Historical Background Of Indian Polity 1497-1498 PDF

Bhagyashree Ma'am HISTORICAL BACKGROUND OF Indigo ki kheti karo ve INDIAN POLITY 1497-1498 Train mei sabse bekar dibbe mei Lisbon(Europe)- King (Manuel)- sent baitho Vasco Da Gam...

Bhagyashree Ma'am HISTORICAL BACKGROUND OF Indigo ki kheti karo ve INDIAN POLITY 1497-1498 Train mei sabse bekar dibbe mei Lisbon(Europe)- King (Manuel)- sent baitho Vasco Da Gama (to discover sea route Hamare samne aankhe niche to India)-India(Calicut, Malabar Coast) rakho HISTORICAL BACKGROUND OF Child marrige band karo INDIAN POLITY Kale ho tum, anpad ho, gawar ho 1500-1600 Various Europe companies Regulating Act of 1773 came to India for trading The first step was taken by the HISTORICAL BACKGROUND OF British Parliament to control and INDIAN POLITY Li 1600- Queen Elizabeth issue- Royal regulate the political affairs of the East India Company in India. (Bcoz EIC has diwani rights). Charter and give exclusive rights of trading to British merchants in India Court of Directors ( the governing and East India Company was formed. body of the company) should HISTORICAL BACKGROUND OF report its revenue. INDIAN POLITY It designated the Governor of 1600- 1773 Company became a purely Bengal as the Governor-General (of trading body in India with maximum Bengal). rights of trading in area from local Warren Hastings became the first D rulers. Governor-General of Bengal. 1765- EIC got diwani (rights over Executive Council of the Governor- revenue & civil justice) of Bihar, Bengal General was established (Four & odisha. members). There was no separate 1773- Employes of EIC became legislative council. corrupt. It subordinated the Governors of K 1773 to 1858 – Company Rule (in Bombay and Madr as to the this period various acts were passed Governor-General of Bengal. by British Parliament & by these Acts The Supreme Court was the structure of east India company est ablished at Fort William was changed & the powers of EIC was (Calcutta) as the Apex Court in Completely transffered to British 1774. ( 1 chief justice & 3 judges). crown in 1858.) Lord Impey - chief justice. KD Live 1 Bhagyashree Ma'am  It prohibited servants of the India with exclusive legislative company from engaging in any power for entire India (the act also private trade or accepting bribes took away legislative powers of from the natives. Bombay and Madras provinces) Amending act 1781- this act is Lor d William Bentick- First known as act of settlement. Governor-General of India. This act exempted the governor Added a law member in Governor general and servants of EIC from general executive council- Lord jurisdiction of supreme court for Macauley(4member). their official actions. The Act ended the activities of the ve It extended the jurisdiction of East India Company as a supreme court over inhabitants of commercial body (monopoly over Calcutta. tea is also abolished) and it became Pitt’s India Act of 1784 a purely administrative body. In t his act the companies Attempt was made to introduce a territories in India were first time open competition for recruitment called “the British possession in of civil servants of EIC. India”. Charter Act of 1853 Distinguished between commercial This act established Central legislative council or Indian Li and political functions of the company. Established dual Government polity( Made a new legislative council with 6 members. (legislative and executive functions body Board of Control for political of the Governor-General’s Council aff airs and asked Court of were separated) & a separate Directors for Commercial functions ) governor was appointed for Bengal. Reduced the st rengt h of the Four out of six members of CLC Governor General’s executive wer e appointed by t he local council to three members. prov isional government s of Placed the Indian affairs under the Madras, Bombay, Bengal and dir ect control of the Brit ish Agr a.(first time local D Government. representation). Charter Act of 1813 It introduced a system of open The Company’s monopoly over competition as the basis for the trade in india was terminated & recruitment of civil servants of the market in India was open for all Company (Indian Civil Service British merchants. opened for all). K EIC have monopoly for trade of tea CROWN RULE( 1858- 1947) in India and trade with China. Government of India Act of 1858 Chr istian missionar ies were (known as act for good governance of allowed to come to India. India) Charter Act of 1833 This act abolished the EIC and Governor-General of Bengal transferred all t he power of became the Governor-General of KD Live 2 Bhagyashree Ma'am  government to British Crown. and provincial legislative councils. Abolished Board of Control and Court Some members are nominated in of Directors.(end of dual government ClC by viceroy on recommendation system) of PLC. The Governor-General of India was Enlarged the functions of the made the Viceroy of India(direct Legislative Councils and gave them representative of British crown in the power of discussing the Budget india). Lord Canning was the first and addressing questions to the Viceroy of India Executive. Created a new office in Britain Indian Councils Act of 1909 ve “Secretary of State for India” vested This Act is also known as the with complete authority and control Morley- Minto Reforms. over the Indian administrat ion The member of the Cent ral through the Viceroy as his agent. Legislative Council was increased It established a Council of India to 60 from 16 and allowed the with 15 members to assist Secretary provincial legislative council to of State for India. have non- official majority. First time direct elections was Indian Councils Act of 1861 conducted for central and It introduced Li Indian representation in the central provincial legislative councils. Int roduced a system of legislative council (non-official). 3 communal representation for Indians entered the Legislative Muslims by accepting the concept council.( Raja of banaras, of ‘separate electorate’. maharaja of patiala & sir dinkar It provided for the first time the Rao). association of Indians in Viceroy’s Provincial Legislative councils were executive council. (Satyendra established in Bengal(1862), North Prasanna Sinha, as the law –western provinces(1886) and member) D Punjab (1897). Government of India Act of 1919 Initiated the process of This Act is also known as the decentralisation by restoring the Montague-Chelmsford Reforms. legislativ e powers to the The Central subjects were Bombay and the Madras demarcated and separated from Provinces. those of the Provincial subjects and K it allow the viceroy to issue provincial legislative council were allowed to make laws on their ordinance during an emergency. subject.“ (Life of ordinance-6 month). ‘Dyarchy’, was introduced in the It introduced the portfolio system. Provincial subjects.“ India Council Act of 1892 Under the dyarchy system, the Enlarged the size of the central (16) KD Live 3 Bhagyashree Ma'am  provincial subjects were divided and the Concurrent List for both into two parts – transferred and consisted of 36 items reserved. On reserved subjects, The residuary powers were vested Governor was not responsible to with the Governor-General. the Legislative council. The Act abolished the Dyarchy in Bicameralism was introduced in the Provinces and introduced cent ral legislative council. ‘Provincial Autonomy’. “Legislative Assembly with 140 It provided for the adoption of members and council of state with Dyarchy at the Centre. 60 members. Introduced bicameralism in 6 out The majority of members in in both of 11 Provinces. ve houses were elected by direct These six Provinces were Assam, elections. Bengal, Bombay, Bihar, Madras It separated the provincial budget and the United Province. from central budget. Provided for the establishment of The Act also required that the three Federal Court of the six members of the Viceroy’s Abolished the Council of India. Executive Council (other than Indian Independence Act of 1947 Commander-in-Chief) were to It declar ed India as an be Indians. Independent and Sovereign State. Li It extended the communal representation by providing separate electorate to Sikh, Indian Est ablished responsible Governments at both the Centre and the Provinces. Chr istian, Anglo Indian and Designated the Viceroy I ndia European. and the provincial Governors as Provided for the establishment of the Constitutional (normal heads). the Public Service Commission. It assigned dual funct ions Government of India Act of 1935 (Constituent and Legislative) to the The Act provided for the Constituent Assembly establishment of an All-India and declar ed this dominion Federation consisting of the legislature as a sovereign body. D Provinces and the Princely States as units, though the envisaged federation never came into being. Three Lists: The Act divided the powers between the Centre and the units into items of three lists, K namely the Federal List, the Provincial List and the Concurrent List. The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items KD Live 4 Bhagyashree Ma'am  Bhagyashree Ma'am CONSTITUTION 1938- J.L.Nehru on behalf of INC ve It is a collection of rules, regulations, demanded that Constitution of laws & fundamental principles which India should be framed without defines the political system, judicial outside interfer ence by a system and other provisions of an area Constituent Assembly elected on & these are the main laws by which the basis of univ ersal adult the area is governed. franchise. Constituent Assembly Acceptance of Demand It is a body of elected representatives 1938- World war-II started Li whose work is to draft a constitution for a country and to enforce that constitution in that area. Aug, 1940- Viceroy Lord Linlithgow accepted the demand Constituent Assembly By August of Offer. Demand of Constituent Assembly Mar, 1942- British Parliament ………- Indian National Congress accepted the demand of was established. Constituent Assembly by Cripps 1895- Bal Gangadhar Tilak Mission( sir Stafford Cripps came demanded Constituent Assembly to India with a proposal of drafting with Indians & Britishers as constitution of India after world members. war is over. D ………………. Muslim league was Indians boycotted Cripps Mission established.( They demand that Mahatma Gandhi stated that whenever the I ndia got Cripps Mission is a postdated Independence from Britishers a cheque of a bankrupt company. separate independent country 24,March, 1946 - Cabinet Mission Pakistan will be formed for muslim plan came to India K community from Indian mainland.) 1934- Manvendra Nath Roy demanded Constituent Assembly with Indians as members only 1935- INC officially demanded Constituent Assembly. KD Live 5 Bhagyashree Ma'am  Cabinet Mission Plan (1946) ii) 93 members represented the The member s of t he Cabinet Indian Princely States; and Mission were: iii) 4 members represented the Chief (a) Lord Pethick Lawr ence Commissioners’ Provinces. (Secretary of State for India) (b) Sir Stafford Cripps (President Cabinet Mission Plan (1946) of the Board of Trade) (c) Seats allocated to each British (c) A.V Alexander (First Lord of Province were to be divided among Admiralty) the three principal communities - It arrived in New Delhi on 24 March a. Muslims, ve 1946. b. Sikhs and It Published its plan on 16 May c. General (all except Muslims 1946. and Sikhs), in proportion to It consist prov isions for the their population. formation of Constituent Assembly. (d) Representative of eah community were elected by members of that The features of the scheme were: community only. (a) 1 Seat is alloted for every …….. (e) Representative of princely stated million population. were nominated by the King of that Li Each province and princely State were to be allott ed seat s in proportion to their respective princely state Cabinet Mission Plan (1946) population. Roughly, one seat was Note: The Constituent Assembly was to be allotted for every million to be part ly elected and par tly population. nominated body. (b) The total strength of the July, 1946 - The elections to the Constituent Assembly is Constituent Assembly (for 296 seats) were held. 389 Aug,1946- Result Indian national Congress won 208 D 296 British India 93 Princely State seats. The Muslim league won 73 seats. 296 Governor's 4 Chief Commissions' Small groups and independents won Provinces Provinces remaining 15 seats. A– Ajmer 2, Sep, 1946- Congress form B– Baluchistan interim government. K C– Coorg D– Delhi November, 1946- Constituent Assembly was for med under The arrangement was: Cabinet Mission Plan. i) 292 members were elected through the Provincial Legislative Assemblies; KD Live 6 Bhagyashree Ma'am Timeline country, chaired by ………… 9 December 1946 22 July 1947: The Constituent Assembly held its The Constituent Assembly adopted first meeting at Constitutional Hall, the national flag. New Delhi. It was designed by…………... Muslim league & princely states do 15 August 1947 not join constituent assembly. India achieved independence. It was attended by 211 members. 29 August 1947 The first person to address the Drafting Committee was appointed Constituent Assembly was J. B. To make draft of the constitution. ve Kripalani. Dr. B. R. Ambedkar was the Dr. Sachchidananda Sinha (the Chairman of the Draft ing oldest member) was appointed as Committee. the Tempor ary Pr esident by Drafting committee consisted of following the French Practice. seven members, namely: i) Dr. B. R. Ambedkar 11 December 1946 ii) N. Gopalaswamy Ayyangar Dr. Rajendra Prasad was iii) Alladi Krishnaswamy Ayyar appointed as President of the iv) Dr. K. M. Munshi Constituent Assembly. Li H. C. Mukherjee & V.T Krishnama- chari were appointed as two Vice- v) Syed Mohammad Saadulla vi) N. Madhava Rau (He replaced B.L. Mitter) President vii) T. T. Krishnamachari (He B. N. Rau was appointed as the replaced D. P. Khaitan) Constitutional Advisor) Drafting committee sat for total 141 13 December 1946 days. Jawaharlal Nehru moved the 26 Nov 1949 ‘Objective Resolution’ in the The Constituent Assembly of India Constituent Assembly adopted the Constitution. D 22 January 1947 The handwritten Constitution was Objective Resolution was signed on this day by 284 unanimously adopted by the members of the Constit uent Constituent Assembly. Assembly. Dr. Rajendra Prasad 3 June 1927: Mountbatten’s Abul Kalam Azad K Partition Plan was accepted. Ammu swaminathan Changes in Constitutent Assembly of The Constitution as adopted on free India November 26, 1949, contained a 1. Strength- 299(……..), Princely Preamble, 395 Articles and 8 states- 70(……), States- 229(…….) schedules & 22 parts 2. Constituent Assembly will also Total 15 provisions of the enact or dinary laws for the Constitution came into force on KD Live 7 Bhagyashree Ma'am  this day. They are related to lakh citizenship, elections, provisional Total sessions – 11 Parliament , temporary and There were total 15 lady members in transitional provisions, and short constituent assembly. title. Following are the Articles HVR Iyenger was the secretary of related with these provisions: Constituent Assembly. Articles - 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, Major and minor committees 394. Major Committees: 1. Union Powers Committee – ve 24 Jan 1950 Jawaharlal Nehru Constituent Assembly conducted 2. Union Constitution Committee – special session Jawaharlal Nehru National anthem was adopted. 3. Provincial Constitution Committee National song was adopted. – Sardar Patel Dr. Rajendra Prasad was elected 4. Drafting Committee – Dr. B.R. as the first President of India. Ambedkar 26 Jan 1950 5. Advisory Committee on Constitution of India came into Fundamental Rights, Minorities force. Li It was on this day in 1930 that Poorna Swaraj day was celebrated. and Tribal and Excluded Areas – Sardar Patel. This committee had the following five sub-committees: (a) Fundament al Rights Sub- Other important facts Committee – J.B. Kripalani Symbol of Constituent Assembly- (b) Minorities Sub-Committee – Elephant H.C. Mukherjee The original Constitution of India (c) North-East Frontier Tribal was written In English language by Areas and Assam Excluded Prem Behari Narain Raizada. and Partially Excluded Areas Sub-Committee – Gopinath D The original Constitution is handwrit ten, with each page Bardoloi uniquely decorated by artists from (d) Excluded and Partially Shantiniketan including Beohar Excluded Areas (Other than Rammanohar Sinha and Nandalal those in Assam) Sub- Bose. Committee – A.V. Thakkar (e) North-West Frontier Tribal K The Calligraphy of the Hindi version of the original Constitution Areas Sub-Committee. was done by Vasant Krishan 6. Rules of Procedure Committee – Vaidya. Dr. Rajendra Prasad Total time - 2 years, 11 months and 7. States Committee (Committee for 18 days. Negotiating with States) – Total expenditure - approx. Rs.64 Jawaharlal Nehru KD Live 8 Bhagyashree Ma'am  8. Steering Committee – Dr. Rajendra Prasad Minor Committees: 1. Finance and Staff Committee – Dr. Rajendra Prasad 2. House Committee – B. Pattabhi Sitaramayya 3. Order of Business Committee – Dr. K.M. Munshi ve 4. Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad 5. Committee on the Functions of the Constituent Assembly – G.V. Mavalankar. 6. Linguistic Provinces Commission – S.K. Dhar Notes content & spirit. Li Indian constitution is unique in its 42nd amendment act is known as mini- constitution Indian constitution is the lengthiest written constitution of the world. American constitution is the oldest written constitution of world. British constitution is the oldest constitution of world.. Indian constitution is neither rigid or D flexible, but a synthesis of both.. K.C Wheare stated that I ndia constitution is ‘quasi federal’.. Granville Austin stated that Indian constitution is a ‘co-operat ive fedrealism’. K KD Live 9 Bhagyashree Ma'am  Bhagyashree Ma'am Tricks Part of Provision in Each part ve constitution U Part-I Union and its Territory Can Part-II Citizenship Fly Part-III Fundamental Rights Can Part-IV Directive Principles of State Policy From Part IV-A Fundamental Duties (added by 42nd CAA, 1976) U Part V Union Government S Part- VI State Government Part-VII Which deals with part -B States was deleted by U P Part-VIII Part-IX Li the 7th Constitutional Amendment Act, 1956 Union Territories Panchayats Meet Part IX-A Municipalities (added by 74th CAA, 1992) Child Part IX-B Co-operative Societies (added by 97th CAA, 2011) Shyam & Part X Scheduled and Tribal Areas Reeta Part XI Relations between Union and States Fruit Part XII Finance, Property, Cantracts and Suits Taste Part XIII Trade, Commerce and Intercourse within the Territory of India Sweet Part XIV Services under the Union and State D To Part XIV-A Tribunals (added by 422nd CAA, 1976) Eat Part-XV Elections So Part XVI Special provisions relating to Certain Classes Only Part XVII Official Language Eat Part- XVII Emergency Provisions Maggie Part XIX Miscellaneous K As Part XX Amendment of the Constitution Tasty Part XXI Temporary, Transitional and Speical provisions Snack Part-XXII Short title, commencement, Authoritative 1. First The list of states and Union territories with territorial demarcations 2. Second Provisions of the President, Governors of States, Speaker and the Deputy Speaker of the house of the people and the Chairman KD Live 10 Bhagyashree Ma'am  and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the Supreme Court and of the High Courts and the comptroller and Auditor-general of India. 3. Third The forms of Oathsor Affirmations 4. Fourth Provisions as to the allocation of seats in the Council of States. 5. Fifth Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes. 6. Sixth Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. ve 7. Seventh The union list, State list and the concurrent list 8. Eight The list of recognized language 9. Ninth Provisions as the validation of certain Acts & Regulations 10. Tenth Provisions as to disqualifications on ground of defection 11. Eleventh The power, authority and responsibilities of Panchayats 12. Twelth The power, authority and responsibilities of Municipalities. Sources Features Borrowed 1. Government of India Act of 1935 Li Federal Scheme, Office of governor, Judiciary, Emergency provisions 2. British Constitution Parliamentary government. Rule of Law, single citizenship, prerogative writs, bicameralism. 3. US Constitution Fundamental rights, independence of judiciary, impeachment of the president, post of vice- president. 4. Irish Constitution Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president D 5. Canadian Constitution appointment of state governors by the Centre. 6. Australian Constitution Concurrent List and joint sitting of the two Houses of Parliament. Sources Features Borrowed 7. Weimar Constitution of Suspension of Fundamental Rights during Germany emergency. K 8. Russian Constitution Fundamental duties and the ideal of justice (USSR) (social, economic and political) in the Preamble. 9 French Constitution Republic and the ideals of liberty, equality and fraternity in the Preamble. 10 South African Constitution Procedure for amendment of the Constitution KD Live 11 Bhagyashree Ma'am  Bhagyashree Ma'am WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India ve 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, Li do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. The term ‘preamble’ refers to the of USA introduction to the Constitution. The text & language in Indian Preamble contains the preface or constitution is taken from Australia. summary of the Constitution. A preamble is an int roduct ory Information revealed from preamble. Statement in a document that explains 1. Source of authority of the the document’s philosophy and Constitution objectives. The words, “ we, the People of D The preamble is based on Jawaharlal India....” clearly indicates that the Nehru’s Objectives Resolution, source of authority of the Indian adopted by the Constituent Assembly Constitution is emphasizes in on January 22, 1947. people of India. N. A. Palkhivala called the Preamble 2. Nature of Indian State is the identity card of the Constitution. It declares India to be a sovereign, K Pandit Thakur Das Bhargava called socialist, secular, democratic and the Preamble is the soul of the a republic nation. Constitution. (a) Sovereign Sir Earnest Barker said preamble is a Sovereignty denotes supreme and ‘key note’ to indian constitution. ultimate power. The provision of preamble in Sovereignty means the constitution is taken from constitution independent authority of the State, KD Live 12 Bhagyashree Ma'am  not being subject to the control of (d) Democratic any other State or external power. The word democracy comes from The word sovereign’ in the the Greek words "demos", meaning Preamble of India implies that people, and "kratos" meaning India is neither a dependency nor power. Thus, in democr acy, a dominion of any other nation, but ultimate power lies with the people. an independent State. India has indirect democracy. India is sovereign because it can The Indian Constitution provides make or unmake any decision with for representative Parliamentary respect to itself without democracy under which the ve interference by any other country. executive is responsible to the (b) Socialist legislature for all its policies and The word “socialist” was added in actions. the Preamble by the 42nd The term ‘democratic’ is used in the Constitutional Amendment Act, preamble in the broader sense 1976. embr acing not only polit ical India has adopted ‘Democratic democracy but also social and Socialism’. It holds faith in a mixed economic democracy. economy where both private and (e) Republic “ Li public sectors co-exist side by side. The addition of “socialist” indicates The term ‘republic’ in our Preamble indicates that India has an elected head called the President. the incorporation of the philosophy India is a republic because the of “socialism” in the Constitution, head of the State is elected and is which aims at elimination of not a hereditary monarch. inequality in income and status Moreover, in a republic, political and standards of life (D.S Nakara sovereignty is vested in the people Vs Union of India, 1983). & all offices of govet are open for (c) Secular common people. The word “secular” was added in D the Preamble by the 42nd Constitutional Amendment Act, 1976. A secular State, in Indian context, means that the State protects all religions equally and does not itself K uphold any religion as the State religion. In S. R. Bommai case, 1994, Supreme Court held that the secularism is a part of the basic structure of the Constitution.“ KD Live 13 Bhagyashree Ma'am 3. Objectives of the Constitution 4. Date of adoption of the Constitution“ It specifies justice, liberty, equality and The date of adoption of the fraternity as the objectives. Constitution is 26 November, 1949. (a) Justice Preamble as Part of the Constitution The term ‘justice’ in the Preamble Or Not? embraces three distinct forms— Berubari Union case, 1960 social, economic and political. In this case, Supreme Court held i) Social Justice - It denotes the that the Preamble is not a part of equal treatment of all citizens the Constitution. wit hout any social Kesavananda Bharati case, 1973 ve discrimination. In this case, Supreme Court ii) Economic Justice - It denotes overruled its earlier judgement and the non-discriminat ion held that Preamble is a part of the between people on the basis Constitution. of economic factors. It LIC of India case, 1995 involves the elimination of In this case also, the Supreme inequalit ies in wealth, Court again held that the Preamble income, etc. is an integral part of the iii) Political Justice - It means Constitution. (b) Liberty Li that all citizens should have equal political rights. Amendability of the Preamble The Supreme Court , Kesavananda Bharati case(1973), in The term ‘liberty’ means the held that the Preamble is a part of absence of restraints on the the Constitution and can be activities of individuals. However, amended under Article 368 of the it does not mean that an individual Constitution. has absolute liberty to do whatever The Preamble has been amended he or she feels like. only once so far in 1976 by the It provides opportunity for the 42nd Constitutional Amendment development of individuals. Act, which has added three new D (c) Equality words: The term ‘equality’ means the Socialist absence of special privileges to any Secular section of the society, and the Integrity prov ision of adequate opportunities for all individuals K without any discrimination. (d) Fraternity Fraternity means a sense of brotherhood. It is a feeling that all people are children of the same soil, the same Motherland. KD Live 14 Bhagyashree Ma'am  Bhagyashree Ma'am Article 1: India, that is, Bharat shall be (e) alter the name of any ve a Union of States (rather than State federation of States) Article 3: lays down two conditions: According to Article 1, the territory of 1. A bill relating to Article 3 India can be classified int o 3 can be introduced in the categories. Parliament only on the 1. Territories of the State prior recommendation of 2. Union territories. the President. 3. Territories that may be acquired by 2. Before recommending the the Govt. of India at any time. bill, the President has to Li Article 2 : Art icle 2 empowers the Parliament to admit into the Union of India, or establish, refer the same to the State Legislat ure concerned for expressing new States on such terms its views within a and conditions as it thinks specified period. fits. Article 3: Art icle 3 authorizes the Article 4: Article 2 and 3 are not to be Parliament to: considered as amendments (a) form a new State by of the Constitution under separation of territory Article 368. i.e. they can be D from any State or by passed by simple majority. unit ing two or more Demand- Reorganisation of States States or by uniting any on the basis of language. territory to a part of any 1. The Govt. of India in June 1948, State. appointed the linguistic provinces (b) increase the area of any commission under the K State. Chairmanship of S.K. Dhar also (c) diminish the area of any known as Dhar commission to State. examine t he demand. This (d) alter the boundaries of commission submitted its report in any State. Dec 1948 and in its report rejected the demand. KD Live 15 Bhagyashree Ma'am  2. In Dec 1948, congress appointed a linguistic provinces committee to Fazl Ali Commission again examine the demand. The committee consisted of 3 members, Fazl Ali K.M. HN namely: (Chairman) Panikkar Kunzru JVP Committee This commission submitted its report Jawaharlal Vallabhbhai Pattabhi in Sept. 1955 and in its report Nehru Patel Sitaramayya accepted the demand. But it rejected ve the theory of One language - One State. Note: The demand for a separate State intensified in the Telugu speaking Other recommendations of the region of madras. Potti Sriramulu, who commission: fasted unto death for the creation of (a) Preservation and strengthening Andhra State, died on 56th day of fast of the unity and security of the unto death. country. Due to the violence and unrest in the (b) Linguistic and cultural region, following the death of Potti homogeneity Li Sriramulu, the Govt. of India was forced to create Andhra State, the first linguistic State, by separating Telugu (c) Financial, economic and administrative considerations (d) Planning and Promotion of the Speaking areas from the Madras State. welfare of the people in each State as well as of the nation as 3. The Govt. of India appointed a State a whole. reorganization commission in Dec. Note: By the 7th Constitutional 1953 to examine the demand. The Amendment Act, 1956 and the States commission consisted of 3 members, reorganisation Act, 1956, the Part 7th namely: of the Constitution was repealed and 14 States and 6 Union Territories were D created on 1st Nov, 1956. K KD Live 16 Bhagyashree Ma'am  Territory of India in 1956 State Union Territories 1. Andhra Pradesh 1. AandN Islands 2. Assam 2. Delhi 3. Bihar 3. Himachal Pradesh 4. Bombay 4. Laccadive, Minicoy and 5. Jammu and Kashmir Amindivi Islands 6. Kerala 5. Manipur ve 7. Madhya Pradesh 6. Tripura 8. Madras 9. Mysore 10. Orrisa 11. Punjab 12. Rajasthan 13. Uttar Pradesh 14. West Bengal After 1956 Li Formation of new state & U.T.S. created out of Punjab. 7. 1971– Earlier Union Territory of India 1. 1960 – Maharastra (14) & Gujarat (15) Himachal Pradesh was given the state are formed out of Bombay by status of 18th State of India. Bombay Reorganization Act. 1960. 8. 1972– By 22nd Constitutional 2. 1961 – By 10th Const itutional Amendment Act Amendment Act of 1961 the (b) Earlier Union Territory Manipur Portuguese enclaves Dadar & Nagar and Tripura were converted to the Hav eli was conv erted to Union 19th & 20th State of India. Territory. (c) Meghalaya was created 21th State D 3. 1962 – By 12th Amendment Act of of India out of Assam. 1962 Portuguese enclave Goa, Daman (d) Mizoram & Arunachal Pradesh , & Diu was convert ed to Union two new Union Territories were Territories of India. formed out of Assam. 4. 1962 – By 14th Amendment Act of 9. 1975– By 36th Amendment Act, 1962, French territory Pondicherry, Sikkim was created a State of India. K Karaikal, Mahe and Yanam were 10. 1987– 3 Union Territories Mizoram, converted to Union Territory. Arunachal Pradesh and Goa was given 5. 1963 – Nagaland was made 16th State the State of States of India. of India out of Assam. 11. 2000– Chhattisgarh, Uttrakhand & 6. 1966– Haryana 17th stat e & Jharkhand State were created out of Chandigarh (Union Territory) were Madhya Pradesh, Uttar Pradesh and KD Live 17 Bhagyashree Ma'am  Bihar respectively. 12. 2014– Telangana was created as the 29th State of India out of Andhra Pradesh. 13. Oct. 2019– Jammu & Kashmir State was Bifurcated & 2 Union Territories Jammu Kashmir & Laddakh were formed. Change of Name of State ve 1950– United Provinces was renamed as Uttar Pradesh 1969– Madras was renamed as Tamil Nadu 1973– Mysore was renamed as Karnataka 1973– Laccadive, Amindivi, Minicoy were renamed as Lakshadweep 2006– Utt ranchal was renamed Uttarakhand Li 2011– Orissa was renamed as Odisha D K KD Live 18 Bhagyashree Ma'am  Bhagyashree Ma'am Residents such a citizen, subject to the ve 1. Permanent – Citizen- enjoy all provisions of any law made rights by Parliament. 2. Temporary- aliens- do not enjoy Article 11 - Parliament shall have the all rights provided by constitution. power to make any provision Article: 15,16,19,29,30, vote, do not with respect to the contest elections, don’t acquire post of acquisition and termination president, vice president, judges, of citizenship and all other attorney general, Governor. matt ers relating to Friendly alien- don’t enjoy above citizenship. rights Li Enemy alians- don not enjoy above rights & also rights under article 22 Article 5 - CITIZENSHIP AT THE COMMENCEMENT OF THE Single citizenship- taken from Britain CONSTITUTION ie 26 Jan to promote fraternity 1950 At the commencement of this Article 5 - Persons domiciled in India. Constitution, every person Article 6 - Persons migrated from who has his domicile in the Pakistan to India. territory of India and fullfil Article 7 - Persons migrated from India any 1 of 3 condition shall be D to Pakistan but later a citizen of India. returned. (a) who was born in the Article 8 - Persons of Indian origin territory of India; or residing outside India. (b) either of whose parents Article 9 - No person shall be a citizen was born in the territory of India or be deemed to be a of India; or K citizen of India, if he has (c) who has been ordinarily voluntarily acquired the resident in the territory of citizenship of any foreign India for not less than five State. years immediat ely Article 10 - Every person who is or is preceding such deemed to be a citizen of commencement. India shall continue to be KD Live 19 Bhagyashree Ma'am Article 6 - CITIZENSHIP TO CERTAIN from India after March 1, PERSONS WHO HAVE 1947, but later returned MIGRATED TO INDIA Back to India. Such a person FROM PAKISTAN have to reside in india for 6 a person who has migrated months then he will provided to the territory of India from the citizenship of India. the territory now included in Article 8 - RIGHTS OF CITIZENSHIP Pakistan shall be deemed to OF CERTAIN PERSONS OF be a citizen of India at the INDIAN ORIGIN RESIDING commencement of this OUTSIDE INDIA ve Constitution if – any person who or either of (a) he or either of his parents whose parents or any of or any of his gr and- whose grandparents was parents was born in born in India and who is undivided India and ordinarily residing in any (b) (i) in the case where country outside India , shall such person has so be deemed to be a citizen of migrated before the India if he has been 19 July, 1948, he has registered as a citizen of India been resident Liordinar ily in ter ritory of India the by the diplomatic represen- tative of India in the country where he is for the time being since the date of his residing on an application migration, or made by him. (ii) in the case where Article 9 - No person shall be a citizen such person has so of India or be deemed to be a migrated on or after citizen of India, if he has the 19 July, 1948, he voluntarily acquired the has to reside in india citizenship of any foreign for atleast 6 months State. D and then registered Article 10- Every person who is or is as a citizen of India by deemed to be a citizen of the Government of India shall continue to be the India on an such a citizen, subject to the application made by provisions of any law made him. by Parliament. K Article 7 - RIGHTS OF CITIZENSHIP Article 11 - Parliament shall have the OF CERTAIN MIGRANTS power to make any provision TO PAKISTAN with respect to the This article prov ides acquisition and termination citizenship to the person who of citizenship and all other had migrated to Pakistan matt ers relating to citizenship. KD Live 20 Bhagyashree Ma'am  Citizenship Act, 1955 This Act provides for acquisition and loss of citizenship after the commencement of the Constitution. Acquisitions of citizenship Loss of citizenship 5 way 3 ways 1. By Birth 1. By Renunciation 2. By Descent 2. By Termination 3. By Registration 3. By Deprivation 4. By Naturalization ve 5. By Incorporation of Territory Acquisition of Citizenship either of his parents is a citizen of 1. By Birth India at the time of his birth. A person born in India on or after From 3rd December 2004 26th January 1950 but before 1st onwards, a person born outside July 1987 is a citizen of India by India shall not be a citizen of India birth irrespective of the nationality by descent, unless his birth is of his parents. registered at an Indian consulate A person born in India on or after within one year of the date of birth Li 1st July 1987 is considered as a citizen of India only if either of his or with the permission of the Central Government, after the parents is a citizen of India at the expiry of the said period. An time of his birth. application for registration of the Further, those born in India on or birth of a minor child to an Indian after 3rd December 2004 are consulate shall be accompanied by considered citizens of India only if an undertaking in writing from the both of their parents are citizens parents of such minor child that of India or one of whose parents is he or she does not hold the a citizen of India and the other is passport of another country. D not an illegal migrant at the time 3. By Registration of their birth. The Central Government may, on an 2. By Descent application, register as a citizen of A person born outside India on or India any person (not being an illegal after 26th January 1950 but before migrant) if he belongs to any of the 10th December 1992 is a citizen following categories, namely:- K of India by descent, if his father (a) a person of Indian origin who is was a citizen of India at the time ordinarily resident in India for of his birth. seven years before making an A person born outside India on or application for registration; after 10th December 1992 is (b) a person who is married to a citizen considered as a citizen of India if of India and is ordinarily resident in India for seven years before KD Live 21 Bhagyashree Ma'am  making an application for citizens of that country by registration; naturalisation; (c) minor children of persons who are (b) that, if he is a citizen of any citizens of India; country, he undertakes to (d) a person of full age and capacity renounce the citizenship of whose parents are registered as that country in the event of his citizens of India; applicat ion for Indian (f) a person of full age and capacity citizenship being accepted; who, or either of his parents, was (c) that he has either resided in earlier citizen of independent India or been in the service of ve India, and is ordinarily resident in a Government in India or partly India for twelve months the one and partly the other, immediately before making an throughout the period of twelve application for registration; months immediately preceding (g) a person of full age and capacity the date of the application; who has been registered as an (d) that during the fourteen years overseas citizen of India cardholder immediately preceding the said for five years, and who is ordinarily period of twelve months, he has resident in India for twelve months either resided in India or been registration. Li before making an application for A person shall be deemed to be of in the service of a Government in India, or partly the one and partly the other, for periods Indian origin if he, or either of his amounting in the aggregate to parents, was born in undivided not less than eleven years; India or in such other territory (e) that he is of good character; which became part of India after (f) that he has an adequate the 15th August, 1947. knowledge of a language specified in t he Eighth Every person who got Indian Schedule to the Constitution, citizenship by registration has to take and D oath of Indian constitution. (g) that in the event of a certificate 4. By Naturalisation of naturalisation being granted The Central Government may, on to him, he intends to reside in an application, grant a certificate India, or to ent er int o or of naturalisation to any person (not continue in, service under a being an illegal migrant) if he Government in India or under K possesses the following an international organisation qualifications: of which India is a member or (a) that he is not a subject or under a society, company or citizen of any country where body of persons established in citizens of India are prevented India. from becoming subjects or KD Live 22 Bhagyashree Ma'am  However, the Government of India may its registration shall be withheld by waive all or any of the above conditions the Central Government. for naturalisation in the case of a 2. By Termination per son who has rendered When an Indian citizen voluntarily distinguished service to the science, (consciously, knowingly and philosophy, art, literature, world peace without duress, undue influence or or human progress. Every naturalised compulsion) acquires the citizen must take an oath of allegiance citizenship of another country, his to the Constitution of India. Indian citizenship automatically ter minat es. This pr ovision, ve 5. By Incorporation of Territory however, does not apply during a If any foreign territory becomes a war in which India is engaged. part of India, the Government of 3. By Deprivation India specifies the persons who It is a compulsory termination of among the people of the territory Indian citizenship by the Central shall be the citizens of India. government, if- (a) the citizen has obtained the 6. Assam Accord citizenship by fraud; This provision were added by (b) the citizen has shown Li citizenship amendment act 1985. Every person of Indian origin who came to india from Bangladesh disloyalty to the Constitution of India; (c) the citizen has unlawfully before 1 Jan 1966 shall be deemed traded or communicated with to be indian citizen. the enemy during a war; Person who came after 1 Jan 1966 (d) the citizen has, within five and before 25 March 1971 have to years after registration or reside in India for 10 years and naturalisation, been then register for Indian citizens imprisoned in any country for Person who came after 25 March two years; and 1971 were not be provided with (e) the citizen has been ordinarily D Indian citizenship. resident out of India for seven years continuously. Loss of Citizenship Discrimination in Single citizenship of 1. By Renunciation India. Any citizen of India of full age and Article-15 This art icle prohibits capacity can make a declaration discrimination against any K renouncing his Indian citizenship. citizen on grounds of religion, Upon the registration of that race, caste, sex & place of declaration, that person ceases to birth but not on grounds of be a citizen of India. However, if residence. such a declaration is made during This means state can provide a war in which India is engaged, special benefits to residents. KD Live 23 Bhagyashree Ma'am Article-16 The parliament can prescribe Overseas citizenship of India. residence within state as a In September 2000, government condition for certain public appointed a high level committee employment. on Indian Diaspora under Article-19 Freedom of movement and chairmanship of L.M. Singhvi to residence in tribal areas is recommend measures for a restricted to protect the constructive relationship with interests of schedule tribe. person of Indian origin residing Earlier state of Jammu & outside India. kashmir have rights under Person of Indian Origin(PIO) card ve article 35-A to prescribe scheme was intr oduced on special provisions for 19,August,2002 to provide some permanent resident of the benefits to Person of Indian origin state but this special status of 16 specified countries other than was abolished by Presidential Pakistan and Bangladesh. Order known as In December, 2005 government 'Constitutional order, 2019 ‘. introduce Overseas Citizenship of India(OCI) card scheme for person of Indian origin of all countries Li except Pakistan and Bangladesh. By citizenship amendment act 2015 government merged all PIO card scheme holder with OCI and a new scheme ‘Overseas citizen of india cardholder’ was made. D K KD Live 24 Bhagyashree Ma'am  Bhagyashree Ma'am 1. Part 3 of the Constitution is described Seven Fundamental Rights ve as the MAGNA CARTA of India and the 1. Right to Equality [14 – 18] corner stone of Indian constitution. 2. Right to Freedom [19 – 22] 2. Inspired from the Constitution of USA 3. Right Against Exploitation [23 – 24] 3. All rights are available to citizen but 4. Right to Freedom of Religion [25 – 28] some fundamental rights are available 5. Cultural and Educational Rights [29 – to foreigners. 30] 4. They are not absolute but qualified. 6. Right to Property The State can impose reasonable 7. Right to Constitutional Remedies restrictions on them. Howev er, the Court. Li whether such restrictions are reasonable or not is to be decided by Note: By t he 44t h Constitutional Amendment Act,1978, the Right to 5. They are justiciable i.e. a person can property, under Article 31, has been move the Court for their enforcement repealed. Now, Right to Property is a in case of their violation. legal and Constitutional right, and not 6. They are not permanent. They can be a fundamental right. At present, it is curtailed or repealed. under Part XII, Article 300A of the 7. They can be suspended during the Constitution. operation of the national emergency Article 12 - Definition of State D except the rights guaranteed by Article 1. Government and Parliament of India, 20 and 21. i.e. executive and Legislative organs of 8. Fundamental rights are made to the Union government. promote t he ideal of political 2. Government and legislature of State democracy. i.e. executive and Legislative organs of 9. Fundamental rights are guaranteed by State Government. K constitution & protected by supreme 3. All local authorities i.e. Municipalities, court. Panchayats, PWD, etc. 10. They aim at establishing ‘a government 4. All constitutional and statutory of laws not of men’. authorities such as SC, EC, LIC, 11. Fundamental rights are Most essential ONGC, etc. for all-round dev elopment of The action of all these agencies can individuals. be challenged in the court if violating KD Live 25 Bhagyashree Ma'am  the fundamental rights. Constitution. A private body working as an Article 14 - Equality before law & Equal instrument of state falls within the protection of laws defination of state 1. The State shall not deny Article 13 - Laws inconsistent with or in to any person equality der ogation of the before the law or the fundamental rights. equal protection of the 1. All laws t hat ar e in laws within the territory consistent with or in of India. derogation of any of the 2. This Article is available to ve fundamental right shall both Indian as well as be void. foreigners. 2. It provides for judicial 3. Concept of ‘equality review. before law’ - British 3. Power of judicial review Concept of ‘equal has been conferred upon prot ection of law’ - the Supreme Court, American under Article 32, and 4. Article 14 forbids class High Cour ts, under legislation, but it permits Article 226. Li 4. The term “law”, used in this Article, includes any reasonable classification of person, objects and transactions by law. But Ordinance, order, bye- the classification should law, rule, regulation, not be arbitrary, artificial notification, custom or or evasive. usage having in the Equality before law- territory of India the force Equal protection of laws- of law. Rule of law- Explanation: The concept of ‘Rule of law’ was Article 13 declares that a propounded by A.V. Dicey. D Constitutional Amendment is not This concept has the following 3 a law and hence cannot be elements or aspects: challenged. (i) Absence of arbitrary power The Supreme Cour t in (ii) Equality before the law Kesavananda Bharati case, 1973 (iii) The primacy of the rights of held that even if an amendment of the individual. K the Constitution is not a “law” Note: First and second elements are within the meaning of Article 13, applicable to the Indian system and still it can be Challenged on the not the 3rd one. In the Indian system, ground that it v iolates a the Constitution is the source of the fundamental right that forms a individual rights. part of the basic structure of the KD Live 26 Bhagyashree Ma'am  ‘Rule of law’ is a basic feature of 1. The State shall not the Constitution held by the discriminate against any Supreme Court. Hence, it cannot citizen on grounds only of be destr oyed even by a religion, race, caste, sex, Constitutional amendment. place of birth or any of Exceptions: them. 1. Article 361- Protection of President 2. No citizen shall, on and Governors and Rajpramukhs. grounds only of religion, 1. The President, or the Governor race, caste, sex, place of shall not be answerable to any birth or any of them, be ve Cour t for the exercise and subject to any disability, performance of the powers and liability, restriction or duties of his office. condition with regard 2. No criminal proceedings shall be to— instituted or continued against the (a) access to shops, President, or the Governor of a public restaurants, State, in any Court during his term hotels and places of of office. public entertainment; 3. No process for the arrest or or Li imprisonment of the President, or the Governor of a State, shall issue from any Court during his term of (b) the use of wells, tanks, bathing ghats, roads and places of office. public resort 4. No civil proceedings against the maintained wholly or President, or the Governor of a partly out of State State, shall be instituted during his funds or dedicated to term of office in any Court in the use of the general respect of any act done by him in public. his personal capacity, whether 3. Nothing in this Article before or after he entered upon his shall prevent the State D office as President, or as Governor from making any special of such State, until the expiration provision for women and of two months next after notice has children. been delivered to him. 4. Nothing in this Article 2. Article 361-A.(Person) shall prevent the State 3. Article 105(member of parliament) from making any special K 4. Article-194 (member of state provision for the legislature) adv ancement of any 5. Article 31C socially and Article 15 - Prohibition of discrimination educationally backward on grounds of religion, race, classes of citizens or for caste, sex or place of birth. the Scheduled Castes KD Live 27 Bhagyashree Ma'am  and the Scheduled By 103rd amendment act Tribes. (Added by 1st 2019 government issue an Co ns t it ut i on al order prov iding 10% Amendment Act, 1951) reservation to EWS in 5. Nothing in this Article admission to educational shall prevent the State institutions. from making any special provision, by law, for the Article 16- Equality of opportunity in adv ancement of any mat ters of public socially and employment ve educationally backward 1. There shall be equality of classes of citizens or for opportunit y for all the Scheduled Castes or citizens in matt ers the Scheduled Tribes in relating to employment or so far as such special appointment to any office provisions relate to their under the State. admission to educational 2. No citizen shall, on institutions including grounds only of religion, priv ate educational race, caste, sex, descent, Li inst itutions, whether aided or unaided by the State, other than the place of birth, residence or any of them, be ineligible for, or minority educational discriminated against in institutions. (Added by respect of, any 93rd Const itutional employment or of fice Amendment Act, 2005 ) under the State. 6. State can make special Exceptions: prov isions for 1. Parliament can prescribe residence as advancement of a condition for certain employment or economically weaker appointment in a State or union D sect ion of citizens territory or local authority or other regarding their admission authority. in institution. 2. Nothing in this Article shall prevent the In 2005 by 93rd amendment State from making any provision for act The government enacted the reservation of appointments or central educat ion posts in favour of any backward class K institutions ( reservation in of citizens which, in the opinion of the admission) act 2006 And State, is not adequately represented provided 27% quota to other in the services under the State. backward classes in all 3. A law can provide that the incumbent higher education institutions of an office related to religious or including iit and iim. denominational institution or a KD Live 28 Bhagyashree Ma'am  member of its governing body should Conclusion belong to the particular religion or In 1993- National commission for denomination. Backward classes was established & 4. State can make special provisions for in 2018 by 102nd amendment act it reservation of upto 10% in got a constitutional status under appointment of any economically article 338-B. weaker sections of citizens. In order to nullify rulling of supreme Mandal Commission court regarding reser vation in The government, in 1979, appointed promotion the government enacted the Second Backward Classes 73rd amendment act 1995 to empower ve Commission under the Chairmanship state to make provision to provide of B.P. Mandal (Mandal Commission) reservation to OBC in promotion. to Investigate the conditions of the By 103rd amendment act of 2019 socially and educationally backward government issue an order providing classes and suggest measures for their 10% quota to economically weaker adv ancement. The Commission section of citizens in public submitted its report in 1980 and employment. recommended 27% reservation for the Article 17 – Abolition of Untouchability OBCs in government jobs. 10 years “Untouchability” is abolished Li later, the V.P. Singh government declared reserv ation of 27% in government jobs for the OBCs. and its practice in any form is forbidden. The enforcement of any disability In 1991 narasimha rao government arising out of bring 2 changes. “Untouchability” shall be an 1. Exlude creamy layer in 27% quota offence punishable in to OBC accordance with law. 2. Provided 10% reservation in public “Note: employment to economically In 1955, Parliament enacted the weaker section. Untouchability (Offences) Act, 1955. In indra Sawhney vs union of India This act prescribed punishment for the D case(mandal case) 1992, supreme practice of untouchability and for the court upheld validity of 27% quota to enforcement of any disability arising OBC but rejected the 10% quota to therefrom.“ EWS an suggested In 1976, the Untouchability (Offences) 1. Exclude creamy layer of OBC Act, 1955 has been comprehensively 2. No reservations in promotion. amended and renamed as the K 3. To establish a permanent statutory Protection of Civil Rights Act, 1955 to body to examine inclusion and enlarge the scope and make penal exclusion of citizens in list of OBC provisions more stringent. In 1993 ram nandan committee was The term ‘untouchability’ has not been appointed to identify creamy layer defined either in the Constitution or among OBC. in the Act. KD Live 29 Bhagyashree Ma'am Article 18 – Abolition of titles“ (a) Right to freedom of speech and 1. No title shall be conferred expression. by the State. The State can impose reasonable 2. No citizen of India shall restrictions on the exercise of accept any title from any freedom of speech and expression foreign State. on the grounds of: 3. No person who is not a 1. Sovereignty and integrity of citizen of India shall, India (added by the 16th while he holds any office Constitutional Amendment of profit or trust under Act, 1963) ve the State, accept without 2. Security of the State the consent of the 3. Friendly relations with foreign President any title from States any foreign State. “4. 4. Public order No person holding any 5. Decency or morality office of profit or trust 6. Contempt of Court under the State shall, 7. Defamation without the consent of 8. Incitement to an offence. the President, accept any (b) Right to assemble peaceably and Li present, emolument, or office of any kind from or under any foreign State. without arms The State can impose reasonable restrictions on the exercise of right Exceptions: of assembly on two grounds, 1. Military titles namely, sovereignty and integrity 2. Educational titles of India and Public order. 3. National Awards- Bharat Ratna, Only on public land. Padma Vibhushan, Padma Bhushan This right does not include right to and Padma Sri.] strike. Under 144 section of criminal code a Article 19 - Protection of certain rights D magistrate can restrain meeting if regarding freedom of speech, there is risk. etc. Under section 141 of Indian penal Article 19 guarantees to code, 5 more persons are also not all citizens the six rights. allowed to do this. Originally, Article 19 (c) to form associations or unions contained seven rights. K or co-operative societies But, the Right to acquire, The State can impose reasonable hold and dispose of restrictions on the exercise this property was deleted by right on the grounds of sovereignty the 44th Constitutional and integrity of India, Public order Amendment Act of 1978. and morality. 6 rights are: KD Live 30 Bhagyashree Ma'am It include right to form political parties, Article 20- Protection in Respect of companies, club, societies, Conviction for Offences organization , trade union etc. It grants protection against But right to obtain recognition of arbitary and excessive association is not a fundamental right. punishment to an accused (d) To move freely throughout the person. territory of India 1. No ex post facto laws - No person shall be convicted of any The grounds of imposing offence except for violation of a law in reasonable restrictions on this force at the time of the commission of freedom are two, namely, the the Act, nor be subjected to a penalty ve interests of general public and greater than that prescribed by the law the protection of interests of in force at the time of the commission any Scheduled Tribe of the offence. The purpose is to promote national Expost facto laws are not applicable feeling. on criminal laws but are applicable on This does not include right to travel tax law or civil law. abroad. 2. No double jeopardy - (e) to reside and settle in any part No person shall be prosecuted and of the territory of India punished for the same offence more The State can impose Li reasonable restrictions on the exercise of this right on two than once. double jeopardy is available against courts decision but it is not available grounds, namely, the interests Against depart mental or of general public and the administrative bodies. protection of interests of any 3. No self-incrimination - Scheduled Tribes. No person accused of any offence shall The purpose is to remove internal be compelled to be a witness against barriers with in the country and to himself. promote nationalism. State can ask for thumb impression, (g) to practise any profession, or to signature, blood sample, examination D carry on any occupation, trade of body. Article 21- Protection of Life and or business. Personal Liberty The State can impose reasonable No person shall be deprived restrictions on the exercise of this right of his life or personal liberty in the interests of the general public. except according to State can prescribe professional or K procedure established by technical qualifications. law. State can itself carry any trade as It is available against arbitary monopoly with completely exclusion of executive actions and citizens. arbitrary legislative actions. It does not include right to carry Note: immoral, danger ous and illigal The right to life and personal liberty of proffessions. a person can be deprived by law KD Live 31 Bhagyashree Ma'am  provided the procedure prescribed by Punitive detention- When a person that law is reasonable, fair and just. is convicted by a Court for an offence Right to life include 35 riright committed by him. Under punitive Right to live with human dignity. detention, following r ights are Right of decent environment, available: pollution free water and air. (a) Right to be informed of the grounds Right to privacy of arrest. Right to free Legal aid (b) Right to consult and to be defended Right to travel abroad by a legal practitioner. (i.e. lawyer) Right to fair And speedy trial. (c) Right to be produced before a Right to information magistrate wit hin 24 hours, ve Right to sleep excluding the journey time. Article 21A- Right to Educat ion (d) Right to be released after 24 hrs institutions unless the magistrate authorizes The State shall provide free further detention. and compulsory education to Same rights are also available to a person under preventive detention. all children of the age of 6 to But these rights are not available to 14 yrs in such a manner as an enemy alien. the State may determine by Preventive detention- It means law. detention of a person without trial and Li Note: This Article was added by 86th Constitutional Amendment Act, 2002. This amendment added article 21-A conviction by a Court. Thus, it is based on suspicion to prevent per son