Medieval History
Medieval History
LAXMIKANT)
Chapter-1
Constitutional Framework
Historical Background
• East India Company’s Rule
1. Beginning- 1765(Diwani of Bengal, Bihar and Orissa) & Got Revenue & Civil
Justice rights.
2. End- 1857(Sepoy Mutiny), after which British Crown was ruling, not Company.
• Regulating Act 1773
1. Designated ‘Governor of Bengal' as the Governor-General of Bengal.
2. Created an Executive Council of four members to assist
3. Lord Warren Hastings.
4. Governors of Bombay and Madras were now subordinate to the governor-general of
Bengal
5. Strengthened the control of the British Government over the Company to report on its
revenue, civil, and military affairs in India.
6. Establishment of a Supreme Court at Calcutta (1774)
7. Banned Company officials from engaging in any private trade or accepting bribes from
'natives’.
Simon Commission
1. Set up under the GOI Act 1919 to look into the functioning of 1919 Act after a decade
but setup 2yrs earlier in Nov, 1927
2. 7-member commission:
o Headed by Sir John Simon
o No Indians
3. Submitted their report in 1930 with recommendations:
o Abolition of Dyarchy
o Responsible Self govt for the provinces
o Creation of a federation of British India and the Princely States (Unified form of
govt)
4. Round Table Conferences to consider the proposals of Simon Commission:
o Result- “White Paper on Constitutional Reforms”
o Considered by the Joint Selection Committee of the British Parliament
o Influenced by the GOI Act 1935
Communal Award
1. August 1932: British PM Ramsay Mac Donald suggested a method of improving
representation of the minorities and suggested
2. The separate electorates for depressed classes
3. Gandhi said this is not acceptable and you will destroy the unity of Hindu society through
such a scheme and he went on a fast unto death against this scheme
4. Poona Pact: Agreement between BR Ambedkar and Gandhi
o Agreement was that there would be Hindu joint electorate with reservation for
depressed classes.
First Cabinet
1. FIRST DEMAND:
1934: MN Roy (communist leader)
Nehru: 'The Constitution of free India must be framed, without outside interference, by a
Constituent Assembly elected on the basis of adult franchise'.
2. 1940: August Offer
British accepted demand for Constituent Assembly
3. Constituent Assembly created under the Cabinet Mission (November, 1946)
4. Partly elected, partly nominated
5. Elections indirect by provincial assemblies (themselves elected on a restricted franchise)
6. Proportional representation by means of a single transferable vote
7. Princely states to nominate their representatives
8. Strength:
Supposed to be 389 (296 British India, 93 Princely States)
Congress won 208
ML won 73, but boycotted the Assembly
Princely states initially didn’t nominate members (many joined 08 Later)
First meeting attended by only 211 members (299 members under IIA 1947)
9. Seats allotted in proportion to population: 1 per million on average
10. Communities: General, Muslim and Sikh (women from each of these sections were
represented in the Assembly)
11. Dr. Sachchidananda Sinha elected temp president (oldest member, French practice)
12. President: Dr. Rajendra Prasad
13. VP's: C Mukherjee, VT Krishnamachari
14. Constitutional Advisor Sir BN Rau
15. Chief Draftsperson :SN Mukherjee
COMMITTEES:
8 Major, many minor
Major: Drafting Committee; Union Powers; Union Constitution, Provincial Constitution,
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas;
Rules of Procedure; States Committee; Steering Committee
DRAFTING COMMITTEE:
Most important
Set up 29 August, 1947
Chair: Dr. BR Ambedkar (Father of the Constitution, Chief Architect of the Constitution
Modern Manu)
Members:
Alladi Krishnaswami Ayyar, Dr KM Munshi, Syed Mohammad Saadullah , N Madhav Rau,
TT Krishnamachari, N Gopalaswamy Ayyanagar
(BL Mitter and DP Khaitan were replaced due to ill health)
OTHER FUNCTIONS:
Ratified India's membership of the Commonwealth
Adopted the National flag, national anthem and national song
Elected Rajendra Prasad as the first President of ta
OBJECTIVES RESOLUTION:
Moved on 3 December1946, by Jawaharlal Nehru
Outlines the “fundamentals and philosophy of the constitutional structure”
India an Independent Sovereign Republic
Constituent Assembly to draw the Constitution for fubure governance of India
India shall be a Union of territories
Territories will be autonomous units with powers and functions of governance and
administration, except for the powers assigned to the Union (Laid down federal principle)
All power derived from the people- Democratic principle o
All people of India will be guaranteed
justice, social, economic and political
Equality of status of opportunity and before the law
Freedom of thoughts, expression, belief, faith, worship, vocation, association and
action
Subject to law and public morality
Safeguards for minorities, backward and tribal areas and depressed and other backward
classes
Constitution will maintain integrity of territory of the Republic, and its sovereign rights
Promote world peace and welfare of (hu)mankind
Jan 22 1947: resolution unanimously adopted
Its modified version forms the Preamble of the constitution
PYQ’s:
1. 2017 PRELIMS 62. In the context of Indian history, the principle of Dyarchy (diarchy)' refers to
(a) Division of the central legislature into two houses.
(b) Introduction of double government i.e., Central and State governments
(c) Having two sets of rulers; one in London and another in Delhi
(d) Division of the subjects delegated to the provinces into two categories.
3. 2015 PRELIMS 28. The Government of India Act of 1919 clearly defined
(a) the separation of power between the judiciary and the legislature
(b) the jurisdiction of the central and provincial governments
(c) the powers of the Secretary of State and the Viceroy
(d) None of the above for India
4. 2014 PRELIMS 82. The 1929 Session of Indian National Congress is of significance in the history
of the Freedom Movement because the
(a) attainment of Self-Government was declared as the objective of the Congress
(b) attainment of Poorna Swaraj was adopted as the goal of the Congress
(c) Non-Cooperation Movement was launched
(d) decision to participate in the Round Table Conference in London was taken
5. 2013 PRELIMS 9. With reference to Indian History, the Members of the Constituent Assembly
from the Provinces were
(a) directly elected by the people of those Provinces
(b) nominated by the Indian National Congress and the Muslim League
(c) elected by the Provincial Legislative Assemblies
(d) selected by the Government for their expertise in constitutional matters
6. 2016 MAINS GS PAPER 1 It would have been difficult for the Constituent Assembly to complete
its historic task of drafting the Constitution for Independent India in just three years but for the
experience gained with the Government of India Act, 1936. Discuss.
CHAPTER-3
(INDIAN POLITY-M.LAXMIKANT)
SALIENT FEATURES OF THE CONSTITUTION
Revision Notes
www.AroraIAS.com
4. PARLIAMENTARY GOVERNMENT :
Principle of cooperation and co-ordination between Legislative and executive organs
AKA Westminster model/ Prime Ministerial Government
Parliamentary system is based on idea of Separation of powers
Characteristics of Parliamentary government
Nominal and real executives
Majority party rule
Collective responsibility of the executive to the legislature
Ministers as members of the legislature
PM/CM the leader
Dissolution of the Lower House
Indian system based on British system but there are certain differences:
8. FUNDAMENTAL RIGHTS:
In Part III
6 broad rights to all citizens
Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to Freedom of Religion (Article 25-28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article 32)
9. DPSP:
Article 36-51 in part IV of the constitution
novel feature' : Ambedkar
Non justiciable
supports the ideal of social and economic democracy
Conducive for establishing a welfare state in India
DPSP are fundamental to the governance of the country (Constitution)
State to apply DPSP while making laws
Force of morality and public opinion behind it
Minerva Mills case 1980, SC: Indian Constitution is founded on the bedrock of balance between the
FR and the DPSP.
National Emergency
Article 352 on grounds: war, external aggression, armed rebellion
State emergency/Presidents rule
Article 356: failure of the Constitutional machinery
Article 365: failure to comply with the directions of the Centre
Financial Emergency
Article 360: threat to financial stability or credit of India
SOURCES OF CONSTITUTION:
Sources Features Borrowed
INDIAN POLITY-M.LAXMIKANT
CHAPTER-4
(PREAMBLE OF THE CONSTITUTION)
www.AroraIAS.com
Revision Notes
WHAT IS A PREAMBLE?
An introduction/preface to the Constitution
Holds the essence of the Constitution
OUR PREAMBLE
Based on the objectives Resolution
Reveals that the Constitution derives its authority from the people of India.
Outlines the objectives of the Constitution (justice, Liberty, equality and fraternity)
We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship
EQUALITY of status and opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION.
SIGNIFICANCE
Part of the Constitution
(a) But non justiciable
(b) Not a source of power
(c) Not a Limitation of powers
(d) Keshavananda Bharati case (1973)
(e) LIC of India case (1995)
(f) Berubari Union case,1960: SC said Preamble not a part]
Outlines the basic philosophy and fundamental values of the Constitution.
M Hidayatullah (former CJI): "the soul of the Constitution"
AMENDABILITY
Amended once o 42nd CA, 1976
(a) Three new words added: Socialist, secular and Integrity
Keshavananda Bharati case: Preamble can be amended under Article 368, subject to basic features
doctrine.
TERMS USED UNDER PREAMBLE
1. SOVEREIGN
India is an independent state
Not a dominion, nor dependent on any other state/nation etc.
No authority above it
Conducts its own affairs
India's membership of the Commonwealth or the UNO does not Limit her sovereignty
Can acquire foreign territory, or cede its territory
2.SOCIALIST
Earlier an implicit principle expressed through DPSPs
Made explicit by the 42nd CA 1976
INC Avadi session (1966): resolution to create a socialist pattern of society
Democratic socialism, not communist socialism
Communist socialism: state socialism
(a) Nationalisation of means of production o
(b) Abolition of private property
Democratic socialism: mixed economy
(a) SC: aims to end poverty, ignorance, disease and inequality of opportunity o Gandhian
socialism with influences of Marxian socialism
(b) NEP(New Economic Policy),1991 diluted socialist principles
3. SECULAR
Added with the 42nd CA 1976
But implicit through articles 25-28
Indian Constitution embodies the positive concept of Secularism i.e. all religions in our country(
irrespective of their strength) have the same status and support from the state.
4. DEMOCRATIC
Power with the people a
Popular sovereignty
India has representative parliamentary democracy with
(a) UAF
(b) Regular elections
(c) Independent judiciary
(d) Rule of Law
Preamble indicates existence of political and social and economic democracy
Switzerland: direct democracy, in which people exercise their supreme powers directly.
Four devices:
a) Referendum: a proposed legislation is referred to the electorate for settlement by direct vote
b) Initiative: people can propose a bill
c) Recall: voters can remove a representative
d) Plebiscite: method of obtaining opinion of the people on any public issue. Usually used for
territorial disputes
The Indian Constitution provides for representative parliamentary democracy under which the
executive is responsible to the legislature for all its policies and actions
This dimension was stressed by Dr. Ambedkar in his concluding speech in the Constituent Assembly on
November 25, 1949, in the following way:
“Political democracy cannot last unless there lies at the base of it social democracy. What does
social democracy mean ? It means a way of life which recognises liberty, equality and fraternity. The
principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a
union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy.
Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and
equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few
over the many. Equality without liberty, would kill individual initiative”.
5. REPUBLIC
Elected head of state and elected indirectly for a fixed period of five years-President
Popular sovereignty with the people, not in an individual Like a queen
Absence of a privileged class
Public office open to all citizens
6. JUSTICE
The term 'justice' in the Preamble embraces three distinct forms-social, economic and political.
Social justice denotes the equal treatment of all citizens without any social distinction based on
caste, colour, race, religion, sex and so on
a) It means absence of privileges being extended to any particular section of the society, and
b) Improvement in the conditions of backward classes (SCs, STs and OBCs) and women.
Economic justice denotes the non-discrimination between people on the basis of economic
factors
a) It involves the elimination of glaring inequalities in wealth, income, and property.
Distributive justice denotes Combination of social and economic justice
Political justice implies that all citizen should have equal political rights, equal access to all political
offices and equal voice in the government.
Idea of Justice: from Russian Revolution.
Secured through FRs and DPSPs.
7.LIBERTY
The term 'liberty' means the absence of restraints on the activities of individuals
At the same time, providing opportunities for the development of individuals.
The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship.
Secured through their Fundamental Rights, enforceable in court of law, in case of violation.
Reasonable restrictions- Liberty as elaborated in the Preamble is very essential for the successful
functioning of the Indian democratic system. However, liberty does not mean license to do what one
likes, and has to be enjoyed within the limitations mentioned in the Constitution itself. In brief, the
liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
The ideas of Liberty, equality , and fraternity in our Preamble have been taken from the French
Revolution (1789-1799).
8. EQUALITY
Absence of special privileges to any section of the society
Adequate opportunities for all individuals without any discrimination
Preamble: equality of status and opportunity.
Preamble embraces three dimensions of equality i.e., Civic, political and economic
Civic equality assured through:
Equality before the law (Article 14).
Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth (Article 15).
Equality of opportunity in matters of public employment (Article 16).
Abolition of untouchability (Article 17).
Abolition of titles (Article 18).
Political equality through:
Article 325: No person is to be declared ineligible for inclusion in electoral rolls on
grounds of religion, race, caste or sex
Article 326: Elections to the Lok Sabha and the state assemblies to be on the basis
of adult suffrage i.e., right to vote.
Economic equality through:
Article 39(DPSP): Secures to men and women equal right to an adequate means of
livelihood and equal pay for equal work.
9. FRATERNITY
Sense of brotherhood (sorority: Sisterhood)
Expressed through system of single citizenship
FD: Article 51-A
To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, regional or sectional diversities and to renounce practices
derogatory to the dignity of women.
Fraternity has to secure the dignity of the individual and the unity and integrity of the nation.
Individual Dignity: Material Betterment, Democratic Set-up, Personal Development
‘Unity and Integrity of the Nation’ embraces both the psychological and territorial dimensions of
national integration
Overcoming hindrances to national integration like communalism, regionalism, casteism, linguism,
secessionism and so on
Article 1: India is a ‘Union of States’
PREAMBLE A PART OF CONSTITUTION OR NOT
The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two leading
cases on the subject: Berubari Case Keshavananda Bharati case
1. Berubari case was the Presidential Reference under Article 143(1) of the Constitution of India on the
implementation of the Indo-Pakistan Agreement Relating to Berubari Union and Exchange of Enclaves
which came up for consideration by a bench consisting of eight judges headed by the Chief Justice B.P.
Singh.
Justice Gajendragadkar delivered the unanimous opinion of the Court: The court ruled out that
the Preamble to the Constitution, containing the declaration made by the people of India in
exercise of their sovereign will, no doubt it is "a key to open the mind of the makers" which may
show the general purposes for which they made the several provisions in the Constitution but
nevertheless the Preamble is not a part of the Constitution
2. Keshavananda Bharati case has created history.
For the first time, a bench of 13 judges assembled and sat in its original jurisdiction hearing the
writ petition
Thirteen judges placed on record 11 separate opinions. –
To the extent necessary for the purpose of the Preamble, it can be safely concluded that the
majority in Keshavananda Bharati case leans in favour of holding,
(a) That the Preamble to the Constitution of India is a part of the Constitution;
(b) That the Preamble is not a source of power or a source of limitations or prohibitions;
(c) The Preamble has a significant role to play in the interpretation of statutes and also in the
interpretation of provisions of the Constitution.
(d) Keshavananda Bharati case is a milestone and also a turning point in the constitutional
history of India
(e) D.G. Palekar held that the Preamble is a part of the Constitution and, therefore, is amendable
under Article 368
(f) It can be concluded that Preamble is introductory part of our Constitution.
(g) Preamble is based on the Objective Resolution of Nehru.
(h) Preamble tells about the nature of state and objects that India has to achieve.
(i) There was a controversial issue whether Preamble was part of Indian Constitution there were
number of judicial interpretation but finally in Keshavananda Bharati case it was held that the
Preamble is a part of the Constitution
3. Preamble enshrines the ideas and philosophy of the constitution, and NOT the narrow objectives of
the governments. It also does NOT provide any legal framework of constitutional law
4. Preamble is neither a source of power nor a source of limitations. It neither provides any power nor
imposes any duty.
5. Preamble is neither enforceable not justifiable in a court of law. This implies that courts cannot pass
orders against the government in India to implement the ideas in the Preamble.
PYQ’s
Q.1 2017 48.The mind of the makers of the Constitution of India is reflected in which of the following?
(a) The Preamble (b) The Fundamental Rights.
(c) The Directive Principles of State Policy (d) The Fundamental Duties
Reason: Laxmikant 4.4: reflects the dreams and aspirations of the founding fathers of the Constitution-
“expresses what we had thought or dreamt so Long”
Q.2 2017 38. Which one of the following objectives is not embodied in the Preamble to the
Constitution of India ?
(a) Liberty of thought (b) Economic liberty (c) Liberty of expression (d) Liberty of
belief
Q.3 2013 28. ‘Economic Justice' as one of the objectives of the Indian Constitution has been provided
in
(a) the Preamble and the Fundamental Rights Principles of State Policy the Directive Principles of State
(b) the Preamble and the Directive
(c) the Fundamental Rights and Policy
(d) None of the above
Q.4 2016 GS PAPER 2 Discuss each adjective attached to the word Republic in the 'Preamble'. Are they
defendable in the present circumstances?
INDIAN POLITY(M.LAXMIKANT)
CHAPTER-5
UNION AND ITS TERRITORY
www.AroraIAS.com
ARTICLES 1-4
Part 1 of the Constitution: "Union and its Territory "
ARTICLE 1
Name and territory of the Union
India, that is, Bharat is a Union of states
States are divided only for administrative convenience not that states have any
predetermined identity.
First schedule: Names and territorial extent of states
29 states, 7 UTs
Territory of India: States+ UTs+ territories that may be acquired by Gol
Union of India: only states
India can acquire foreign territory as it is sovereign state
Methods of acquisition: cession, occupation conquest or subjugation
India acquired Goa, Daman and Diu, Sikkim etc.
ARTICLE 2
Admission or establishment of new states
Parliament can admit into the Union of India, or establish new states on such terms and
conditions as it thinks fit.
ARTICLE 2-A: Sikkim to be associated with the Union-Repealed
ARTICLE 4
Laws made under Article 2 & 3 i.e., admission or establishment of new states and formation of
new states and alteration of areas, boundaries or names of existing states.
Are not amendments under Article 368
Need simple majority
Ordinary Legislative Process
In 1960, SC examined if the power of the Parliament to diminish areas of states means that
the Parliament can cede Indian territory
The Central government had decided to cede the territory of Berubari Union in West Bengal
to East Pakistan
SC said that the Parliament cannot cede Indian territory to a foreign country under Article 3
Can only cede by amendment under Article 368
Thus, 9th CA 1960
But settlement of boundary dispute can be through executive action i.e., No need for CA
INDIA-BANGLADESH BOUNDARY
4000 kms +
Determined by the Radcliffe Line, 1947
Bagge Award (1950) and Nehru-Noon Agreement (1958) tried to resolve some disputes
1960: Berubari Union Case, 9th CA
1974: Land Boundary Agreement between India and Bangladesh
to solve demarcation of boundary issue
Not ratified as it involved some exchange of territory which would need CA
2011: Protocol to the 1974 Agreement
Governments of Assam, Meghalaya, West Bengal and Tripura coordinated
2015: Revised version of 1974 Agreement adopted, 100th CA
REORGANISATION OF STATES
Initially, ad-hoc structuring on states in four parts
Demand for reorganisation on linguistic basis
June 1948: Linguistic Provinces Commission appointed
Chair: SK Dhar (Dhar Commission)
Suggested administrative convenience over Linguistic reorganisation
December 1948: JPV Committee
Jawaharlal Nehru, Sardar Vallabhbhai Patel and Pattabhai Sitaramayya
Rejected Language as basis for reorganisation.
October 1953: Government forced to create Andhra Pradesh out of Madras on linguistic basis
Extended agitation and death of Gandhian activist and prominent Congress leader Potti
Sriramuli after a 56 day hunger strike
December 1953: 3 member States Reorganisation Commission appointed under Fazl Ali, KM
Panikkar and HN Kunzru (Fazl Ali Commission)
NAME CHANGE
YEAR STATE/UT NAME CHANGED TO
1950 United Provinces Uttar Pradesh
1969 Madras Tamil Nadu
1973 Mysore Karnataka
INDIAN POLITY-M.LAXMIKANT
CHAPTER-6(CITIZENSHIP)
www.AroraIAS.com
MEANING OF CITIZENSHIP
India: citizens and aliens o
Citizens: members of the State, owe allegiance, enjoy rights, shoulder responsibilities
Aliens do not enjoy all rights; they are members of another State;
Enemy aliens: member of a country which is at war with India. Do not have rights under Article
22 (arrest and detention)
PRIVILEGES OF CITIZENSHIP
Article 15: right against discrimination
Article 16: right to equality of opportunity in public employment
Article 19: freedom of speech and expression
Articles 29 and 30: cultural and educational rights
Right to vote, contest elections, eligibility to hold certain public office
NOT available to aliens
SINGLE CITIZENSHIP
Only Indian citizenship, no state citizenship (like Canada) o
To mitigate against discrimination by states in favour of their own citizens o
E.g right to vote, hold public offices o
To promote feeling of unity and fraternity
Switzerland, USA: dual citizenship (state and nation)
Exceptions
Under Article 16 (right to equality of opportunity in public office), Parliament can prescribe
residence as a condition for certain employments
Requirement as to Residence Act 1957 (expired 1974)
Article 371-D: special provisions for Andhra Pradesh provides for residential qualification
for certain public offices
J & K legislature defines who are 'permanent residents of the state, and confers special
privileges upon them like ownership of immovable property (Article 35-A)
Under Article 15, discrimination is prohibited oly on the grounds of religion, race, caste, sex
or place of birth and not on grounds of residence
Special benefits on the grounds of residence can be provided
Under Article 19, freedom of movement can be restricted to protect interests of Schedule
Tribes.
1. BIRTH
Born in India between 1950-1987: Indian citizen irrespective of parents nationality
After 1987: born in India + one parent is Indian at the time of birth
After 2004: born in India + one Indian parent illegal migrant parent at the time of birth
No citizenship by birth for children of foreign diplomats posted in India + enemy aliens
2. DESCENT
Born outside India between 1950-1992: Indian if father is Indian at the time of birth
Born outside India after 1992: Indian if either parent is Indian at the time of birth
Born outside India after 2004, of Indian descent: not a citizen unless registered at an Indian
consulate (normally within a year, after a year with permission of GoI
3. REGISTRATION
Must not be an illegal migrant
Central Government can register only
Ordinarily resident meaning:
12 months continuous residence immediately before application or citizenship o
Six years residence in India over 8 years, starting from the time immediately before the 12
month residence
Total 7 years over 9 years
Conditions:
Indian origin + ordinarily resident in India for 7 years
Indian origin + ordinarily resident outside undivided India
Married to an Indian ordinarily resident in India for 7 years
Offspring of Indians
OCI for 5 years+ ordinarily resident in India for 1 year
A person of full age and capacity who had an Indian parent, and was an Indian + has been
ordinarily resident in India for 1 year
Oath of Allegiance:
True faith and allegiance to the Constitution
Faithfully observe laws
Fulfil duties as a citizen
4. NATURALISATION
Central government can grant certificate
Naturalised citizen must take oath of allegiance e
Conditions:
Should not be an illegal migrant
Must renounce any other citizenship o
Should not be subject/citizen of any country where Indians cannot become citizens
Resided in India or worked for Government of India for both
1. 12 months immediately before application
2. 11 years in 14 years before the 12 months
Good character
5. INCORPORATION OF TERRITORY
If a territory becomes a part of India, then its residents become citizens of India
e.g. with Daman and Diu etc.
1. RENUNCIATION
Must be a citizen of full age and capacity
Can make a declaration of renunciation of citizenship during peace time
Declaration shall be withheld during war time
Minor children of a person renouncing citizenship also Lose citizenship.
May resume after they turn 18
2. TERMINATION
When an Indian citizen voluntarily acquires citizenship of another country during peace time
3. DEPRIVATION
Central government has to compulsorily deprive someone of her citizenship if
S/he obtained citizenship fraudulently
Shows disloyalty to the Constitution
Unlawfully communicated/traded with the enemy during war time
Within 5 years after registration/naturalisation get incarcerated in any country for two
years
Ordinarily resident outside India for 7 continuous years unless
a) She is a student abroad
b) Service of government of India/international organisation India is a part of
c) Registered annually with the Indian consulate with intention to retain Indian
citizenship
Multiple entry Lifelong visa for visiting India for any purpose
But will need special permission to undertake research work
Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners
Registration officer (FRO) for any length of stay in India.
Parity with NRIs in respect of all facilities available to them in economic, financial and
educational fields except in matters relating to the acquisition of agricultural or plantation
properties
NRIs have all benefits available to Indian citizens subject to notifications issued by the
Government from time to time
Charged same entry fee as domestic Indian visitors to visit national parks and wildlife
sanctuaries in India
a citizen of Pakistan,
Bangladesh or such other
country as the Central
Government may specify,
shall be eligible for
registration as an Overseas
Citizen of India Cardholder
7. What benefits one All benefits as No specific Refer (II) Conferment of
is entitled to ? available to Indian benefits Rights to OCI Cardholder
citizens subject to
notifications issued
by the Government
from time to time
8. Does s/he require No Yes Can visit India without visa
visa for visiting for life long
India ?
9. Is he/she required No Yes if the period of No
to register with the stay is for more
local police than 180 days
authorities in India
?
10. What activities can All Activities Activity as per the All activities except
be undertaken in type of visa research work for which
India ? obtained special permission is
required from the Indian
Mission/Post/ FRRO
concerned.
11. How can one He/she is an Indian As per the As per the Citizenship
acquire Indian citizen Citizenship Act(1955), a person
citizenship? Act(1955), S/he designated as an OCI
has to be an cardholder for 5yrs and
ordinary resident who is an ordinary resident
in India for a in India for 12 months
period of 7yrs before making an
before making an application of registration is
application of eligible for grant of Indian
registration Citizenship
Article 31-C: Laws made to give effect to DPSPs under the following articles cannot be challenged
for being violative of Article 14
a) Article 39(b): the quotable distribution of material resources of the community for the common
good
b) Article 39(c): prevention of concentration of wealth and means of production.
Foreign rules, ambassadors, diplomats have immunity from criminal and civil proceedings
UNO and its agencies have diplomatic immunity.
II. Article 15: PROHIBITION OF DISCRIMINATION
State shall not discriminate against any citizen only on grounds of religion, race, caste, sex or place
of birth
Discriminate: to distinguish unfavourably from others
No citizen shall be subjected to any disbarility, Liability, restriction or condition on grounds only of
religion, race, caste, sec or place of birth with regard to
Access to shops, public restraints, hotels and places of public entertainments
The use of wells, talks, bathing Ghats, roads places of public resort dedicated to the use of general
public or maintained wholly or partially by the state
Thus, under the second provision, discrimination by both the state and private individuals is
prohibited
Exceptions to non-discrimination :
Special provisions for women and children
Special provisions for the advancement of socially and educational backward classes of citizens or
for SCs and STs. For e.g.: Reservation of seats or fee concessions in public educational institutions
Special provisions for the advancement of socially and educational backward classes of citizens or
for SCs and STs regarding their admission to educational institutional, aided or unaided by the state,
except minority educational institutions (93rd CA 2005)
a) Centre enacted the Central Educational Institutions (Reservation in Admission) Act 2006 to give
27% quota to OBCs
b) 2008: SC directed the central government to exclude the creamy layer of OBCs while
implementing the law
III. Article 16: EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT
Equality of opportunity for all citizens in matter of public employment or appointment to any office
under the State.
Citizens cannot be discriminated against on the grounds of only religion, race, caste, sex, descent,
place of birth, or residence
Exceptions:
Parliament can prescribe residence as a condition for some employments or appointments
Provision as of now only for Andhra Pradesh
Reservation in favour of backward classes
Requirement that the incumbent of an office related to religious or denominational institution or a
member of its governing body should belong to the relevant religion
MANDAL COMMISSION (Indra Sawhney v/s Union of India)
1979: Morarji Desai government appointed the Second Backward Classes Commission under BP
Mandal, an MP
Article 340: Parliament can set up a commission to investigate the conditions of the socially and
educationally backward classes. Suggest measures for their advancement
1980: Mandal Commission report
a) Identified 3743 castes as socially and educationally backward
b) Constituting 52% of the population, excluding SCs and STs
c) Recommended 27% reservation so that total reservation stays 50%
1990: VP Singh Government declared reservation of 27% of government jobs for 0BCs
1991: Narsimha Rao government introduced two changes
a) Creamy layer clause: preference to the poorer sections among the 0BCs
www.AroraIAS.com Telegram: https://t.me/Aroraias Laxmikant Ch-7
Page 5 of 16
Subject to these restrictions, the citizens have complete liberty to form associations or unions for
pursuing lawful objectives and purposes. However, the right to obtain recognition is not a FR
SC held that the trade unions have no guaranteed right to effective bargaining or right to strike or right
to declare a lock-out. The right to strike can be controlled by an appropriate industrial law.
19 (iv): FREEDOM OF MOVEMENT
Every citizen is entitled to move freely throughout the country
India is one whole unit for its citizens
This right promotes the feeling of nationalism
Only covers the right to move around in India (internal movement) is covered under Article 19
Right to move out of India and the right to come back (external movement) is covered under Article
21.
Reasonable restrictions:
Interests of general public
Interests of any scheduled tribe
a) Entry in tribal areas is restricted to protect the distinctive culture, Language, customs and
manners of scheduled tribes and to safeguard their traditional vocations and properties against
exploitation
SC :freedom of movement of prostitutes can be restructured on grounds of public health and the
interests of general public
Bombay HC: movement of persons affected by AIDS can be restricted
19 (v): FREEDOM OF RESIDENCE
Citizens have the right to reside (Live temporarily) and settle (Live permanently) in any part of the
country
Removes internal barriers in the country, promotes nationalism and circumvents narrow mindedness.
Reasonable restrictions:
Interest of general public
Interest of any scheduled tribe
In some parts, tribals regulate their property in accordance with their customs
SC: certain areas can be banned for certain kinds of persons
Habitual offenders, prostitutes etc
From the above, it is clear that the right to residence and right to movement are overlapping to some
extent. Both are contemporary to each other.
19 (vi): FREEDOM OF PROFESSION:
Citizens have the right to practice any profession or to carry on any occupation, trade or business
Reasonable restriction: interest of general public
State can also prescribe technical/professional qualification
State can carry on any trade, business, industry or service itself, to the exclusion of citizens or
otherwise.
The State does not have to justify its monopoly
Citizens do not have the right to carry out professions/trade/business/occupation which is
immoral or dangerous.
State can prohibit or regulate these through licensing.
ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION OF OFFENCES
Article 20: protection against arbitrary and excessive punishment
Available to all persons
Three provisions:
i. No ex-post-facto law:
Ex-post-facto law imposes penalties retrospectively
No conviction except for violation of a laws in force at the time the act was done
No penalty greater than prescribed by Laws at the time the act was done
Right to be produced before a magistrate within 24 hours, unless the magistrate authorises further
detention
Article 22 covers only criminal and quasi-criminal acts, or activity prejudicial to public interest
Does not cover arrest under the orders of a court, civil arrest, arrest on failure to pay the income tax,
and deportation of an alien
Under the preventive detention cases, all persons have the following rights
Detention cannot exceed 3 months unless extended by an advisory board that reports sufficient
cause for extension and Board to consist of HC judges
Grounds of detention to be communicated to the detenu
Not necessary if it is against public interest to disclose grounds
Detenu should be afforded an opportunity to make a representation against the detention order
Article 22 authorises the Parliament to prescribe the cases under which a person can be detained for
more than three months under preventive detention law without the opinion of an advisory board
Parliament can decide the maximum period of detention under preventive detention law
44th CA 1978 has reduced this period to two months, but this provision has not been enforced yet
The procedure to be followed by an advisory board in an inquiry
Parliament makes preventive detention laws for reasons connected with defence, foreign affairs and
the security of India.
Parliament and state legislature can both make laws regarding preventive detention for security of the
state, the maintenance of public order and the maintenance of supplies and services essential to the
community.
India is the only democratic country with preventive detention as an integral part of the constitution.
RIGHT AGAINST EXPLOITATION
I. ARTICLE 23: PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR
Prohibition of traffic in human beings and forced Labour (begar)
Contravention shall be punishable by Law
Available to citizens and non-citizens
Available against the State and private persons
Traffic in human beings means
Selling and buying of humans Like goods
Immoral traffic in women and children including Prostitution
Devadasis
Slavery
To prevent this, Parliament enacted the Immoral Traffic (Prevention) Act 1956
Begar means compulsory work without remuneration
Article 23 also prohibits similar forms of forced Labour Like bonded Labour
‘Forced Labour': compelling someone to work against his will
Force means Physical or legal force
Compulsion from economic circumstances, like working for less than minimum wage
Parliament has enacted many Laws to uphold Article 23.
Exception to Article 23: State can impose compulsory service for public purposes
Like military or social service
State is not bound to pay for this
In imposing compulsory service, the State cannot make discrimination on the grounds only of
religion, race, caste or class.
II. ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN
Prohibits employment of children below age of 14 years in any factory, mine or other hazardous
activities
Does not prohibit their employment in innocent or harmless work
To enforce this FR, the Parliament enacted the Child Labour (Prohibition and Regulations) Act in 1986
Many other Acts also uphold Article 24 i.e. The Employment of children Act, 1938; The Factories Act,
1948; The Mines Act, 1952; The Merchant Shipping Act, 1958; etc.
In 1996: SC mandated the establishment of Child Labour Rehabilitation Welfare Fund
Offending employer has to deposit Rs. 20,000 fine for each child employed by him
Commissions for Protection of Child Rights Act 2005
Establishes a National Commission and State Commissions for Protection of Child Rights and
Children's Courts
Children's Courts provide for speedy trials against offences of violating child rights or otherwise
involving children
Child Labour (Prohibition and Regulation) Amendment Act 2016:
Prohibits employment of children below 14 in all occupations and processes
Earlier, 18 occupation, 65 processes
Also prohibits employment of adolescents (14-18 ages) in certain hazardous occupations and
processes
It provides for a more stringent punishment for offenders
It provides for a more stringent punishment for offenders. It is an imprisonment of 6 months to
2yrs, or a fine of Rs. 20,000 to Rs. 50,000.
RIGHT TO FREEDOM OF RELIGION
I. ARTICLE 25: FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE AND PROPAGATION OF
RELIGION
All persons have the right to freedom of conscience, and the right to freely profess, practice and
propagate religion
Freedom of conscience: inner freedom to every individual to freely shape her relationship God or
spirituality in the way she desires
Right to profess: to declare ones religious beliefs and faith openly
Right to practice: to perform religious rituals, worship ceremonies etc
Right to propagate: to transmit and share religious ideas and belies.
Does not include the right to proselytise, as forcible conversion impinges on freedom on conscience
Available to all persons
Covers religious beliefs (doctrines) and practices (rituals)
Article 25 also contains two explanations:
One: Wearing and carrying of Kirpans is to be included in the profession of Sikh religion
Two: The Hindus in the context, include Sikhs, Jains and Buddhists.
II. ARTICLE 26: FREEDOM TO MANAGE RELIGIOUS AFFAIRS
Every religious denomination or its sections has the freedom to manage its own affairs
It can establish and maintain institutions for religions and charitable purposes
It can own and acquire movable and immovable property
It has the right to administer such property in accordance with laws
Article 25: individual rights
Article 26: rights of denominations and sections
Reasonable restrictions: public order, morality and health
Not subject to other provisions relating to FRs
What is a religious denomination?
SC: a collection of individuals with a system of beliefs which they regard as conducive to their
spiritual well-being
Common organisation
Distinctive Name
All three conditions should be satisfied for classification as a denomination
III. ARTICLE 27: FREEDOM FROM TAXATION FOR PROMOTION OF A RELIGION
No person shall be compelled to pay taxes for the promotion or maintenance of any particular religion
or religious denomination
www.AroraIAS.com Telegram: https://t.me/Aroraias Laxmikant Ch-7
Page 11 of 16
The State cannot spend public money on promoting/ maintaining any religion
But taxes can be used for the promotion/maintenance of all religions
Thus, the State cannot patronise one religion over the other
Only prohibits taxes, not levy or fees
Fees is collected for the secular administration of religious institutions, not promotion/maintenance
IV. ARTICLE 28: FREEDOM FROM ATTENDING RELIGIOUS INSTRUCTION IN SCHOOLS
No religious instruction shall be provided in an educational institution wholly maintained out of State
funds Not applicable to educational institutions administered by the State, but established under any
endowment or trust which require the imparting of religious instruction
If persons attend educational institutions recognised or funded by the State, they shall not be required
to attend any religious instruction without their consent
Guardians consent in case of a minor
Article 28 distinguishes between four kinds of educational institutions
Institutions wholly maintained out of State funds: No religious instruction is permitted
Institutions administered by the Stabe but established under any endowment or trust: Religious
instruction is permitted
Institutions recognised by the State: Religious instruction is permitted on a voluntary basis
Institutions receiving aid from the State: Religious instruction is permitted on a voluntary basis
CULTURAL AND EDUCATIONAL RIGHTS
I. ARTICLE 29: PROTECTION OF INTERESTS OF MINORITIES
Any section of citizens of India have a right to conserve their distinct language, script and culture
Protects group rights
No citizen can be denied admission into any educational institution maintained by the state or
receiving aid from the State on grounds only of religion, race, caste or Language
Protects individual rights
Protects religious and Linguistic minorities
SC: Section of citizens can mean majority also
Right to conserve a Language includes the right to agitate for protection of a Language
Political speeches for conservation of language are not corrupt practices under the Representation
of People Act (RPA), 1951
II. ARTICLE 30: RIGHTS OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS
Grants rights to linguistic and religious minorities
Right to establish and administer educational institutions of their choice o Compensation by the
State for acquisition of their property (44th A 1978)
Non-discrimination by the State when granting aid to educational institutions managed by
minorities
Article 30 does not extend to 'section of citizens' only minorities
The term minority, has not been defined in the Constitution
Minorities have the right to impart education to their children in their own Language
There are 3 kinds of minority educational institutions
Those that seek recognition and aid from the state
Those that seek only recognition from the State, not aid
Those that seek neither recognition nor aid from the State
The first two can be regulated by the state with regard to syllabus, academic standards etc
The last type is free to administer its own affairs, subject to general laws
ARTICLE 32: RIGHT TO CONSTITUTIONAL REMEDIES
Right to remedies for the enforcement of the fundamental rights of an aggrieved citizen
The right to get Fundamental Rights protected is protected itself as a fundamental right
This makes fundamental rights potent
Ambedkar: Article 32 is the heart and should of the Constitution/ the most important article
SC: a basic feature. Hence, cannot be abridged or taken away even by the way of an amendment to the
constitution.
Provisions under Article 32:
Right to move to SC for enforcement of FRs
SC can issue writs to enforce FRs
Parliament can empower other courts to issues directions, order and writs
a) Without prejudice to the powers conferred on the SC
b) Does not apply to HCs, as they already have this pouser under Article 226
Right to move to SC shall not be suspended except as otherwise provided for by the Constitution
a) President can suspend it during a national emergency
Thus, SC given position of the defender and guarantor of the fundamental rights of the citizens. It has
original and wide powers for this
Purpose of Article 32: effective remedy against the violation of FRs
Can only enforce FRs guaranteed by the Constitution, and not any other rights
To enforce FRs, jurisdiction of the SC is original but not exclusive
HCs can also enforce FRs, but citizens can move directly to the SC
However, SC has ruled that where relief through HC is possible, aggrieved party should first move
to an HC
WHAT ARE WRITS?
A form of written command in the name of a court or other Legal authority to act, or abstain from
acting, in a particular way
Borrowed from English Law: known as prejorative writs
Extraordinary remedies to uphold rights and Liberties of British people
Writs of habeas corpus, certiorari, mandamus, quo warranto and prohibition can be issued by Indian
SC and HCs
POWER OF COURTS TO ISSUE WRITS:
SC: Article 32
HCs: Article 226
Article 32: Parliament can empower any other court to issue writs, No such provision made yet.
Difference between writ jurisdictions of SC and HCs:
1. SC: only for enforcement of FRs and HC: for FRs and ordinary legal rights
2. SC: against persons/government throughout the territory o India and HC: against
persons/government within its territorial jurisdiction
a) Only outside if the cause of action arises within its territorial jurisdictiovn
3. SC cannot refuse to exercise its writ jurisdiction as remedy under Article 32 is a FR and HC: writ
jurisdiction is discretionary
HABEAS CORPUS
Latin term: to have the body of
Order by a court to a person who has detained another person, to produce the body of the Latter
before it
Court then examines legality and cause of detention
This writ is a bulwark of individual Liberty against arbitrary detention
Can be issued against public authorities and private individuals
Not issued if the detention is lawful, proceeding is or contempt of a legislature of a court, detention is
by a competent court and if the detention is outside the jurisdiction of the court. .
PROHIBITION
Means to forbid
Issued by a higher court to a lower court or tribunal
Prevents lower courts/tribunals from exceeding jurisdiction or usurping a jurisdiction that it does not
possess Directs inactivity (unlike mandamus, which directs activity)
Not available against administrative authorities, legislative bodies and private individuals or bodies
CERTIORARI
Means to be certified, or to be informed
Issued by a higher court to a Lower court, tribunal or against administrative authorities affecting the
rights of individuals
But not against legislative bodies and private individuals or bodies
Issued if there is a Lack or excess of jurisdiction, or an error of Laws
The Court issuing the writ can transfer a case pending with the lower court/tribunal to itself, or
squash the order of the latter in a case
The writs of certiorari is both preventive and curative, unlike Prohibition, which is only preventive
MANDAMUS
It means “we command”
Issued by a court
To a public official asking him to perform his official duties that he has failed to or refused to perform
or against a public body corporation, an inferior court, a tribunal or government, for the same purpose
Cannot be issued
Against a private individual or body
To enforce departmental instructions without statutes force
For discretionary duties
To enforce contractual obligations
Against the President of India or state governors
Against the Chief Justice of a high court acting in judicial capacity
QUO-WARRANTO
It means “by what authority or warrant”
Issued by a court to inquire into the legality of claim of a person to a public office
Prevents illegal usurpation of public office by a person
Cannot be issued against ministerial or private offices, only against substantive public office of a
permanent character created by a law or the Constitution
Can be sought by any interested person, and not necessarily by the aggrieved person. All other writs
require locus standi
ARMED FORCES AND FR
Article 33: Parliament can restrict or abrogate the FR of members of the armed forced, para-military
forces, police forces, intelligence agencies and analogous forces
To ensure the proper discharge of their duties
Maintenance of discipline
Only Parliament can make such a law
Laws cannot be challenged in court on grounds of contravention of FR
Such Laws can cover non-combatant employees of armed forces like barbers, cooks etc.
Laws can exclude court martials from the writ jurisdiction of the SC and HC as far as enforcement of FR
is concerned
MARTIAL LAW AND FR
Article 34
Restrictions on FR while martial law is enforced in any area of India
Parliament can indemnify any government servant or any other person for any act does by her in
connection with the maintenance or restoration of order where martial Law was enforced.
Parliament can validate any sentence passed, punishment inflicted, forfeiture ordered or other act
done under martial laws in such area
Martial Law is not defined in the Constitution
Not even explicitly provided for, Only implicitly through Article 34.
MARTIAL LAW
Literally means military rule
Concept from English common laws
Not explicitly defined in the Constitution
Implicitly provided for by Article 34
Martial Law refers to a situation where civil administration is run by the military
According to military rules and regulations, outside of ordinary Laws
Military tribunals suspend ordinary laws and the government
Imposed under extraordinary circumstances Like war invasion, insurrection, rebellion, riot or violent
resistance
It aims to repel force by force to maintain and restore order to society
Military authorities are vested with abnormal powers to take all necessary steps
Impose restrictions and regulations on the rights of civilians, can punish civilians and even meet out
capital punishment.
SC: Declaration of martial Law does not automatically mean the suspension of the writ of habeas
corpus
DIFFERENCE BETWEEN MARTIAL LAW AND NATIONAL EMERGENCY
MARTIAL LAW NATIONAL EMERGENCY
Affects only FR Affects FR, Centre-State relations, etc
Suspends the government and ordinary Law Continues with government and ordinary Laws
Imposed to restore the breakdown of law Can be imposed on only 3 grounds: war, armed
rebellion and external aggression and order due to
any reason
Imposed in a specific area of the country Imposed on the whole country or a part of it
No explicit/ specific Constitutional provisions It is Explicit, specific, detailed provisions in the
implicit Constitution
ARTICLE 35
Effecting certain fundamental rights:
The powers to makes laws, to give effect to certain specified FRs shall vest only in the Parliament
and not in the State legislatures.
Ensure uniformity throughout India with regard to those FRs and punishment for themThese FRs
are:
Article 16: prescribing residence as a condition for certain employments or appointments in a state
or UT or Local authority or other authority
Article 32: empowering courts other than the SC and HCs to issue directions, orders and writes of all
kinds for the enforcement of FRs
Article 33: Restricting or abrogating the application of FRs to members of the armed forces, police
forces, etc.
Article 34: Indemnifying any government servant or any other person for any act done during the
operation of martial Law in any area
Only Parliament, and not state legislatures, can prescribe punishments for those acts that are declare
to be offences under the FRS:
Article 17: Untouchability
Article 23: traffic in human beings and forced Labour
Parliament has to enact Laws on these FRS
Some of these matters may be in the State List, but Article 35 extends the competence of the
Parliament to make a laws on it anyway
Exceptions to FRs : Article 31A, Article 31B & Article 31C
ARTICLE 31A
Saves five categories of Laws from beings challenged and invalidated on the ground of contravention
of FRs conferred by Article 14 and Article 19.
Concerning agricultural lands reforms, industry and commerce. These are:
Acquisition of estates and related rights by the state
Taking over the managements of properties by the State
Amalgamation of corporations
Extinguishment or modification of rights of directors or shareholders of corporations
Extinguishment or modification of mining leases.
Article 31A does not immunise a state from judicial review unless an Act under it has been reserved for
the President's consideration and has received her assent.
Compensation has to be paid at market value when the state acquires that land held by a person
under her personal cultivation, and the land is within the statutory ceiling Limit.
ARTICLE 31B
Saves acts and regulations in the 9th Schedule from being challenged and invalidated on grounds of
contravention of FRs.
Scope of Article 31B is wider than that of Article 31A.
Jan 2007 SC: there cannot be any blanket immunity from Judicial review
Judicial review under the 9th Schedule is a part of the basic structure of the Constitution
Laws put under the 9th Schedule after April 24, 1973 are open to challenge in court
The Laws included in the 9th Schedule have expanded hugely from 13 acts in 1951 to over 280 now.
The state acts deal with Land reforms and abolition of the zamindari system.
The Parliamentary acts deal with other matters.
ARTICLE 31C
Inserted by 25th CA 1971
No Law that seeks to implement that socialistic DPSPs of Article 39(b) and 39(c) shall be void on the
contravention of FRs under Article 14, or 19.
No Law containing a declaration that it is for giving effect to such policy shall be questioned on the
ground that it does not give effect to such policy. (Struck down in the Keshavananda Bharati case as
unconstitutional and invalid. Judicial review is basic structure)
Article 39(b): The State shall direct its policy towards securing that the ownership and control of the
material resources of the community are so distributed as best to sub serve common good
Article 39(c): The State shall direct its policy towards securing the operation of the economic system
does not result in that concentration of wealth and means of production to the common detriment.
42nd CA 1976 tried to extend the first part of the article to include all DPSPs and not just Article 39 b
and c.
Struck down by the Minerva Mills case (1980)
CRITICISM OF FR
Excessive Limitations
No social and economic rights
No clarity: vague phrases used
Important terms like 'minorities' not defined
No permanency: The judicially innovated doctrine of basic structure' is the only Limitation on the
authority of the Parliament to curtail or abolish FRs
Suspension during emergency
Expensive remedy
Preventive detention: 'the constitution of India deals more with the rights of the State against the
individual than with the rights of the individual against the state'
No consistent Philosophy: created a difficultly for the judiciary in interpreting FRs.
Article 265: No tax shall be levied or collected except by authority of Law. (Part XII)
Article 300A: No person shall be deprived of his property save by authority of Law. (Part XII)
Article 301: Trade, commerce and intercourse throughout the territory of India shall be free. (Part XIII)
Article 326: The elections to the LS and the State Legislative Assembly shall be on the basis of adult
suffrage(Part XV)
PYQs
PRELIMS 2017 8. Which one of the following statements is correct?
(a) Rights are claims of the State against the citizens
(b) Rights are privileges which are incorporated in the Constitution of a State
(c) Rights are claims of the citizens against the State
(d) Rights are privileges of a few citizens against the many.
PRELIMS 2017 Right to vote and to be elected in India is a
(a) Fundamental Right (b) Natural Right
(c) Constitutional Right (d) Legal Right
REASON: Article 326 of the Constitution provides for universal adult suffrage, but does not specifically
mention the right to vote. Rights that are not explicitly set out in the Constitution, such as the right to privacy,
have routinely been impliedly read into the text. But the court has refused to categorically recognise the right
to vote as an inalienable constitutional right, frequently holding that it is a privilege that can be taken away as
easily as it is granted.
PRELIMS 2017 47. In the context of India, which one of the following is the correct relationship between
Rights and Duties?
(a) Rights are correlative with Duties.
(b) Rights are personal and hence independent of society and Duties.
(c) Rights, not Duties, are important for the advancement of the personality of the citizen
(d) Duties, not Rights, are important for the stability of the State
PRELIMS 2017 Which of the following are envisaged by the Right against Exploitation in the Constitution of
India?
1. Prohibition of traffic in human beings and forced labour
2. Abolition of Untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below.
(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4
(d) 1, 2, 3 and 4
MAINS QUESTIONS
2017: Examine the scope of Fundamental Rights in the light of the latest judgement of the SC om Right to
Privacy.
2014: What do you understand by the concept “Freedom of Speech and Expression”? Does it cover hate
speech also? Why do the films in India stand on a slightly different plane from other forms of expression?
Discuss.
ARTICLES 38:
To promote welfare of the people by securing a social order permeated by justice- social,
economic and political
To minimise inequalities in income, status, facilities and opportunities (added by 44th CA 1978)
ARTICLES 39: To secure
The right to adequate means of Livelihood for all citizens
Equitable distribution of material resources of the community for the common good
Prevention of concentration of wealth and means of production
Equal pay for equal work for men and women
Preservation of health and strength of workers and children against forcible abuse
Opportunities for healthy development of children (Added by 42nd CA 1976)
ARTICLES 39A:
To promote equal justice
Provide free legal aid to the poor (Added by 42nd CA 1976)
ARTICLES 40: To organise village panchayats and endow them with necessary powers and authority
to enable them to function as units of self-government
ARTICLES 41: To secure the right to work, to education, and to public assistance in cases of
unemployment, old age, sickness and disablement
ARTICLES 42: To make provision for just and humane conditions of work and maternity relief
ARTICLES 43:
To secure a Living wage, a decent standard of life and social and cultural opportunities for all
workers
To promote cottage industries on an individual or cooperation bases in rural areas
Minimum wage: bare needs Like food, shelter, clothing
Living wage: minimum wage + education, health, insurance etc
Fair wage: between Minimum wage and Living wage
ARTICLE 43A:
To take steps to secure the participation of workers in the management of industries(Added by
42nd CA 1976)
To raise the level of nutrition and the standard of living of people and to improve the public
health
ARTICLES 43B: To promote voluntary formation, autonomous functioning democratic control and
professional management of cooperative societies (Added by 97th CA 2011)
ARTICLES 44: To secure for all citizens a uniform civil code throughout the country
ARTICLES 45:
To provide early childhood care and education for all children until they complete the age of six
years
86th CA 2002 change the text to "until the age of six years" Originally, provision for free and
compulsory education for all children until they complete age of 14 years.
Made elementary education a fundamental right
ARTICLES 46: To promote the educational and economic interests of SCs, STs and other weaker
sections of the society and to protect them from social injustice and exploitation
ARTICLES 47:
To raise the level of nutrition and the standard of Living of people and to improve public health
To prohibit the consumption of intoxicating drinks and drugs which are injurious to health
ARTICLES 48:
To prohibit the slaughter of cows, calves and other mulch and draught cattle and to improve
their breeds
To organise agriculture and animal husbandry on modern and scientific Lines
ARTICLES 48A: To protect and improve the environment and to safeguard forests and wildlife Added
by 42nd CA 1976
ARTICLES 49: To protect monuments, places and objects of artistic or historic interest which are
declared to be of national importance
ARTICLES 50: To separate the judicial from the executive in the public services of the state
ARTICLES 51:
To promote international peace and security and maintain just and honourable relations between
nations
To foster respect for international Laws and treaty obligations
To encourage settlement of international disputes by arbitration
CLASSIFICATION OF DPSPS
a) SOCIALIST PRINCIPLE: These principles reflect the ideology of socialism. They lay down the
framework of a democratic socialist state, aim at providing social and economic justice, and set the
path towards welfare state.
b) GANDHIAN: These principles are based on Gandhian ideology. They represent the programme of
reconstruction enunciated by Gandhi during the national movement. In order to fulfil the dreams of
Gandhi, some of the ideas were included as Directive Principles
c) LIBERAL INTELLECTUAL: The principles included in this category represent the ideology of Liberalism.
They direct the state by Articles 44, 45, 48, 48A, 49, 50, 51.
ARTICLE KEYWORD CLASSIFICATION
38 Welfare of people, justice, equality SOCIALIST
39 Livelihood, equitable distribution of resources, equal pay for equal work, SOCIALIST
healthy development of children
39A Equal justice, free legal aid to poor SOCIALIST
40 Village panchayats GANDHIAN
41 Right to work, education, public assistance SOCIALIST
42 Just and humane conditions of work, maternity relief SOCIALIST
43 Living wage, standard of living, social and cultural opportunities; SOCIALIST;
Cottage industries GANDHAIN
43A Workers participation in management of industries SOCIALIST
44 Uniform Civil Code LIP
45 Early childhood care and education LIP
46 Education and economic opportunities for SCs, STs, weaker sections GANDHIAN
47 Raise nutritional level, standard of living, public health; SOCIALIST;
Prohibit intoxicating drinks and drugs GANDHIAN
48 Prohibit slaughter of cows, calves and mulch and drought cattle, improve GANDHIAN;
their breeds;
Organise agriculture and animal husbandry on scientific lines LIP
48A Protect environment, forests and wildlife LIP
49 Protect places/monuments of artistic/historic importance LIP
50 Separate judiciary from executive in public services LIP
51 International peace and security LIP
vital economic issues are given the same status as sentimental issues
Out-Dated for the 21st century
Can create constitutional conflicts
a) E.g.: If the Centre directs the states to implement a and the State does not comply, the state
government can be dismissed. Similar conflicts can occur between the President and PM, or
the Governor and CM
UTILITY 0F DPSPs
Fundamental to the governance of the country
Embody the social justice aspect of the constitution
Ambedkar: The Directives lay the path for an economic democracy (FR: political democracy).
So they supplement FRs.
Implementation of DPSPs creates better conditions for realisation of FRs.
Directions for creating a welfare state and a social revolution
Moral precepts, educative value
They remind the state of the basic principles of the social and economic order that the Constitution
aims to build
Help courts in the judicially reviewing the Constitutional validity of Laws
An ideological guide, they secure some continuity in policies in spite of a party-system democracy
A common political manifesto
A test for the government's performance
A standard for judging the work of the government
IMPLEMENTATION OF DPSPs
Through 5 year plans, which aimed towards socio-economic justice and reducing inequalities
Through Laws (Central and State)
Article 39: Equal pay for equal work for men and women {Equal Remuneration Act (1976)}
Article 42: To make provision for just and humane conditions of work and maternity relief {Maternity
Benefits (Amendment) Act (2016)}
Article 40: To organise village panchayats and endows them with necessary powers and authority to
enable them to function as units of self-government (73rd CA 1992)
Similarly, states have made various laws to implement DPSPs like Land reform Laws.
We are working towards realisation of the DPSPs: e.g.: UCC (Article 44)
OTHER DIRECTIVES
Outside of Part IV
Non-Justiciable as well
Equally Important
The constitution must be read as a whole
Article 335: (Part XVI)- Claims of SCs and STs to services
Article 350A: (Part XVII)- Instruction in mother tongue
Article 351: (Part XVII)- Development of Hindi Language
COMPARING DPSP WITH SUSTAINABLE DEVELOPMENT GOALS(SDGs)
SUSTAINABLE DEVELOPMENT GOALS
The Sustainable Development Goals (SDGs), or the Global Goals, are a universal call to action to
end poverty, protect the planet and ensure that at all people enjoy peace and prosperity
There are 17 goals with 169 targets
They cover social and economic development issues including poverty, hunger, health,
education, global warming, gender equality, water, sanitation, energy, urbanization,
environment and social justice.
PYQs
2017 PELIMS 17. Consider the following statements :
With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations
upon
1. legislative function. 2.executive function
Which of the above statements is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
2017 PELIMS 7. Which principle among the following was added to the Directive Principles of State Policy by
the 42nd Amendment to the Constitution?
(a) Equal pay for equal work for both men
(b) Participation of workers in the management of industries
(c) Right to work, education and public
(d) Securing living wage and human and women management of industries assistance conditions of work to
workers
Explanation: AR 43A: to take steps to secure the participation of workers in the management of industries
2015 PELIMS 7. Consider the following statements regarding the Directive Principles of State Policy:
1. The Principles spell out the socio- economic democracy the country
2. The provisions contained in these Principles are not enforceable by any court.
Which of the statements given above is/are correct?
(a) 1 only. (b) 2 only (c) Both 1 and 2 (d) Neither nor2
2015 PELIMS 89. The ideal of ‘Welfare State' in the Indian Constitution is enshrined in its
(a) Preamble. (b) DPSP (c) FRs (d) 7th Schedule
2014 PRELIMS In the Constitution of India, promotion of international peace and security is included in the
(a) Preamble. (b) DPSP (c)FDs (d) 9th Schedule
Explanation: Article 51: to promote international peace and security and maintain just an honorable
relations between nations between nations; to foster respect for international Law and treaty obligations,
and to encourage settlements of international disputes by arbitration
2013 PRELIMS Acc. To Constitution of India, which of the following are the fundamental for the governance
of country
(a) FRs. (b) FDs (c) DPSP (d) FRs & FDs
2013 PRELIMS ‘Economic Justice’ as one of the objectives of the Indian constitution has been provided in
(a) Preamble and FRs. (b) Preamble and DPSP. (c)FRs and DPSP. (d)None of the above
3. 2015 83 "To uphold and protect the sovereignty, Unity and Integrity of India" is a provision made in the
(a) Preamble of the Constitution (b) Directive Principles of State Policy
(c) Fundamental Rights (d) Fundamental Duties
Once affirmative response of half the states is received, the response of the rest of the states does not
matter (whether negative, positive or withheld)
Provisions that can be amended in such a way:
Election of the President and its manner
Executive and legislative power of the Union and the States
Supreme Court and High Courts
7th Schedule
Representation of states in Parliament
Article 368 itself
SPECIAL MAJORITY
All other provisions that can be amended. E.g.: Fundamental Rights, DPSP
Special Majority: More than 50% of the total membership of each house and a majority of two-thirds
of the members of each house present and voting.
Total membership means the total number of members comprising the house irrespective of fact
whether there are vacancies or absentees.
ARTCILE 13
Provides for Judicial review
All Laws that are inconsistent with or in derogation of any FR shall be void
SC under Article 32 and HC's under Article 226 have the power of judicial reviews
"Law" for the purposes of Article 13 is
Laws enacted by legislatures
Ordinances
Executive legislation like order, bye-law, rule- regulation or notification
Custom or usage having the force of Laws
Article 13 does not define a CA as a Law, but SC said that a CA can be challenged for violating an FR that
forms a part of the basic can structure of the Constitution (Keshavananda Bharati case, 1973)
In 1967: Golaknath case
17th CA: included more acts in the 9th Schedule, removing them from the scope of judicial reviews
Abridged right to property
SC: FRs are 'transcendental and immutable'
Parliament cannot abridge them
CA's are laws under Article 13
Parliaments reaction:
24th CA 1971
Amended Article 13: CA not a Law under the definition of Article 13
Amended Article 368: Parliament has the power to take abridge/take away FRs
In 1973: Keshavananda Bharati Case
SC overruled its Golaknath judgement
Upheld 24th CA: Parliament can abridge FRs
Created the doctrine of 'basic structure'/basic features'
Parliament cannot alter this basic structure under Article 368
Parliaments reaction:
42nd CA 1976
Amended Article 36s: there is no Limitation on the constituent power of the Parliament to amend
the constitution
Amendments cannot be judicially reviewed
In 1980: Minerva Mills Case
SC said: Judicial Review is a basic feature of the constitution & the parliament cannot abridge it
Parliament has a limited power to amend the constitution
It can’t use the limited powers to give itself unlimited powers
In 1981: Waman Rao case
SC said: The basic structure doctrine to apply to all CAs enacted after 24th April 1973, i.e. after the
Keshavananda Bharati Judgement.
The doctrine forms the basis of a limited power of the SC to review and strike down constitutional
amendments enacted by the Parliament which conflict with or seek to alter this "basic structure" of the
Constitution.
The basic structure doctrine applies only to constitutional amendments, not to ordinary Acts of
Parliament.
Although Keshavananda was decided by a narrow margin of 7-6, the basic structure doctrine has since
gained widespread acceptance and legitimacy due to subsequent cases and judgments.
The influence extends to Commonwealth Countries sharing the judicial system with India. The basic
structure doctrine was adopted by the SC of Bangladesh in 1989, by expressly relying on the
reasoning in the Keshavananda case.
SC declared that the basic structure/features of the constitution is resting on the basic foundation of the
constitution.
The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme
importance and cannot be destroyed by any legislation of the parliament.
The basic features of the Constitution have not been explicitly defined by the Judiciary, and the claim of
any particular feature of the Constitution to be a "basic" feature is determined by the Court in each case
that comes before it.
At least, 20 features have been described as "basic" or "essential" by the Courts in numerous cases, and
have been incorporated in the basic structure.
INTRODUCTION
1. The relationship between the executive and the legislature is the basis for classification of democracies as
parliamentary or presidential.
2. Presidential: executive is independent
3. Parliamentary: executive is responsible to the o of the legislature
4. Parliamentary: aka Cabinet government, responsible government, Westminster model, prime ministerial
government
• Britain, Japan, Canada, India
5. Presidential: non-responsible, non-parliamentary, fixed executive system
• USA, Brazil, Russia, Sri Lanka
INDIA'S SYSTEM
1. Parliamentary System
2. Enshrined in Article 74 and 75 for the Centre
a. Article 74: Council of Ministers to aid and advise the President
b. Article 75: Other provisions as to ministers
3. Articles 163 and 164 for the states
a. Article 163: Council of ministers to aid and advise the Governor
b. Article 164: Other provisions as to ministers
4. India chose the Parliamentary system because
a. India was familiar with it
b. Preference for more responsibility, which is given by the Parliamentary system (while Presidential
system gives more stability, but less responsibility)
c. Need to avoid legislative-executive conflicts to conserve an infant democracy.
d. Parliamentary system gives more scope for representation, which is apt for India diverse population.
e. Swaran Singh Committee studied in the 1970's if the Parliamentary system should be replaced by the
Presidential system in India. 1975 report recommended that there was no need for change on this
account
FEATURES OF PARLIAMENTARY GOVERNMENT
1. Nominal and Real Executives
a. Nominal: de jure, titular
• President
b. Real: de facto
• Prime Minister
(Article 74 says that advice of the council of ministers, led by the Prime Minister is binding on the
President)
2. Majority Party Rule
3. Collective Responsibility
a. Ministers are collectively responsible to the Lok Sabha (Article 75)
b. They can be removed if the Lok Sabha passes a vote of no-confidence
4. Political Homogeneity: members of the council of ministers usually belong to the same political party
(unless its a coalition government)
5. Double membership: ministers are members of both the executive and the legislature
6. Leadership of the Prime Minister, which gives him a crucial role in the govt.
7. Dissolution of the Lok Sabha before the end of its term
a. Possible on recommendation of the Prime Minister to the President
b. The executive enjoys the right to get the legislature dissolved in a parliamentary system
8. Secrecy: Ministers take an oath of secrecy before entering office, administered by the President
FEDERAL FEATURES
1. Dual Polity
The Centre and the State are both endowed with sovereign powers in the fields assigned to
them by the Constitution.
Union govt deals with matters of national importance like defence, foreign affairs, currency,
communication and so on. While state govt deals with matters of regional importance like
agriculture, public order, health, local govt and so on.
2. Written Constitution
Specifies the organisation, powers, role etc of the Centre and the States
Avoids misunderstands and disagreements between the two
3. Division of powers
Constitution provides for division of subjects in the 7th Schedule.
Union List, State List, Concurrent List
Residuary subjects: not mentioned in any of the lists. Power lies with the Centre.
4. Supremacy of the Constitution
Laws of the Centre and States must conform to the Constitution
Thus the Centre and States must operate with the jurisdiction prescribed by the Constitution
The judiciary's power of judicial reviews can declare any excesses invalid
5. Rigid Constitution
Any provisions of the Constitution that relate to the federal scheme can be amended only
with a special majority of each house and the ratification of half of the states.
6. Independent judiciary
Protects the Supremacy of the Constitution using the power of Judicial review
Settles disputes between the Centre and the States or between states
7. Bicameralism
Rajya Sabha represents the State of India at the Centre
Lok Sabha represents the people of India as a whole
Rajya Sabha maintains federal equilibrium by protecting the interests of the states against 'the
undue interference of the Centre
UNITARY FEATURES
1. Strong Centre
Division of powers is in favour of the Centre
Inequitable
Union List has more subjects than State List
Residuary powers are with the Centre
2. States are not indestructible
The Parliament can unilaterally change the area, boundaries and name of any state with a
simple majority
3. Single Constitution
Only exception: J&K
Otherwise States do not have the right to frame their own Constitution
4. Flexibility of the Constitution
More than what is found in other federal nations
Power to initiate amendment is only with the Centre
5. No equality of state representation
Membership in Rs varies from 1 to 31 members
Unlike the American senate, which has 2 members from each state
6. Emergency Provisions
which convert the federal structure into a unitary one without a formal amendment of the
Constitution
7. Single citizenship
www.AroraIAS.com Telegram: https://t.me/Aroraias Laxmikant Ch-13
3
Most other federal states like USA, Australia etc have national and state citizenship but India
has only one citizenship i.e. national citizenship
8. Integrated Judiciary
A single system of courts enforces both Central and state laws
USA: federal judiciary enforces federal laws. State judiciary enforces state laws
9. AlL India Services
Central and State governments have separate public services, but in addition there are also
all-India services
IAS, IPS and IFS
Members are recruited and trained by the Centre, which also have ultimate control over
them. But they also work for states. This violates the federal principle of the Constitution
10. Integrated Audit Machinery
CAG audits accounts of the Central and the State governments
S/he is appointed or removed by the President, without consulting the states
This restricts the financial autonomy of the states
11. Parliaments Authority over the State
List passes a resolution accordingly in national interest
This does not need a constitutional amendment, or an emergency situation
12. Appointment of Governor
The head of the state is appointed by the President
Acts as an agent of the Centre, through whom the Centre exercises control over the states
13. Integrated Election Machinery
The Election Commission is constituted by the President.
States have no say in its membership.
14. Veto over state bills
The governor can reserve certain types of bills passed by the state legislature for the
consideration of the President.
President can withhold assent to these bills in the first and the second instance (absolute
veto)
CRITICAL ANALYSIS
The Indian Federal scheme has deviated considerably from traditional federal systems Like US,
Switzerland or Australia
Described as quasi-federal, bargaining federalism, cooperative federalism
A unitary state with federal features
K Santhanam: two factors responsible for increased unitary bias in the Indian system
o Dominance of the centre in terms of finances, with states dependent on the Centre for grants.
o Planning Commission, which controlled the developmental process in states.
BR Ambedkar: The Constitution is federal in as much it establishes a federal polity.
Both the Union and the States are created by the Constitution, and both derive authority from it.
Yet the Constitution avoids the tight mould of federalism and could be both unitary and federal
according to the requirements of time and circumstances
Basic principle of federalism: legislative and executive authority is partitioned between the Centre
and the States by the Constitution (not by Laws)
This the Constitution does.
The states are in no way dependent on the Centre for their legislative or executive authority.
SR Bommai case (1994): federalism is a basic feature of the Constitution
Within the sphere allowed to states, they are supreme, not mere appendages of the Centre.
Emergency powers are an exception, not the rule.
Federalism in India is a matter of principle, not of administrative convenience.
It is the outcome of our own process and a recognition of the ground realities of India
Federal Trends in the Indian political system:
Coming up of regional parties
www.AroraIAS.com Telegram: https://t.me/Aroraias Laxmikant Ch-13
4
Creation of states to fulfil regional aspirations development needs interference by the Centre
Demand of states for financial grants for their
Assertion of autonomy by states, resistance of interference by the centre.
Territorial Disputes between the states, for e.g.: Karnataka and Maharashtra over Belgaum
Disputes between states over sharing of river water, for e.g.: Between TN and Karnataka over
Cauvery river.
SC’s imposition of several procedural limitations on the use of Article 356 (President’ Rule in
state) by Centre
Federalism in India is a compromise between a normal division of powers in which states enjoy their
autonomy, and the heed for national integrity and a strong Union government under exceptional
circumstances,
PYQs
PRELIMS 2015 100. Which one of the following is not a feature of Indian federalism?
(a) There is an independent judiciary in India
(b) Powers have been clearly divided between the Centre and the States.
(c) The federating units have been given unequal representation in the Rajya Sabha
(d) It is the result of an agreement among the federating units
MAINS
2014 Though the federal principle is dominant in our Constitution and that principle is one of its basic
features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong
Centre, a feature that militates against the concept of strong federalism. Discuss
ANSWER
Federalism is a form of govt. in which the sovereign authority of political power is divided between
various units-Centre, state, Local govt etc. It is a tool of political convenience intended to reconcile
national unity and integrity But Indian constitution is also one which emphasizes the concept of
"cooperative federalism"
Indian federalism was designed on the models of USA, Canada and Australia. Yet, it has its own
distinctive features and deviates from the traditional 'federalism'
Federal characteristics: Dual polity- 7th, 11th and 12th schedule distributing powers, Supreme
constitution-written and controlled(rigid), authority of courts- Supreme Court's judgement
amount to law of Land.
Deviations:
a. Legislative relations: Under art 249, Parliament can make law on state List in national interest. Under
art 253 for giving effects to international agreements. Under art 246, primacy given to Union's
legislation in case of overlap
b. ALL India services
c. Art 356: Executive power of state needs to conform to parliament's Laws and executive directions.
Union can impose President's rule if this is violated
d. Parliament can form new states, alter boundaries of existing states,
e. Appointment of governors: they are answerable to President and not state. They can withhold state
Law under certain circumstances and send it to President who is not bound to give her assent
f. Emergency powers: Distribution of powers between state and centre undergo a vital change in
favour of centre. Under Art 356 state Legislature can be dissolved.
g. Single and Uniform citizenship plus integrated judiciary
h. India is a single economic unit for purposes of trade and commerce under the overall control of
centre.
i. Residuary powers of legislation rest with parliament.
j. Stakes have no rights to secede
The SC in its judgements in Ram Dawaya V State of Pun jab (19ss) and Kuldip Nayar V UOI(2006) has said that
federalism in India leans in favour of a strong centre. Indian constitution is thus unique because of its mode
of formation i.e. from union to states and not vice versa. Art 1 terms India into Union of states and not
federation. It is both unitary and federal according to requirements of time and circumstances leading some
to call it quasi federal.
PRELIMS 21. The Parliament can make any law for whole or any part of India for implementing
international treaties
(a) with the consent of all the States
(b) with the consent of the majority of States
(c) with the consent of the States concerned
(d) without the consent of any State
Objectives:
To achieve emotional integration of country
To help arrest the growth of acute state- consciousness, regionalism, Linguist, and particularistic
trends
To help remove the after-effect of separation in new states the states so that the process of
reorganisation, integration and economic advancement may synchronise
To enable the Centre and state to cooperate with each other in social and economic matters and
exchange ideas and experience in order to evolve uniform policies
To cooperate with each other in the successful and speedy execution of major development
projects
To secure a level of political equilibrium between different regions of the country
NORTH EASTERN COUNCIL
Created by the North-Eastern Council Act of 1971
Members: o Assam, Manipur, Mizoram, Arunachal Pradesh Nagaland, Meghalaya, Tripura and Sikkim
Functions Like that of the other zonal councils
Few additional functions:
Formulate a unified and coordinated regional plan covering matters of common importance
Review periodically the measures taken by the member' states for maintenance of security and
public order in the region
HEADQUARTERS OF ZONAL COUNCILS
ZONE MEMBERS HEADQUARTER
North J&K, Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi, Chandigarh New Delhi
Central UP, Uttarakhand, Chhattisgarh, MP Allahabad
East Bihar, Jharkhand, West Bengal, Odisha Kolkata
West Gujarat, Maharashtra, Goa, Dadar and Nagar Haveli, Daman and Diu Mumbai
South Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Puducherry Chennai
3. FR DURING EMERGENCY
Discussed under Article 358 and 359
Article 358: suspension of rights under Article 19 during emergency
Article 359: suspension of other Fundamental rights, except those under Article 20 and 21
a) ARTICLE 358
Article 19 is automatically suspended when a national emergency is declared
ONLY on grounds of external aggression or war, not on grounds of armed rebellion
(44th CA 1978)
Only those laws which are related to the Emergency are protected from being
challenged, not other Laws
Executive action is protected
No separate order is needed
When emergency ends, Article 19 is automatically revived
b) ARTICLE 359
Suspension of other FRs
Except Article 20 and 21
These rights need to be specified in a Presidential Order
Right to seek remedy for them is suspended
Suspended for whole or part of the duration of the emergency
Suspended in whole or part of the territory in which Emergency is operational
Presidential order should be laid before each house of the Parliament
When the Presidential order ceases to operate, any, or any part of the country Law made
under it in derogation of FRs also ceases to operate
44th CA 1978:
President cannot suspended the right to move to court for the enforcement of Article
20 and 21
Only those Laws which are related with the emergency are protected from being
challenged and no other Laws
Executive action under such Laws is protected
D. CHANGES UNDER 44th CA
Declaration of national emergency must be approved in one month by both Houses of the
Parliament. Earlier two months
Grounds for declaration: Armed rebellion earlier internal disturbances')
Term replaced as it was vague.
The 1975 Emergency was declared on grounds of 'internal disturbances
President can only declare emergency after a written recommendation of the Cabinet
Periodic approval by the Parliament.
Earlier, Emergency operation as long as the Executive desired
Every continuation resolution must be passed by a special majority by each House of the
Parliament.
Earlier, simple majority
Article 19 is automatically suspended when a national emergency is declared
Changes by 44th CA 1978
ONLY on grounds of external aggression or war, not on grounds of armed rebellion
PRELIMS 2017 96. Which of the following are not necessarily the consequences of the proclamation of the
President's rule in a State?
1. Dissolution of the State Legislative
2. Assembly 2. Removal of the Council of Ministers in the State
3. 3. Dissolution of the local bodies
Select the correct answer using the code given below
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1,2 and 3