Indian Polity Summary (Laxmikant).pdf

SUMMARY INDIAN POLITY BY M LAXMIKANTH Click Here To Join Telegram- BPSC Exams Special  Topics Covered: CONSTITUTIONAL FRAMEWORK HISTORICAL BACKGROUND: Regulating Act of 1773 Government of Ind...

SUMMARY INDIAN POLITY BY M LAXMIKANTH Click Here To Join Telegram- BPSC Exams Special  Topics Covered: CONSTITUTIONAL FRAMEWORK HISTORICAL BACKGROUND: Regulating Act of 1773 Government of India Act of 1858 Amending Act of 1781 Indian Councils Act of 1861 Pitt’s India Act of 1784 Indian Councils Act of 1892 Act of 1786 Indian Councils Act of 1909 Charter Act of 1793 Government of India Act of 1919 Charter Act of 1813 Government of India Act of 1935 Charter Act of 1833 Indian Independence Act of 1947 Charter Act of 1853 MAKING OF THE CONSTITUTION: Chronology wise events Major committees Drafting committee SALIENT FEATURES OF THE CONSTITUTION Features of the Constitution Sources of the Constitution at a Glance PREAMBLE OF THE CONSTITUTION KEY WORDS IN THE PREAMBLE Sovereign Liberty Socialist Equality Secular Fraternity Democratic Significance of Preamble Republic Amendability of Preamble Justice Is the preamble Part of the Constitution? UNION AND ITS TERRITORY Parliament’s Power To Reorganization The States Dhar Commission and JVP Committee Fazl Ali Commission New States and Union Territories Created After 1956 Click Here To Join Telegram- BPSC Exams Special 1|Page CITIZENSHIP Constitutional Provisions Citizenship Act, 1955 Overseas Citizenship Of India Comparing Nri, Pio And Oci Cardholder FUNDAMENTAL RIGHTS Features Of Fundamental Rights Definition Of State Laws Inconsistent With Fundamental Rights Right To Equality Right To Freedom Right Against Exploitation Right To Freedom Of Religion Cultural And Educational Rights Right To Constitutional Remedies Armed Forces And Fundamental Rights Exceptions To Fundamental Rights DIRECTIVE PRINCIPLES OF STATE POLICY FUNDAMENTAL DUTIES AMENDMENT OF THE CONSTITUTION Types of Amendments and procedure BASIC STRUCTURE OF THE CONSTITUTION Elements Judgements PART-II SYSTEM OF GOVERNMENT PARLIAMENTARY SYSTEM Features Federal System Difference between unitary and Federal system CENTER-STATE RELATIONS Legislative relations. Administrative relations. Financial relations Various commissions and recommendations INTER-STATE RELATIONS Click Here To Join Telegram- BPSC Exams Special 2|Page  Inter-state council Zonal council EMERGENCY PROVISIONS National emergency President’s rule Financial emergency Comparative Study of Part 3 and part 4 PART-III CENTRAL GOVERNMENT PART-IV STATE GOVERNMENT President Governor Vice-President Chief Minister Prime Minister State Council of Ministers Central Council of Ministers State Legislature Cabinet Committees High Court Parliament Tribunals Parliamentary Committees Subordinate Courts Parliamentary Forums NLSA Parliamentary Group Lok Adalat Supreme Court Family courts Judicial Review Gram Nyayalaya Judicial Activism Public Interest Litigation Special Provisions for Some States PART-V LOCAL GOVERNMENT PANCHAYATI RAJ Evolution and Various Committees 73rd Amendment Act Of 1992- Features Pesa Act Of 1996 (Extension Act) MUNICIPALITIES 74th Amendment Act Of 1992- Features PART-VI UNION TERRITORIES AND SPECIAL AREAS Union Territories Scheduled and Tribal Constitutional and Non Constitutional Bodies Click Here To Join Telegram- BPSC Exams Special 3|Page PART-VII CONSTITUTIONAL BODIES PART-VIII NON- CONSTITUTIONAL BODIES o Election Commission o Union Public Service  NITI Aayog CommissionState Public Service Commission Finance  National Human Rights Commission CommissionState Human Rights o Goods and Services Tax Commission Central Information CouncilNational Commission Commission State Information for SCs National Commission Commission Central Vigilance for STs National Commission Commission Central Bureau of for BCs Investigation Lokpal and o Special Officer for Linguistic Lokayuktas Minorities Comptroller and Auditor  National Investigation Agency General of India 52. Attorney  National Disaster Management Authority General of India o Advocate General of the State Misc POLITICAL DYNAMICS Elections Election Laws Electoral Reforms Parts and Schedules of constitution Click Here To Join Telegram- BPSC Exams Special 4|Page  HISTORICAL BACKGROUND Regulating Act of 1773 Amending Act, 1781 1) first step taken by the British Government to 1) To rectify the defects of the Regulating Act of control and regulate the affairs of the East 1773, the British Parliament passed the India Company in India (laid the foundations Amending Act of 1781, also known as the Act of central administration in India). of Settlement or Declaratory Act, 1781. 2) It designated the Governor of Bengal as 2) It exempted the Governor-General and the the ‘Governor-General of Council from the jurisdiction of the Supreme Bengal’(GGB). The first such Governor Court for the acts done by them in their official General was Lord Warren Hastings. capacity and also exempted the servants of the 3) It provided for the establishment of a company from the jurisdiction of the Supreme Court at Calcutta (1774)(with Supreme Court for their official actions. Original and Appellate jurisdiction) 3) It excluded the revenue matters and the comprising one chief justice and three matters arising in the collection of revenue from other judges. (UPSC PRE) the jurisdiction of the Supreme Court. 4) Bombay and Madras presidencies were made 4) It provided that the Supreme Court was to have subordinate jurisdiction over all the inhabitants of Calcutta. It also required the court to administer the personal law of the defendants i.e., Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law. 5) It laid down that the appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court. It empowered the Governor-General-in Council to frame regulations for the Provincial Courts and Councils. Pitt’s India Act, 1784 Act of 1786 1) Indian affairs came under direct control of 1) Lord Cornwallis was appointed as the the British Government in Britain. Governor-General of Bengal. He placed two Distinguished between the commercial and demands to accept that post, viz., political functions of the Company. 1. He should be given power to override the 2) Allowed the Court of Directors( CoD) to decision of his council in special cases. manage the commercial affairs and created 2. He would also be the Commander-in-Chief. a new body called Board of Control(BoC) Accordingly, the Act of 1786 was enacted to make (6 members) to manage the political both the provisions. affairs- to supervise and direct all operations of the civil and military government or revenues of the British Click Here To Join Telegram- BPSC Exams Special 5|Page  possessions in India Thus, it established a system of dual government. Charter Act 1793 Charter Act, 1813 1) It extended the overriding power given to 1) It ended the monopoly of the EIC in India Lord Cornwallis over his council, to all except company’s monopoly in “trade with future Governor-Generals and Governors china” and “trade in tea with India”. Thus, trade of Presidencies. It gave the with India for all commodities except tea was Governor-General more powers and thrown open to all British subjects. This lasted till control over subordinate Presidencies of 1833 when the next charter abolished the trade of Bombay and Madras. the company. 2) It extended the trade monopoly of the 2) It asserted the sovereignty of the British Crown Company in India for another period of 20 over the Company’s territories in India. ( years. Constitutional position of British territories in 3) It provided that the Commander-in-Chief India explicitly defined for first time) (UPSC PRE was not to be a member of the 2019) Governor-General’s council, unless he 3) It allowed the Christian missionaries to come to was so appointed. India for the purpose of enlightening the people. 4) It laid down that the members of the 4) It provided for the spread of western education Board of Control and their staff were, among the inhabitants of the British territories in henceforth, to be paid out of the Indian India. (1 Lakh rupee for education in native revenues. India)UPSC PRE 2018 5) It authorized the Local Governments in India to impose taxes on persons. They could also punish the persons for not paying taxes. Charter Act, 1833 Charter Act, 1853 1) Final step towards Centralization. 1) Separated the legislative and executive functions 2) Governor General of Bengal became the of the Governor General’s council. (Separation of Governor General of India (Lord powers) William Bentinck was the first 2) Provided for addition of six new members called governor-general of India). The legislative councilors to the council known as the Governor General was vested with all Indian (Central) Legislative Council. civil and military powers. 3) It introduced, for the first time, local 3) It deprived the Governor’s of Bombay representation in the Indian (Central) Legislative and Madras of their legislative powers. Council. 4) The laws made under the previous acts 4) Introduced an open competition for civil services. were known as Regulations, while the The covenant civil service was thus thrown open to laws made under this act were known as the Indians also. Acts. It ended the activities of the EIC as 5) Governor General could veto bill a commercial body, making it a purely administrative body. 5) Introduced law member (Macaulay) in Governor General’s Council. Click Here To Join Telegram- BPSC Exams Special 6|Page  6) Provision for open competition negated by this act 7) Restrictions on immigrartion of Europeans and acquire property were lifted 8) Indians law codified and consolidated 9) No Indian denied employment under company on the basis of religion, color 10) Abolished Slavery Government of India Act, 1858 1) Also known as the Act for the Good Government of India. 2) Rule of company was replaced by the Rule of crown. 3) Changed the designation of the Governor-General of India to that of Viceroy of India. Viceroy became the agent of the crown. 4) This act abolished the dual government of the Pitt’s India Act. 5) This act also ended the doctrine of lapse. 6) The Secretary of State was a member of the British cabinet and was ultimately responsible to the British Parliament. Established a 15-member Council of India to assist the Secretary of State for India. 7) Secretary of state can be sued in India and in England Indian Councils Act, 1861 Indian Councils Act, 1892 1) Initiated the process of decentralization 1) Though the majority of official members were by restoring legislative powers to retained, the non-official members of the Indian Bombay and Madras. (These powers Legislative Council were henceforth to be were taken away through Charter Act nominated by the Bengal Chamber of Commerce 1833). and the Provincial Legislative Councils, while The 2) Introduced representative institutions in non-offi cial members of the Provincial Council India by associating Indians with the were to be nominated by certain local bodies -such law-making process. as universities, district boards and municipalities. 3) Viceroy nominated some Indians as Beginning of representative system in India. non-official members of his expanded (indirect Elections) council. Three Indians nominated were 2) Council to have the power to discuss budget and —the Raja of Banaras, the Maharaja of of addressing questions to the Executive. Patiala, and Sir Dinkar Rao. Click Here To Join Telegram- BPSC Exams Special 7|Page  4) It empowered the Viceroy to issue ordinances during Emergency. 5) Empowered the Viceroy to frame the Rules of Business (the same power is given to the President of India under Art 77). 6) New legislative councils for Bengal, NWFP, Punjab 7) Statutory recognition to portfolio system( introduced by Lord Canning) UPSC PRE Indian Councils Act, 1909(Morley-Minto Government of India Act, 1919 Reforms) (Montague-Chelmsford Reforms) 1) Introduced for the first time, an element of 1) Responsible Government elections to the Legislative Councils; At the 2) Office of the High Commissioner of India was Provincial Legislative Councils, non-official created in London members to be in majority; 3) Indian Legislature became “bicameral” for the 2) Introduction of separate electorates (for first time ( Center) Muslims). 4) Communal representation extended to 3) Representation in excess of population Sikhs,christain,Anglo-Indian,Muslims accorded to Muslims 5) Secretary of State for India now to be paid from 4) Income qualification Low for Muslim Voters British revenue 5) It provided for the first time, association of 6) Diarchy in provinces Indians with the Executive Councils of the Transferred subjects-(Governor with ministers Viceroy and Governors. (Satyendra Prasad Responsible) Sinha became the first Indian to join the Reserved subjects- Governor with Executives Viceroy’s Executive Council. He was 7) Devolution of Legislative Authority by center to appointed as the law member). provinces- separating Central and provincial Subjects (UPSC PRE 2012) Government of India Act, 1935 Indian Independence Act, 1947 1) Provided for the establishment of an 20 feb, 1947 Atlee declared British rule end by 30 All-India Federation consisting of June,1948; (3 june 1947 Mountbatten Plan accepted) provinces and princely states as units. 1) Declared India as an independent and sovereign (Note: Princely States did not join and so state from August 15, 1947. Federation didn’t come into existence) 2) Provided for creation of two independent 2) Residuary powers were given to the dominions of India and Pakistan with the right to Viceroy(Governor General) UPSC 2018 secede from the British Commonwealth. 3) Abolished dyarchy in the provinces and (Governor General of each were to be appointed by introduced ‘provincial autonomy’ in its King, the on advice of the Dominion Cabinet) place. (UPSC PRE 2000) 3) Empowered the Constituent Assemblies of the 4) Introduced responsible government in two dominions to frame and adopt any provinces. constitution and to repeal any act of the British 5) Introduced Bicameralism in six out of Parliament, including the Independence act itself. eleven provinces. 4) Abolished the office of the secretary of state for India and transferred his functions to the secretary Click Here To Join Telegram- BPSC Exams Special 8|Page 6) Extended the principle of communal of state for Commonwealth Affairs. It assigned dual representation by providing separate functions (i.e. constituent and legislative) to the electorates for depressed classes Constituent Assembly formed in 1946. (scheduled castes), women and labor It declared this dominion legislature as a sovereign body. (workers). (1909 – Only for Muslims, Granted freedom to the Indian princely states either to 1919 – extended for Sikhs, Indian join the Dominion of India or Dominion of Pakistan or Christians, Anglo-Indians and to remain independent. 7) Europeans.) Abolished the Council of India, established by the Government of India Act of 1858. 8) The Secretary of State for India was provided with a team of advisors. 9) Established the Reserve Bank of India to control the currency and credit of the country. 10) Established the Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission for two or more provinces. 11) Federal Court, which was set up in 1937. MAKING OF CONSTITUTION 1934- idea of a Constituent Assembly for India was put forward for the first time by M.N. Roy, a pioneer of communist movement in India. 1935- the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India 1938- Nehru declared constitution must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise 1940- August Offer; demand for constitution accepted 1942- Sir Stafford Cripps, a Member of the Cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to be adopted after the World War II ( Proposal rejected by Muslim league) 1946-Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan The Constituent Assembly was to be a partly elected and partly nominated body. Moreover, the members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise.( UPSC PRE 2013) Assembly comprised representatives of all sections of the Indian society– Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs including women of all these sections Click Here To Join Telegram- BPSC Exams Special 9|Page  9 dec,1946 – 1st meeting of assembly; Muslim League boycotted the meeting; Schindra Sinha made temporary president(French practice) 11 Dec, 1946- Rajendra Prasad was elected as the President of the Assembly. Similarly, both H.C. Mukherjee and V.T. Krishnamachari were elected as the Vice-Presidents of the Assembly 13 Dec, 1946- Jawaharlal Nehru moved the historic ‘Objectives Resolution’ (philosophy of constitution structure) in the Assembly 22 Jan,1947- Resolution adopted 3 June, 1947- Mountbatten Plan Indian Independence Act of 1947-Assembly was made a fully sovereign body; Assembly also became a legislative body; the Assembly became the first Parliament of free India (Dominion Legislature) Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad and when it met as the legislative body, it was chaired by G.V. Mavlankar. These two functions continued till November 26, 1949 Constituent Assembly also performed the following functions: 1. It ratified India's membership of the Commonwealth in May 1949. 2. It adopted the national flag on July 22, 1947. 3. It adopted the national anthem on January 24, 1950. 4. It adopted the national song on January 24, 1950. 5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950 The Constitution as adopted on November 26, 1949, contained a Preamble, 22 PARTS, 395 Articles and 8 Schedules. The Preamble was enacted after the entire Constitution was already enacted Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949, itself MAJOR COMMITTEES Drafting committee- BR ambedkar Steering Committee- Rajendra Prasad Union Powers Committee - Jawaharlal Nehru Union Constitution Committee -Jawaharlal Nehru Provincial Constitution Committee -Sardar Patel Drafting Committee Drafting Committee set up on August 29, 1947 It consisted of seven members. They were: 1. Dr. B.R. Ambedkar (Chairman) 2. N. Gopalaswamy Ayyangar 3. Alladi Krishnaswamy Ayyar 4. Dr. K.M. Munshi 5. Syed Mohammad Saadullah 6. N. Madhava Rau (He replaced B.L. Mitter who resigned due to ill-health) 7. T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948) Click Here To Join Telegram- BPSC Exams Special 10 | P a g e  SALIENT FEATURES OF CONSTITUTION 1. Lengthiest Written Constitution Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules 2. Drawn From Various Sources The Constitution of India has borrowed most of its provisions from the Constitutions of various other countries as well as from the Government of India Act of 1935 3. Blend of Rigidity and Flexibility A rigid Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution. A flexible constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution. The Constitution of India is neither rigid nor flexible, but a synthesis of both. 4. Federal System with Unitary Bias (Art.1 Defines Union of States and not Federation of States)-usual features of a federation, viz., two governments, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism. unitary or non-federal features, viz., a strong Center, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Center, all-India services, emergency provisions. 5. Parliamentary Form of The parliamentary system is also known as the ‘Westminster’ Government Model of Government, responsible Government and Cabinet (EXECUTIVES REMAIN Government. Even though the Indian parliamentary system is largely RESPONSIBLE TO based on the British pattern, there are some fundamental differences LEGISLATURE) between the two. For example, the Indian Parliament is not a UPSC PRE 2017 sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy). 6. Synthesis of Parliamentary doctrine of sovereignty of Parliament is associated with the British Sovereignty and Judicial Supremacy Parliament, while the principle of judicial supremacy with that of the American Supreme Court 7. Integrated and Independent single system of courts enforces both the central laws as well as the Judiciary state laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary 8. Single Citizenship Though the Indian Constitution is federal and envisages a dual polity (Center and states), it provides for only a single citizenship, that is, the Indian citizenship. Sources of the Constitution at a Glance Sources Features Borrowed 1. Government of India Act of Federal Scheme, Office of governor, Judiciary, Public Service 1935 Commissions, Emergency provisions and administrative details. Click Here To Join Telegram- BPSC Exams Special 11 | P a g e  Distribution Of Powers Between Center And States In Indian Constitution 2. British Constitution Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism. 3. US Constitution Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges and post of vice president. 4. Irish Constitution Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president 5. Canadian Constitution Federation with a strong Center, vesting of residuary powers in the Center, appointment of state governors by the Center, and advisory jurisdiction of the Supreme Court. 6. Australian Constitution Concurrent List, freedom of trade, commerce and inter-course, and joint sitting of the two Houses of Parliament. 7. Weimar Constitution of Suspension of Fundamental Rights during Emergency. Germany 8. Soviet Constitution (USSR, Fundamental duties and the ideal of justice (social, economic and political) now Russia) in the Preamble. Republic and the ideals of liberty, equality and fraternity in the Preamble. 9. French Constitution 10. South African Constitution Procedure for amendment of the Constitution and election of members of Rajya Sabha. 11. Japanese Constitution Procedure established by Law. PREAMBLE OF CONSTITUTION American Constitution was the first to begin with a Preamble Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly Preamble reflects mind of constitution makers (UPSC PRE 2017) It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words–Socialist, Secular and Integrity KEY WORDS IN THE PREAMBLE 1. Sovereign ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state- free to conduct its own affairs (both internal and external) 2. Socialist Congress party itself adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadi session Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’) Click Here To Join Telegram- BPSC Exams Special 12 | P a g e  Democratic socialism- holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards the Gandhian socialism( stateless society)- UPSC PRE 2020 3. Secular added by the 42nd Constitutional Amendment Act of 1976 positive concept of secularism i.e, all religions in our country (irrespective of their strength) have the same status and support from the state 4. Democratic doctrine of popular sovereignty, that is, possession of supreme power by the people ( it calls into activity the intelligence and character of ordinary man and women) UPSC 2017 Direct democracy, the people exercise their supreme power directly as is the case in Switzerland- four devices of direct democracy, namely, Referendum, Initiative, Recall and Plebiscite Referendum is a procedure whereby a proposed legislation is referred to the electorate for settlement by their direct votes. Initiative is a method by means of which the people can propose a bill to the legislature for enactment. Recall is a method by which the voters can remove a representative or an officer before the expiry of his term, when he fails to discharge his duties properly. Plebiscite is a method of obtaining the opinion of people on any issue of public importance. It is generally used to solve territorial disputes. Indirect democracy, on the other hand, the representatives elected by the people exercise the supreme power and thus carry on the government and make the laws FOR EG. INDIA 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 5. Republic the head of the state is always elected directly or indirectly for a fixed period, e.g., USA India has an elected head called the president. He is elected indirectly for a fixed period of five years A republic also means two more things: vesting of political sovereignty in the people and not in king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination 6. Justice The ideal of justice–social, economic and political–has been taken from the Russian Revolution (1917). Click Here To Join Telegram- BPSC Exams Special 13 | P a g e 7. Liberty ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities (UPSC 2019) The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship(UPSC PRE 2017) 8. Equality absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination 9. Fraternity Sense of brotherhood- to assure two things– the dignity of the individual and the unity and integrity of the nation word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976) PREAMBLE AS PART OF THE CONSTITUTION Berubari Union case Supreme Court specifically opined that Preamble is not a part of the (1960) Constitution Kesavananda Bharati held that Preamble is a part of the Constitution case (1973) LIC of India case (1995) the Supreme Court again held that the Preamble is an integral part of the Constitution STATUS OF Like any other part of the Constitution, the Preamble was also enacted PREAMBLE by the Constituent Assembly; but, after the rest of the Constitution was already enacted(INDEPENDENT) The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature It is non-justiciable, that is, its provisions are not enforceable in courts of law. ( UPSC PRE 2020) AMENABILITY OF THE PREAMBLE Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’- the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368 Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words–Socialist, Secular and Integrity–to the Preamble. UNION AND ITS TERRITORY UNION OF STATES Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’ First schedule of Constitution lists the names of states and their territories phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation.(INDIAN FEDERALISM- UPSC PRE 2017) Click Here To Join Telegram- BPSC Exams Special 14 | P a g e  According to Article 1, the territory of India can be classified into three categories: 1. Territories of the states 2. Union territories 3. Territories that may be acquired by the Government of India at any time. Names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution. Article 1 Describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. This provision deals with two things: one, name of the country; and two, type of polity. Article 2 Grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states. The first refers to the admission of states which are already in existence, while the second refers to the establishment of states which were not in existence before. Article 3 Parliament to: (a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state; (b) increase the area of any state; (c) diminish the area of any state; (d) alter the boundaries of any state; and (e) alter the name of any state above changes can be introduced in the Parliament only with the prior recommendation of the President President has to refer the same to the state legislature concerned for expressing its views within a specified period power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory President (or Parliament) is not bound by the views of the state legislature Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent India is rightly described as ‘an indestructible union of destructible states’ Article 4 Declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368 such laws can be passed by a simple majority and by the ordinary legislative process Click Here To Join Telegram- BPSC Exams Special 15 | P a g e  VARIOUS COMMISSIONS IN EVOLUTION OF STATES AND UT’S Dhar Commission For reorganization of states on linguistic basis. Accordingly, in June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar to examine the feasibility. the commission submitted its report in December, 1948, and recommended the reorganization of states on the basis of administrative convenience rather than linguistic factor. JVP Committee It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee. Constituted in December 1948; submitted its report in April, 1949, and formally rejected language as the basis for reorganization of states However, in October, 1953, the Government of India was forced to create the first linguistic state, known as Andhra state, by separating the Telugu speaking areas from the Madras state. Fazl Ali Commission December, 1953 a three member States Reorganization Commission under the chairmanship of Fazl Ali. Its other two members were K.M. Panikkar and H.N. Kunzru submitted its report in September 1955 and broadly accepted language as the basis of reorganization of states it rejected the theory of ‘one language-one state’ commission suggested the abolition of the four-fold classification of states and territories States Reorganization Act (1956)- New States and Union Territories Created After 1956 1956 Kerala= Travancore + Cochin + South Canara Andhra Pradesh= Andhra + Hyderabad Madhya Pradesh= Madhya Bharat + Vindhya + Bhopal New UT= Laccadive; Minicoy; Amindivi Islands from the territory detached from the Madras state 1960 Maharashtra and Gujarat Bifurcated 1961 Dadra and Nagar Haveli (10th const. Amd.) 1962 Goa, daman,Diu (12th Const. Amd.) French handover Puducherry (14th Const. Amd.) 1963 Nagaland Click Here To Join Telegram- BPSC Exams Special 16 | P a g e  1966 Haryana 1971 Himachal Pradesh 1974 Sikkim (36th Amd. Sikkim full fledged State) 1987 Mizoram, Arunachal Pradesh, Goa 2000 Chattisgarh, Uttarakhand, Jharkhand 2014 Telangana 2019 2 union territories J&K ; Ladakh Jammu and Kashmir Reorganization Act, 2019, bifurcated the erstwhile State of Jammu and Kashmir into two separate union territories, namely, the union territory of Jammu & Kashmir and the union territory of Ladakh CITIZENSHIP RIGHTS ONLY TO CITIZENS RIGHTS TO ALIENS They enjoy all civil and political rights Aliens are the citizens of some other state and 1. Right against discrimination on hence, do not enjoy all the civil and political grounds of religion, race, caste, sex or rights place of birth (Article 15). All other rights except Article- 15,16,19,29,30 2. Right to equality of opportunity in are enjoyed by Aliens the matter of public employment However Enemy aliens do not enjoy (Article 16). protection against arrest and detention 3. Right to freedom of speech and (Article 22). expression, assembly, association, movement, residence and profession (Article 19). *Note : 4. Cultural and educational rights (Articles 29 and 30). In India both a citizen by birth as 5. Right to vote in elections to the Lok well as a naturalized citizen are Sabha and state legislative assembly. eligible for the office of President 6. Right to contest for the membership while in USA, only a citizen by birth of the Parliament and the state and not a naturalized citizen is legislature. eligible for the office of President 7. Eligibility to hold certain public offices, that is, President of India, EX: British citizens staying in India cannot claim Vice-President of India, judges of the right to FREEDOM OF TRADE AND Supreme Court and the high courts, PROFESSION Governor of states, Attorney General of (UPSC PRE 1999) India and Advocate General of states. Click Here To Join Telegram- BPSC Exams Special 17 | P a g e CONSTITUTIONAL PROVISIONS: (citizenship from Articles 5 to 11 under Part II) It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950) neither any permanent nor any elaborate provisions It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement empowers the Parliament to enact a law on matter relating to citizenship Following four categories of persons became the citizens of India at its commencement i.e., on January 26, 1950 ARTICLE 5 Person who had his domicile in India and also fulfilled any one of the three conditions, viz., 1) if he was born in India; 2) or if either of his parents was born in India; 3) or if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution, became a citizen of India. ARTICLE 6 A person who migrated to India from Pakistan; if he or either of his parents or any of his grandparents was born in undivided India And also fulfill any of 2 conditions 1) he migrated to India before July 19, 1948 , he had been ordinarily resident in India since the date of his migration 2) he migrated to India before July 19, 19481 , he had been ordinarily resident in India since the date of his migration (residence for 6 months before registration) ARTICLE 7 A person who migrated to Pakistan from India after March 1, 1947 returned to India for resettlement- he had to be resident in India for six months preceding the date of his application ARTICLE 8 provision covers the overseas Indians who may want to acquire Indian citizenship (persons of Indian origin residing outside India) CITIZENSHIP ACT, 1955 Acquisition of Citizenship Loss of Citizenship 1. By Birth 1. By Renunciation A person born in India on or after Any citizen of India of full age and capacity January 26, 1950 but before July 1, can make a declaration renouncing his Indian 1987 is a citizen of India by birth citizenship born in India on or after July 1, If such a declaration is made during a war in 1987 : citizen only if either of his which India is engaged, its registration shall parents is a citizen of India at the be withheld by the Central Government time of his birth when a person renounces his Indian born in India on or after December citizenship, every minor child of that person 3, 2004 are considered citizens of also loses Indian citizenship. However, when Click Here To Join Telegram- BPSC Exams Special 18 | P a g e  India only if both of their parents such a child attains the age of eighteen, he are citizens of India may resume Indian citizenship *NOTE- children of foreign diplomats posted in India and enemy aliens cannot acquire 2. By Termination Indian citizenship by birth When an Indian citizen voluntarily 2. By Descent (consciously, knowingly and without duress, person born outside India on or after undue influence or compulsion) acquires January 26, 1950 but before December the citizenship of another country, his Indian 10, 1992 is a citizen of India by citizenship automatically terminates descent, if his father was a citizen of does not apply during a war in which India is India at the time of his birth engaged. December 3, 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is 3. By Deprivation registered It is a compulsory termination of Indian citizenship by the Central government, if: (a) the citizen has 3. By Registration obtained the citizenship by fraud: (b) the citizen has shown disloyalty to the on an application, register as a citizen of India Constitution of India: any person (not being an illegal migrant) if he (c) the citizen has unlawfully traded or belongs- communicated with the enemy during a war; ordinarily resident in India for seven (d) the citizen has, within five years after years registration or naturalization, been imprisoned in person who is married to a citizen of any country for two years; and India and is ordinarily resident in India (e) the citizen has been ordinarily resident out of for seven years India for seven years continuously. registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for OVERSEAS CITIZENSHIP OF twelve months before making an INDIA application for registration In September 2000, the Government of India (Ministry of External 4. By Naturalization Affairs) had set-up a High Level on an application, grant a certificate of Committee on the Indian Diaspora naturalization to any person (not being an under the Chairmanship of L.M. illegal migrant) if he- Singhvi not a subject or citizen of any It recommended the amendment of country where citizens of India are the Citizenship Act (1955) to prevented from becoming subjects provide for grant of dual or citizens citizenship to the Persons of he undertakes to renounce the Indian Origin (PIOs) belonging to citizenship of Origin country in the certain specified countries event of his application for Indian Citizenship (Amendment) Act, 2005, citizenship being accepted expanded the scope of grant of OCI resided in India or been in the for PIOs of all countries except service of a Government in India Pakistan and Bangladesh as long Click Here To Join Telegram- BPSC Exams Special 19 | P a g e  he is of good character as their home countries all dual adequate knowledge of a language citizenship under their local laws specified in the Eighth Schedule (OCI is not actually a dual citizenships as the Indian Constitution forbids dual citizenship 5. By Incorporation of Territory or dual nationality (Article 9) For example, when Pondicherry became The OCI card scheme was a part of India introduced on December 2, 2005. The Citizenship (Amendment) Act, 6. Special Provisions as to Citizenship of 2015, replaced the nomenclature of Persons Covered by the Assam “Overseas Citizen of India” with that Accord of “Overseas Citizen of India (which related to the foreigners’ Cardholder”(OCIC) issue): All persons of Indian origin who came to Assam before the January 1, 1966 from Bangladesh -Who have been ordinarily residents in Assam since the date of their entry into Assam shall be deemed to be citizens who came to Assam on or after January 1, 1966 but before March 25, 1971 from Bangladesh and who has been ordinarily resident in Assam since the date of his entry into Assam and who has been detected to be a foreigner shall register himself. COMPARING NRI, PIO AND OCI CARDHOLDER NonResident Indian (NRI) Person of Indian Origin(PIO) Overseas citizens of India(OCI)Cardholder An Indian citizen who is A person who or whose any of A Person registered as Overseas ordinarily residing outside ancestors was an Indian Citizen of India (OCI) Cardholder India and holds an Indian national and who is presently under the Citizenship Act, 1955 Passport holding another country’s citizenship / nationality i.e. he/she is holding foreign passport All benefits as available to No specific benefits 1)Multiple lifelong visa for visiting Indian citizens subject to India for any purpose notifications issued by the Activity as per the type of visa (require a special permission to Government from time to time obtained undertake research work in India) NO VISA REQUIRED Click Here To Join Telegram- BPSC Exams Special 20 | P a g e  2) Exemption from registration with ALL ACTIVITIES As per the Citizenship Act, Foreigners Regional Registration 1955, he/she has to be Officer (FRRO) He/she is an Indian citizen ordinarily resident in India 3) Parity with NonResident Indians for a period of 7 years before (NRIs) in respect of all facilities making an application for available to them in economic, registration financial, and educational fields except in matters relating to the acquisition of agricultural or plantation properties 4) treated at par with NonResident Indians in the matter of intercountry adoption of Indian children 5) treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India FUNDAMENTAL RIGHTS (PART III; ART. 12-35) Fundamental Rights are enshrined in Part III (described as the Magna Carta of India) of the Constitution from Articles 12 to 35 ; derived inspiration from the Constitution of USA (i.e., Bill of Rights) Fundamental Rights are meant for promoting the ideal of political democracy protect the liberties and freedoms of the people against the invasion by the State(operate as limitations on the tyranny of the executive and arbitrary laws of the legislature) (UPSC 2017- FR CLAIMS OF CITIZENS AGAINST STATE) FEATURES OF FUNDAMENTAL RIGHTS Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies They are not absolute but qualified. The state can impose reasonable restrictions on them All of them are available against the arbitrary action of the state. Some of them are also against the actions of private individuals. Some of them are negative in character, that is, place limitations on the authority of the State They are justiciable They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression Their application can be restricted while martial law is in force in any area DEFINITION OF STATE Article 12 has defined the term for the purposes of Part III State includes- executive and legislative organs of the Union (even a private body or an government; executive and legislative organs of state agency working as an Click Here To Join Telegram- BPSC Exams Special 21 | P a g e instrument of the State falls government; All local authorities, that is, municipalities, within the meaning of the panchayats, district boards, improvement trusts; All other ‘State’ under Article 12) authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc Article 13 declares that all laws that are inconsistent with or in LAWS INCONSISTENT derogation of any of the fundamental rights shall be void WITH FUNDAMENTAL (provides for the doctrine of judicial review) RIGHTS Term ‘law’ in Article 13 : Permanent laws enacted by center and state; temporary ordinance by president; Statutory instruments of delegated legislation (executive legislation) like order; The Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void. 1. RIGHT TO EQUALITY (ART.14-18) ARTICLE 14 : State shall not deny to any person equality before the law or the equal Equality before Law protection of the laws and Equal Protection concept of ‘equality before law’ is of British origin :(Negative of Laws Concept) It is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution British constitution is result of rights of individuals defined by courts and not a source of rights ; In the Indian System, the constitution is the source of the individual rights (a) the absence of any special privileges in favor of any person, (UPSC2017) (b) the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and (c) no person is above the law concept of ‘equal protection of laws’ has been taken from the American Constitution: (Positive Concept) (a) the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws, (b) the similar application of the same laws to all persons (c) the like should be treated alike without any discrimination Exceptions to Equality The rule of equality before law is not absolute : president, member of parliament, member of state legislatures, foreign diplomats who enjoy immunities, protections, and special privileges. Click Here To Join Telegram- BPSC Exams Special 22 | P a g e ARTICLE 15 State shall not discriminate against any citizen on grounds only of :Prohibition of religion, race, caste, sex or place of birth. Discrimination on word ‘only’ connotes that discrimination on other grounds is not Certain Grounds prohibited No citizens shall be prohibited from using general public use properties maintained partly of fully by state fund- This provision prohibits discrimination both by the State and private individuals EXCEPTIONS : state is permitted to make any special provision for women and children; socially and EDUCATIONALLY backward citizens in education institutes; economically weaker sections; SC,ST ARTICLE 16 provides for equality of opportunity for all citizens in matters of :Equality of employment or appointment to any office under the State Opportunity in Public No discrimination for employment under state on grounds of only Employment religion, race, caste, sex, descent, place of birth or residence EXCEPTIONS: 1) Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority 2) reservation of appointments or posts in favor of any backward class that is not adequately represented 3) 103rd Amendment Act of 2019 - In order to give effect to this provision, the central government issued an order (in 2019) providing 10% reservation to the Economically Weaker Sections (EWSs) in civil posts and services in the Government of India Article 17 abolishes ‘untouchability’ and forbids its practice in any ARTICLE 17: form Abolition of The term ‘untouchability’ has not been defined either in the Untouchability Constitution or in the Act Supreme Court held that the right under Article 17 is available against (UPSC 2020) private individuals ARTICLE 18: It prohibits the state from conferring any title (except a military or Abolition of Titles academic distinction) on any body, whether a citizen or a foreigner. It prohibits a citizen of India from accepting any title from any foreign state. A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president. No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument or office from or under any foreign State without the consent of the president. Click Here To Join Telegram- BPSC Exams Special 23 | P a g e  Supreme Court upheld the constitutional validity of the National Awards–Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri 2. RIGHT TO FREEDOM (ART 19–22) ARTICLE19 : (i) Right to freedom of speech and expression. guarantees to all citizens (ii) Right to assemble peaceably and without arms. the six rights (iii) Right to form associations or unions or co-operative societies. (iv) Right to move freely throughout the territory of India. (v) Right to reside and settle in any part of the territory of India. (vi) Right to practice any profession *NOTE- right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978. (State can impose ‘reasonable’ restrictions) EX: Sec 144 can restrain an assembly, meeting if there is a risk of obstruction, annoyance or danger to human life, health or safety ARTICLE 20: grants protection against arbitrary and excessive punishment to an Protection in Respect of accused person, whether citizen or foreigner or legal person Conviction for Offenses It contains three provisions : (30) No ex-post-facto law: No person shall be (i) convicted of any offense except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act. Limitation is imposed only on criminal laws and not on civil laws or tax laws (b) No double jeopardy: No person shall be prosecuted and punished for the same offense more than once. Protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal NOT for administrative courts © No self-incrimination: No person accused of any offense shall be compelled to be a witness against himself. Protection against self-incrimination extends to both oral evidence and documentary evidence-However, it does not extend to (i) compulsory production of material objects, (ii) compulsion to give thumb impression, specimen signature, blood specimens, and (iii) compulsory exhibition of the body Click Here To Join Telegram- BPSC Exams Special 24 | P a g e  it extends only to criminal proceedings and not to civil proceedings ARTICLE 21: No person shall be deprived of his life or personal liberty except Protection of Life and according to procedure established by law Personal Liberty Gopalan case(1950), the Supreme Court has taken a narrow interpretation of Article 21. It held that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action Menaka case(1978), taking a wider interpretation of Article 21. It ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just it has introduced the American expression ‘due process of law’ Right to life also includes right to live with human dignity not mere survival UPSC 2019: ART. 21 safeguards Right to Marry UPSC 2018: Right to Privacy is part of Right to life and personal Liberty is imply in Art.21 ARTICLE 21 A :Right It asks the state to provide free and compulsory education to all to Education children between the ages of 6 to 14 years. Also included in DPSP ART.45 and Fundamental Duty ART. 51A (added by the 86th Constitutional Amendment Act of 2002) ARTICLE 22 Article 22 grants protection to persons under both kinds of :Protection Against detention namely punitive and preventive. Arrest and Detention Punitive detention is to punish a person for an offense committed by him after trial and conviction in a court. Preventive detention, on the other hand, means detention of a person without trial and conviction by a court. If a person is arrested after committing a crime, it is called punitive detention. (Parliament and states Art. 22 provides following protection against such detention. Right concurrently make laws to be informed of the ground of arrest. on preventive detention.) Right to consult and be defended by a lawyer. Right to be produced before a magistrate within 24 hours of his arrest (excluding the time of journey). Right not to be detained for more than 24 hours without the authority of a magistrate These are not available to Enemy Alien or under preventive Detention. Safeguards against preventive detention: Click Here To Join Telegram- BPSC Exams Special 25 | P a g e  1. If the detention is for more than 3 months the matter must be referred to an advisory board in which there shall be a High Court judge. 2. The detention may be continued only where the advisory board considers that there are sufficient grounds for further detention. 3. Grounds of detention must be communicated to the detenu. 4. The detenu must be given an opportunity to make a representation against the order of detention. 3. RIGHT AGAINST EXPLOITATION : (ART. 23 & 24) (UPSC PRE 2017) Article 23: Prohibition This right is available to both citizens and non-citizens. of Traffic in human It protects the individual not only against the State but also against beings and forced labor private persons Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for public purposes, as for example, military service or social service Article 24 : Prohibition prohibits the employment of children below the age of 14 years in of Employment of any factory, mine or other hazardous activities Children in Factories it does not prohibit their employment in any harmless or innocent work 4. RIGHT TO FREEDOM OF RELIGION (ART. 25-28) ARTICLE 25 : Freedom It says that all persons are equally entitled to freedom of conscience and the of Conscience and Free right to freely profess, practice and propagate religion. The implications of Profession, Practice and these are: Freedom of conscience ; Right to profess; Right to practice ; Right Propagation of Religion to propagate (Right of Individual) It does not include a right to convert another person to one’s own religion ARTICLE 26 :Freedom (a) Right to establish and maintain institutions for religious and charitable to Manage Religious purposes; (b) Right to manage its own affairs in matters of religion; (c) Right Affairs to own and acquire movable and immovable property; and (d) Right to administer such property in accordance with law (Right of group) ARTICLE 27 :Freedom no person shall be compelled to pay any taxes for the promotion or from Taxation for maintenance of any particular religion or religious denomination Promotion of a Religion State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion No tax but Fee can be levied Click Here To Join Telegram- BPSC Exams Special 26 | P a g e ARTICLE 28 :Freedom No religious instruction shall be provided in any educational institution from Attending wholly maintained out of State funds. However, this provision shall not apply Religious Instruction to an educational institution administered by the State but established under any endowment or trust, requiring imparting of religious instruction in such institution 5. CULTURAL AND EDUCATIONAL RIGHTS (ART. 29-30) ARTICLE 29 provides that any section of the citizens residing in any part of India having :Protection of Interests a distinct language, script or culture of its own, shall have the right to of Minorities conserve the same (Right to every citizen-includes Minority as well as Majority) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language ARTICLE 30 :Right of All minorities shall have the right to establish and administer educational Minorities to Establish institutions of their choice (Right only to minority) and Administer Educational Institutions Compensation amount fixed by State for compulsory acquisition of property of a minority educational institution( 44th Amd.) Term Minority is not Defined in the Constitution. 6. Right to Property and Saving of Certain Laws: Article 31 Article 31: Abolition of right to property The Constitution (44th Amendment) Act, 1978 omitted Article 19(1)(f) (Right to acquire, held hold and dispose of property), and shifted the provision in Article 31 (no person shall be deprived of his property except by law) to another article viz. Article 300-A. The effect of this change is that the right to property is no more a fundamental right. Thus the Right to property, though still a constitutional right(LEGAL RIGHT), is not a fundamental right. If this right is infringed the aggrieved person cannot access the Supreme Court directly under Art. Exceptions To Fundamental Rights : Art. 31A : Agriculture Reform, Industry, Commerce ( State Can Acquire Personal Land) Art. 31B : Acts in 9th Schedule protected being challenged on FR (I.R. Coelho case 2007- Ruled out Blanket immunity) Art.31C : 1)Laws to implement DPSP 39(b) & (c) immune by FR ( Saving of Laws giving effect to certain DPSP) 2) No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy (Kesavananda Bharati Case- SC declared second provision unconstitutional and void) 7. RIGHT TO CONSTITUTIONAL REMEDIES (ART.32) ART.32 is Basic Feature of constitution Parliament can empower any other Court to issue directions, orders, writs Click Here To Join Telegram- BPSC Exams Special 27 | P a g e  The President can suspend the right to move any court for FR during National emergency(Art. 359) Art. 32 is used for only enforcement of Fundamental Rights Role of Supreme Court and High Courts regarding Constitutional Remedies are as follows: Supreme Court (Art. 32) High Court (Art. 226) SC can issue writ for FR under Art.32 and HC can issue writ for FR as well as Other Not other rights Rights Narrow Writ jurisdiction Wider Writ Jurisdiction SC can issue writ against body throughout Writ against body only confined to that country ( Territorial Writ Jurisdiction is state territory ( Territorial Writ Wider) Jurisdiction is Narrow) Art. 32 is itself FR hence SC can not Art. 226 is discretionary for HC; hence refuse to exercise writ jurisdiction they May refuse WRITS–TYPES AND SCOPE Habeas Corpus Mandamus Prohibition Certiorari Quo-Warranto Meaning literally means literally it means ‘to it means ‘to be it means ‘by what ‘to have the means ‘we forbid’ certified’ or authority or body of’ command’ ‘to be warrant’ issued by a informed’ order issued by command higher court issued by the court the court to a issued by the to a lower issued by a to enquire into the person who has court to a court or higher court to legality of claim of detained another public official tribunal to a lower court or a person to a person, to asking him to prevent the tribunal either public office produce the perform his latter from to transfer a body of the official duties exceeding its case pending latter before it that he has jurisdiction failed or certiorari is refused to prohibition both preventive perform directs as well as inactivity curative (preventive) Can be against both any public issued only Judicial; Quasi- only in case of a issued public body, a against judicial; substantive public Against authorities as corporation, judicial and Administrative office of a well as private an inferior quasi-judicial bodies* permanent individuals court, a authorities character created tribunal or by a statute or by government the Constitution Click Here To Join Telegram- BPSC Exams Special 28 | P a g e Can NOT Lawful Private Body; administrative legislative It cannot be issued be issued Detention; President ; authorities, bodies and in cases of Against CJI legislative private ministerial office Contempt of bodies, and individuals or or private office. Court private bodies. individuals ARMED FORCES AND FUNDAMENTAL RIGHTS Article 33 The Parliament can restrict or abrogate, by law, FR’s in the application to: The members of Armed forces, Paramilitary Forces, police forces, intelligence agencies. The forces charged with the maintenance of public order. A parliamentary law enacted under Article 33 can also exclude the Court Martials (tribunals established under the Military law) from the writ jurisdiction of the SC and HC, so far as the enforcement of the Fundamental Rights are concerned. Article 34 While Martial Law is in force in any area, the FRs can be restricted. The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus. Article 35 Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures. Legal Rights (RIGHTS OUTSIDE PART III Art. 265 ; Part XII No tax shall be levied or collected except by authority of law Art.300A ; part XII No person shall be deprived of his property save by authority of law Art.301; Part XIII Trade, commerce and intercourse throughout the territory of India shall be free Art. 326; Part XV Adult Suffrage(Right to Vote) (UPSC 2017) DIRECTIVE PRINCIPLE OF STATE POLICY (Part IV ;Art. 36-51) It is enumerated in Part IV of the Constitution from Articles 36 to 51. This idea is borrowed from the Irish Constitution of 1937, which had copied it from the Spanish Constitution Click Here To Join Telegram- BPSC Exams Special 29 | P a g e  The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. (UPSC PRE 2013- DPSP Fundamentals for Governance) (UPSC 2020- DPSP is to influence making of laws) The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. They embody the concept of a ‘welfare state’ and not that of a ‘police state’. (UPSC 2020) The Directive Principles are non-justiciable in nature. The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law. DPSP does not constitute limitations upon Legislative or executive Functions however it guidelines state (UPSC 2017) ART.36 : This defines the term state ART.37 : It shall be the duty of the state to include DPSP directives in their policies. SOCIALISTIC DPSP GANDHIAN DPSP LIBERAL DPSP Article 38: i) create a social Article 40 : Village Panchayats Article 44: Uniform Civil Code order for the promotion of welfare of the people. Article 45: Provision for free ii) state to minimize and compulsory education for inequalities in income, to Article 43: Cottage Industries children till the age of 14 years eliminate inequalities in status, (86th Amd.2002) facilities and opportunities (44TH Amd.) Article 48: Organization of Art.43 B : Co-Operative agriculture and animal husbandry Article 39 :a) Livelihood for All societies(97th Amd. 2011) b)Equitable Distribution of Article 48 A: Safeguard Forest, resources for common good Wildlife (42nd Amd.) c)Prevent Concentration of Wealth Article 46: SC,ST Promotion Article 49: PreserveMonuments, d) Equal pay to men and Historical interests women(UPSC 2006) e) Health of workers and Article 50: Separate judiciary children not abused Article 47: Prohibition of liquor from Executive(UPSC PRE f) Healthy Development of and intoxicating drugs (UPSC 2020) Children( 42nd Amd.) 2007) Article 51: Promote International Article 39 A :Equal justice, peace and security (UPSC PRE free legal Aid (42nd Amd) 2014) Article 48 : Prohibit Slaughter Article 41: provide right to of Cows and draught cattle work, to education and to public assistance (UPSC PRE 2012-Gandhian UPSC PRE 2013- Economic DPSP) Justice (Art. 39(b)(c)) also Article42 : Humane condition enshrined in DPSP of work and Maternity Relief (UPSC PRE 2020- Common Agreement between Gandhism and Marxism is final goal of stateless society : this can be Click Here To Join Telegram- BPSC Exams Special 30 | P a g e  inferred from Gandhian Article43: Social and cultural DPSP) OUTSIDE DPSP: opportunity of worker; Decent standard of Life SC,ST’s services(Art. 335; part XVI) Article43 A: Participation of (UPSC 2015- DPSP SPELLS workers in industry OUT SOCIO ECONOMIC Instruction in Mother management(42nd Amd.) DEMOCRACY IN Tongue(Art.350A, Part (UPSC 2017) COUNTRY) XVII) Article 47: Nutrition and Public Development of Hindi Health ( Art.351, Part XVII) CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES CHAMPAKAM CASE 1951 : (FR>>DPSP)(FR CAN BE AMENDED) GOLAKNATH CASE 1967 : FR CAN NOT AMENDED FOR DPSP 25TH CONST. AMD. INSERTED ART. 31C- 1)FOR IMPLEMENTATION OF DPSP 39( b)&(c) FR CAN BE AMENDED ; 2) CAN NOT BE CHALLENGED IN COURT KESAVANANDA BHARATI CASE – CANCELED 2ND PROVISION 42ND CONST. AMD. – (DPSP>>FR) MINERVA MILLS CASE 1980 : FR SUPERIOR TO DPSP HOWEVER(DPSP 39(b)&9c)>>FR(14,19)) FR ARE SUPREME OVER DPSP, PARLIAMENT CAN AMEND FR FOR DPSP FUNDAMENTAL DUTIES (PART IV-A ; ART.51A; 42 ND CONST. AMD. 1976) FD inspired by USSR constitution; Japanese Constitution also incorporate FD 1976, Swaran Singh committee recommended FD 1999,Verma Committee identified legal provisions of FD 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties; 11 th FD added by 86th amd. 2002 Fundamental Duties are confined to citizens only; they are Non-justiciable without legal sanction- no legislative process has been provided to enforce FD (UPSC 2017) 1) Respect National Flag and Anthem UPSC PRE 2011:To Vote in Public election is NOT FD UPSC PRE 2012 Click Here To Join Telegram- BPSC Exams Special 31 | P a g e  2) Follow Noble Ideals 3) Protect Unity And Integrity of the Nation 4) Defend Country 5) Promote Brotherhood 6) Preserve Rich Heritage 7) Improve/Protect Environment 8) Develop Scientific Temper, Humanism 9) Safeguard Public Property 10) Strive towards Excellence in All Sphere 11) Child Education( 86th Const. Amd. 2002) AMENDMENT OF THE CONSTITUTION Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure Indian Constitution is neither flexible nor rigid but a synthesis of both Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case(1973). The procedure for the amendment of the Constitution as laid down in Article 368 is as follows: Bill Can be initiated in either house of parliament (UPSC 2013) Bill Can be initiated either by Minister or Private member Not require Prior Permission of President Passed by Special Majority (More than 50% of Total Membership and 2/3 Present and voting) Federal provisions of Bill ratified by Half of states by Simple Majority(UPSC 2013) 24th Const. Amd. Made Obligatory for the President to give Assent (President Must give assent to Const. Amd. Bill) The Constitution can be amended in three ways: Simple Majority of Special Majority Of Special majority of the of the Parliament Parliament Parliament and the ratification of half of the state legislatures outside the scope of Article The provisions which can be related to the federal structure of 368 amended by this way