 1956 DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page22 Crux Notes of DIADEMY.COM Indian Polity Laxmikant – 7th CA 1956 Territory of India in 14 States and 6 UTs created; 1956 States: Andra Pradesh, Assam, Bihar, Bombay, Jammu and Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal UTs: Andaman and Nicobar Islands; Delhi; HimachalPradesh; Laccadive, Minicoy and Amindivi Islands; Manipur; Tripura. Evolution of States and Year State/UT Details UTs 1953 Andhra Pradesh Out of Madras; first linguistic state 1954 Daman and Diu Occupied from Portugese,10th CA 1961: UT 1954 Puducherry Occupied from the French, 14th CA 1962: UT, Name Change 2006 1960 Maharashtra & Gujarat Bombay divided 1961 Goa, Daman & Diu Acquired from Portuguese with police action. 12th CA 1962: UTs 1987: Statehood to Goa 1963 Nagaland Naga Hills and Tuensang carried out of Assam. 1966 Haryana & Chandigarh Carried out of Punjab, on recommendation of the Shah Commission (1966); demand for Sikh homeland by Akeli Dal, Led by Master Tara Singh 1971 Himachal Pradesh Statehood (18th state of Indian union) 1971 Meghalaya, Manipura& Statehood Tripura 1975 Sikkim 36th CA1975: Full statehood, Article 2A and Schedule 10 repealed, Article 371F added (after Referendum) History: Till 1947, a primely state ruled by Chogyal Protectorate in 1947 35th CA 1974 made Sikkim an Associate state, added Article 2A and Schedule 10 (terms of Association) DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page23 Crux Notes of DIADEMY.COM Indian Polity Laxmikant 1987 Mizoram & Arunachal From UT to state via 1986: Mizo Peace Accord Pradesh and Mizo National Front 2000 Chhattisgarh, Jharkhand From MP, Bihar and UP respectively & Uttarakhand 2014 Telangana From Andhra Pradesh 2019 Jammu Kashmir and Union Territories of Jammu Kashmir and Ladakh Ladakh from State of Jammu Kashmir (Jammu Kashmir Reorganisation Act, 2019) Name Change Year State/UT Name changed to 1950 United Provinces Uttar Pradesh 1969 Madras Tamil Nadu 1973 Laccadive, Lakshadweep Islands Minicoy and Amindivi Islands 1973 Mysore Karnataka 1992 Delhi 69th CA 1991: National Capital Territory of Delhi (UPSC Mains Ques or 69th CA) 2006 Uttaranchal Uttarakhand 2006 Pondicherry Puducherry 2011 Orissa Odisha Article Related to Article No. Subject Matter Union and its Territory 1 Name and Territory of the union. 2 Admission or establishment of New states 2A Sikkim to be associated with the Union- (Repealed) 3 Formation of new states and alternation of areas, boundaries or names of existing states. 4 Laws made under Article 2 and 3 to provide for the amendment of the First and Fifth schedules and supplemental, incidental and DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page24 Crux Notes of DIADEMY.COM Indian Polity Laxmikant consequential matters. Article (1- 4) Union and its Territory Art- 1 Not a federation- 1. Territory of state 2. UT, that are acquired with time – Purchase 8UT lease Occupation, conquest subjugation Art- 2 Empowers for admission of New state in Union of India or establish, new state on such condition he think fit. Art- 3 Authorises Parliament to- a) From a new state by separation of territory for any state by Uniting b) Increase the size (area) c) Dimish the size (area) d) Alter the boundaries of State e) Alter the name of any state Bill – Introduced with prior recommendation of the President. Before permission President can refer to state for expressing its viewinspecified time not binding, president can reject: Parliamentary supremacy. India is an Indestructible Union of destructible states. Art- 4 Acc. To Art 4, such a bill itself contains the provisions of amendment of schedule 1 & 4 and for this no separate Constitutional Amendment under Art. 368 required. First Linguistic state ‘Andhra State’ Power to diminish under Article 3 – 9th CA 1960 was done to transfer Region of Berubari. 100th CA 2014, to transfer & acquiring each other. Territory, India – 111 B’desh (40967.7 KM) – 51 India. Dhar Commission Need – Integration was purely on adhoc agreement. Demand of state on Linguistic basis in South (inc.) Fazal Ali Commission Fazal Ali + KM Panikkar + HN KUNZRU Rejected theory of one state one Language. Linguistic & Cultural homogeneity. Financial & Economic consideration. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page25 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Pluming & promotion of Welfare of people end the four fold classification of state. Preservation & strengthening of the Unity & securing of the country. As a result14 states + 6 UT on November 1, 1956. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page26 Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER 6 - CITIZENSHIP Meaning of India: Citizenship 1. Citizens 2. Aliens a) Friendly: subjects of those countries that have cordial relations with India b) Enemy: subjects those countries which is at war with India Citizens: members of the state, owe allegiance, enjoy rights, shoulder responsibilities Aliens do not enjoy all rights: they are members of another state. Enemy aliens: Do not have fundamental rights under Article 22 (Arrest and Detention). Privileges of Article 15: right against discrimination citizenship Article 16: right to equality of opportunity in public employment Article 19: freedom of speech and expression Articles 29 and 30: Cultural and educational rights Citizens Assigning Citizens are assigning duties – Duties Both naturalised citizen & citizen by birth can hold office of President In comparison, USA allows only a citizen by birth to hold the office of President. PROVISIONS RELATED TO CITIZENSHIP 4 Types of Citizens at the Commencement of the Constitution Article-5 Person having domicile In India: 1. Born in India 2. Either parents or Both Born in India 3. If he has been ordinary resident for 5 years before commencement of the Constitution. Article-6 Person migrated from Pakistan: 1. if he or either of his parents or any of his grandparents was born in undivided India 2. If he migrated a) before 19/07/1948 & he is ordinary resident OR b) on or after 19/07/1948, he can be registered – after 6 month being as resident. Article-7 Person who migrated to Pakistan from India after March 1, 1947 but later returned 6 month being as resident preceding date of application DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page27 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Article-8 Persons of Indian origin residing outside India: 1. A person who, or any of whose parents or grandparents, was born in undivided India 2. Ordinarily residing outside India 3. Registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence. Other provisions Article-9 Citizenship will be taken if he acquires membership of foreign nation. Article-10 Citizenship is – Parliamentary Law Article-11 Parliament acquisition and termination of citizenship Citizenship Act 1955, 57, 60, 85, 86, 92, 03, 05, 015, 019 Further amended in – (1986, 2003, 2005) – 1. By Birth – Born in India on or after 26/01/1950 but before 1/07/1987 in India irrespective of parents citizenship. After 1/07/1987 – Citizen – if either his parents Indian. After 3/12/2004 – Citizen – If both are Indian one is Indian & other is not illegal immigrants. Child of foreign diplomats and enemy aliens. (not citizens) 2. By Descent – Person born outside territory of Indian can apply if at the time of birth either of the parents is a citizen of India. After 3/12/2004 born outside – should get registration with 1 Year or allotted by govt. 3. By Registration – 7 year Residence, minor, Children whose parents are Indian. A person who is married to a citizen of India. Indian origin who is ordinarily resident in any country. Ordinarily resident – Resided in India throughout the period of 12 months immediately before making application. 4. By Naturalisation – He/she must belong to country where similar provision is given for Indian citizen. Either resided or been in service of GOI. Can apply after 11 years of lawful residence in Indian preceding to 12 month of submitting application. For persons migrated from Pakistan, Afghanistan and Bangladesh – before 31st DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page28 Crux Notes of DIADEMY.COM Indian Polity Laxmikant December 2015 – belonging to Hindu, Sikh, Parsi, Christian, Jain and Buddhist – Can acquire after 5 years of lawful residence proceeding 12 months of submitting application 5. By incorporation of territory – Loss of citizenship – 1. By Renunciation (Voluntary Surrender) 2. By Termination (on getting other Countries citizenship) 3. By Deprivation (Termination in case of fraud, misrepresent) Dual citizenship – two Limitations – 1. No Right to Vote 2. Cannot hold Constitutional post in India. NRI, PIO, OCI Elements of NRI PIO OCI Cardholder Cardholders Comparison Who? An Indian citizen who is A person who A person registered as ordinarily residing or whose any of Overseas Citizen of India outside India and holds ancestors was (OCI) Cardholder under Indian Passport an Indian the Citizenship Act, 1955 national and who is presently holding another country’s citizenship / nationality i.e. he/she is holding foreign passport Who is a. citizen of India - eligible? commencement of the Constitution b. who was eligible to become a citizen of India on 26.01.1950; or c. belonged to a territory that became part of India after 15.08.1947; or d. who is a child or a grandchild or a great DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page29 Crux Notes of DIADEMY.COM Indian Polity Laxmikant grandchild of such a citizen; or e. who is a minor child of such persons f. who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or g. spouse of foreign origin of a citizen of India / OCI holder registered under the Citizenship Act, 1955 married – 2 years Benefits? All benefits as available No specific a. multiple entry visa – to Indian citizens benefits lifelong b. treated at par with NRI and residents in many aspects such as airfare charges, etc. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page30 Crux Notes of DIADEMY.COM Indian Polity Laxmikant CHAPTER – 7 FUNDAMENTAL RIGHTS Part-3 of “Magna Carta of India” Constitution Derived from the Constitution of USA [Bill of Rights] Also “The Corner stone of the Constitution” & Together with DPSP (Part -4), called “The Conscience of the Constitution”. Guaranteed – uphold equality of all – target larger public interest Aim – establishing – ‘a government of laws and not of men’ They are Fundamental because – guaranteed & protected by the Constitution, which is Fundamental law of land. Features of Some of them are available only to the citizens while others are available to Fundamental citizens, foreigners or legal persons Rights They are not absolute but qualified – subject to reasonable restrictions – strike a balance between the rights and society Available against arbitrary action of state and private individuals Some are negative while others are positive Justiciable Defended and guaranteed by Supreme Court Not sacrosanct or permanent Except Article 20 and 21 – can be suspended during national emergency – Article 19 cannot be suspended during armed rebellion Most of them are directly in enforceable while a few can be enforced by Parliamentary laws Article -12 Definition of ‘state’ state includes – a) Govt & Parl. of India. b) Govt & legislature of state c) All local & other authority – 1. Within the territory of India 2. Under the Constitution of GOI Art -13 Law inconsistent with FRS Declares, all laws, Inconsistent with or derogation of any FRS shall be void. Declares, constitutional amendment is not a law and hence cannot be challenged Keshwananda Bharti - Constitutional Amendment - can be challenged on the ground that it violates a fundamental right - part of the basic structure of the Constitution Ambit of Law – 1. Permanent laws enacted by the Parliament or the state legislatures 2. Temporary laws like ordinances issued by the president or governors 3. order, bye-law, rule, regulation or notification 4. Non-legislative sources of law, i.e., customs & its usage having the force of law. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page31 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Right to Equality Art-14 – Equality before law and equal protection of law (art 14-18) State shall not deny to any person equality before law and equal protection of law. Includes citizens & foreigners as well as legal person. Equality before law – British origin, (-) concept, prohibits special treatment, ‘Rule of law’ by Prof. AV Dicey. Equal protection of Law – US Origin, (+ive) concept, allow special treatment, equality of treatment, permit – ob& transaction by Law. Rule of Law – Indian System, no person can be punished except for bench of law Everyone – Equal – before Law Cont. Result – right of individual rather than Constitution being the source of individual Rights. SC held ‘Rule of Law’ is basic features & cannot be amended. Art- 15 – Prohibition of Discrimination on certain grounds, only of religion, race, caste, sex or birth of place. – Subject to Any disability, liability, restriction condition – Access shop, public, restaurants, hotels & place of public entertainment. Use of well, tanks, bathing ghats, road & place of public result maintained wholly or practically by state funds. Art- 16 – Equality of opportunity in public employment No citizen can be discriminated against or be in eligible for any employment or office under state on grounds of only religion, race, caste, sex, decent. Place of birth or residence. Reservation can be provided for the upliftment of SC/ST/other backward class 2019– allow EWS reservation- maximum 10% Reservation can also be provided on the basis of consequential seniority in public employment to SC/ST Art-17 – Abolition of untouchability – “Self-operative Provision” untouchability offence act, 1955 Protection of civil Right Act (1976) Sc/ST (Prevention of Atrocities Act) 1989 2015 SC/ST Act – New offence added 6 month or 500 Rs fine or both Disqualified for election of state legislature & parl. Art-18 – Abolition of titles, status privileges Prohibit the state from Conferring any titles – except Military & academics Prohibit citizen title Foreign Nation DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page32 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Foreign titles from foreign Nation - They have to take permission from POI 1954 – Congress Nation Award | Janta Party against (X) – 1980 Balaji Raghvan Case Title not allowed (X) Award ( ) Right to freedom Art -19 – Freedom acc. To evil but reasonable restriction (Articles 19–22) Why freedom – 1. Demand (inc) by Active citizen 2. Innovative & Dynamic society 3. Poor Democracy – Dynamic/ vibrant Democracy Art 19 (1) (a) – Right of freedom of expression, speech etc. Art 19 (1) (b) – Right to peace full assembly without Arms Art 19 (1) (c) – Right to form union & Cooperative society Art 19 (1) (d) – Right to move freely throughout the territory Art 19 (1) (e) – Right to reside & settle in any part of territory Art 19 (1) (f) – abolished by 44th CA, 1948 Art 19 (1) (g) – Right to practice any business & profession. Art- 20 – protection in respect of conviction of offence No exportfacto law No double Jeopardy No self-incrimination Art-21 – Protection of life & personal liberty No person shall be deprived of personal liberty except the authority established by the law –United Kingdom In India – follow procedure established by law – reason behind passing law is not checked extensively as in USA – limiting power of judiciary SC held - Menaka Gandhi – should follow–“Due to process of law” – USA fair Reasonable Transparent (and not emphasised on only physical existence but also social existence.) Art- 21 (A) – state shall provide free & compulsoryeducation from 6-14 years, by 86th CA- 2002. – also recognised as a fundamental duty of parents to send children to school. DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page33 Crux Notes of DIADEMY.COM Indian Polity Laxmikant Art-22 – Protection against Arrest and Preventive Detention. Arrest- 24 hr – present before a magistrate – no right for police investigation until court order – – blood samples and other tests can be taken with due permission of the accused Right to consult legal practitioner of once choice Right to know the reason for arrest Preventive detention- Action on suspicion or doubt of causing or inciting – disturbing morality –harm security of state Max-3 month – extendable upon due permission from a joint committee consisting of persons with qualification of High Court judges Eg- TADA, COFEPOSA, UAPA Right against Art-23 – exploitation (Articles 23–24) Prohibition of human trafficking The immoral traffic prevention Act 1956 Nation Anti – trafficking bill,2018 Women forced begging, child, Body organ etc. Art-24 – Prohibition of child labour in factories & hazardous industries (14 years) Non-hazardous employment not prohibited – rural India – more hands = more money 1996 SC – child Rehabilitation welfare fund – 2,000 Punishment- 6m – 2 year or 50000 fine or both for repeated – (1-3 year) Jail Right to freedom of Art-25 – religion (Article 25– 28) Right to freedom of Religion (available to all i.e. freedom of conscience.) Right to – Profess, Practice, Propagate Restriction on Public order, Morality health. State can regulate over practice and propagation - not over professing or conscience Art 26 – Collective Right to manage & establish &Main Religious Institution Art-27 – From a person, no any taxes for promotion or maintenance of any particular religion or religious institution. Public money (X) – Promotion of Religion. Art-28 – DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page34 Crux Notes of DIADEMY.COM Indian Polity Laxmikant No Religious instruction – wholly by state Religious instruction ( )– by trust e.g. SVM, Madarsa Recognition by state & funded by state, pvt, school. Cultural and Art-29 – educational rights (Articles 29–35) Protection of Interest of minorities. Right to Conserve his language, Religion, Culture. For education in any institution; No discrimination on the basis of Religion, Race, Case, Religion etc. Art-30 – Right of Minority – 1. Conserve – education institution 2. Administer Linguistic & Religious. Eg- St Stephen College case- they wanted to provide all seat to minority but, rule, only 50% of seat given to minorities. Art-31 – No one shall be deprived of his property except authority by law By 44th AA, 1978 – abolished Art. 300 (A) was Added As Law of property – Not fundamental but Legal & Constitution Right. Art-31 (A) – Compulsory acquisitions can be done Art-31 (B) Violation of certains rules & regulation (land form) Art-31 (C) Purpose to implement the DPSP in Art (39 (B)) & (39(C)). By 1st CA -1951 – 31 (A) & 312(B) was Added. Art.32 – On the violation of FRs, one can issue writs, (habeas corpus, mandamus, certiorari & quo warrento) Habeas Corpus – Latin term meaning “to have the body of” – issued against both public and private – ordered issued by a court to person who has detained another to produce body of the later before it. Mandamus – means “we command” –issued by the court to make a public official perform his official duties that he has failed or refuse to perform – issued against any public body, Corp, inferior court, tribunal, or government. Prohibition – means “to forbid” – issued by a higher court to a lower court - prevent the latter from exceeding jurisdiction or usurping a jurisdiction that it does DIADEMY IAS Offline centersin 1) NEW DELHI (Old Rajinder Nagar) Phone No 9811599537 &2) Kolkata (Bidhan Sarani) Phone No 9540528336 Join Telegram Channel https://t.me/joinchat/RyHX0BABW95Fnovy Page35 Crux Notes of DIADEMY.COM Indian Polity Laxmikant not possess- unlike mandamus that directs activity – prohibition directs inactivity Certiorari – means “to be certified” – issued by higher court to a lower court to transfer a case pending or squash order – grounds: excess of jurisdiction or lack or error of law Quo Warranto – means “by what authority or warrant” – issued by the court to enquire into legality of claim of a person to a public office – prevent illegal assassination of public office by person – unlike other four can be sought by any interested person and not only aggrieved. Art. 33 – Parl. Has power to restrict the FRs of members of Armed force, para military force, police force, intelligence agencies. Art.34 – Restriction on FR While material law enforce, No specific Conditioned Mentioned. Art. 35 – To make law & giv
