Constitutional Framework & Citizenship
|Regulating Act, 1773||• British government to regulate affairs of East India Company.• Designated Governor of Bengal as Governor General of Bengal. Warren Hastings was the firstGovernor General of Bengal.• Established a Supreme Court at Calcutta (1774).|
|Pitts India Act, 1784 ||• Indian affairs under direct control of British government.• Board of Control was established to manage political affairs.|
|Charter Act of 1793||• Salary of company to drawn from the Indian exchequer.• The Governor General and governors to override the decision of Councils.• Company got monopoly of trade with India for another 20 years.|
|Charter Act of 1833||• Governor General of Bengal became Governor General of India.• Lord William Bentinck was the first Governor General of India.• The Act centralized British rule in India.• Created Government of India, with authority over all of British India.• East India Co. lost its monopoly of tea trade and China trade.• The Indian Civil Services was founded.|
|Charter Act of 1853||• Separated legislative & executive functions of Governor General’s Council.• Civil Services was thrown open to Indians also.• Patronage of the directors of the company ends.• It introduced local representation in the Indian (Central) Legislative Council.• It abolished the East India Company.|
|Government of India Act 1858||• This Act is known as the Act for the Good Government of India.• Designation of Governor-General of India was changed to that of Viceroy of India.• Lord Canning became the first Viceroy of India.• It created a new office of Secretary of State for India.• It abolished the Board of Control and Court of Directors.• The Secretary of State was responsible ultimately to the British Parliament.|
|Indian Councils Act 1861||• Viceroy should nominate some Indians as non-official members of his expanded council.• It initiated the process of decentralization by restoring the legislative powers to Bombay and Madras Presidencies.• It provided for establishment of new legislative councils for Bengal, NWFP and Punjab.• It recognized the ‘Portfolio’ system, introduced by Lord Canning in 1859.|
|Indian Councils Act:1892||• It added the number of non-official members in the central and provincial legislative councils.• The act made a limited and indirect provision for the use of elections.|
|Indian Councils Act:1909 (Morley-MintoReforms.||• Lord Morley was then the secretary of state for India and Lord Minto was then the viceroy ofIndia).• It increased the size of the legislative councils, both central and provincial.• It enlarged the deliberative functions of the legislative councils of both the levels.• It introduced a system of communal representation for Muslims by accepting the concept of‘separate electorate’.• Lord Minto is known as the Father of Communal Electorate.• It also provided for association of Indians with the executive councils of the Viceroy andGovernors.|
|Government of IndiaAct: 1919/ Montague– Chelmsford Reforms.||• Montague was the secretary of state for India and Lord Chelmeford was the viceroy of India.• This Act is also known as Act of Devolution.• It demarcated and separated the central and provincial subjects.• Provincial subjects were divided into transferred and reserved subjects.• It provided for the establishment of a Public Service Commission.• It created a new office of the High Commissioner for India in London.• Transferred subjects were administered by Governor with the help of ministers who wereresponsible to the legislature.• Reserved subjects were administered by Governor and executive council who were notresponsible to the legislature.• Dyarchy/ Dual system of government was introduced.• Bicameral legislature with upper and lower houses were formed with direct elections.• Majority of members in both houses were directly elected.• 3 of the 6 members of governor-general’s council had to be Indians.|
|Simon Commission:(1927)||• 7 members Statutory Commission Constituted to report o the Condition of India under its newConstitution.• The Commission recommended the abolition of dyarchy, extension of responsible governmentin the provinces.• Establishment of a federation of British India and Princely states was recommended but it nevercame into existence.• A white paper on constitutional reforms was prepared based on the recommendations of SimonCommission.|
|Communal Awards:(1932)||• Announced by the British Prime Minister Ramsay MacDonal.• It announced a scheme of representation of the minorities, which came to be known as theCommunal Award.|
|Poona Pact: (1932)||• Gandhiji undertook fast undo death in Yeravada jail against the extension of Communal Award.• At last there was agreement between the leaders of the Congress and the depressed classes.|
|Government of IndiaAct: 1935||•• It provided for the establishment of an all-India Federation consisting of provinces and princelystates as units. However such a federation never came into existence.•• It abolished dyarchy in the provinces and introduced ‘provincial autonomy’.•• It provided for the adoption of dyarchy at the centre.•• It introduced bicameralism in six out of eleven provinces.•• It extended the principle of communal representation by providing separate electorates for depressedclasses (Scheduled Castes), women and labour (workers).•• It abolished the Council of India.•• It provided for establishment of a Federal Court.•• It provided for the establishment of a Federal Public Service Commission.•• It provided for the establishment of Reserve Bank of India.•• Introduced responsible governments in provinces.|
|The August Offer,1940||• Establishment of an Advisory War Council.• A “Constitution making Body” shall be appointed immediately after the war.• The number of Indians in the Viceroy’s Executive Council to be increased.|
|Cripps Mission: 1942||• The Constitution of India was to be framed by an elected Constituent Assembly by the IndianPeople.• India to get a Dominion states.• There shall be on Union of India comprising all the British provinces and princely states.• The British provinces and princely states would be free to retain their existing constitutionalposition.|
|C.R. Formula, 1944||• The Muslim League would support the Congress’s demand for complete freedom.• As the end of was a Commission would demarcate these contiguous areas in NWFP and NEIwhere Muslims were in majority.|
|Wavell Plan: 1945||• A new Executive Council was to be formed at the Centre.• Except the Viceroy and the Commander in Chief, all other members of the new ExecutiveCouncil are to be Indians.• All portfolios except the Defence would be held by the Indian Members|
|Lord Attlee’s Announcement,March1946||• On 15 March 1946, Lord Attlee declared that as the tide of nationalism was surging ahead inIndia, it was in British interest to take positive action.|
|Cabinet MissionPlan: 1946||• Objective of the Mission was to help India achieve its independence as early as possible.• The Cabinet Mission rejected the claim for a separate Constituent Assembly and a separate statefor the Muslim.• There was to be a Union of India, comprising both British India and the states having jurisdictionover the subjects of Foreign Affairs, Defence and Communication.• All residency powers were to be vested in the Provinces and the states.• The Union was to have an executive and a legislature consisting of representatives of theProvinces and the states.• A Constituent assembly should be set up to draw up the future Constitution of the country.|
|Indian IndependenceAct, 1947||• It abolished the office of Viceroy and provided for each dominion a governor general.• It empowered the constituent Assemblies of the to dominions to frame and adopt any constitutionfor their respective nations.• It abolished the office of the Secretary of State for India.• It granted freedom to the Indian princely states either to join the Dominion of India or Dominionof Pakistan or to remain independent.• Declared India as independent & sovereign state.• Established responsible government at the centre & Provinces.• Designated governor general of India & Provincial Governors as Constitutional heads ornominal heads.• Lord mount batten became the first governor general of free India. The first & last IndianGovernor General was C. Rajagopalachari.|
INTERIM GOVERNMENT in 1946
|1.||Jawahar lal Nehru||External Affairs andCommonwealth Relations|
|2.||Sardar VallabhbhaiPatel||Home, Informationand Broadcasting|
|3.||Dr RajendraPrasad||Food and Agriculture|
|4.||Dr John Mathai||Industries andSupplies|
|7.||CH Bhabha||Works, Mines andPower|
|8.||Liaquat Ali Khan||Finance|
|9.||Abdur Rab Nishtar||Posts and Air|
|10.||Asaf Ali||Railways and Transport|
|11.||C Rajagopalachari||Education and Arts|
|12.||Ibrahim Ismail Chundrigar||Commerce|
|14.||Joginder Nath Mandal||Law|
FIRST CABINET OF FREE INDIA
|1.||Pt. Jawaharlal Nehru||Prime Minister, ExternalAffairs and Commonwealth Relation;Scientific Research|
|2.||Sardar VallabhbhaiPatel||Home, Information andBroadcasting; States|
|3.||Dr. Rajendra Prasad||Food and Agriculture|
|4.||Maulana Abul KalamAzad||Education|
|5.||Dr. John Mathai||Railways and Transport|
|7.||Dr. BR Ambedkar||Law|
|9.||Sardar Baldev Singh||Defence|
|10.||Raj Kumari AmritKaur||Health|
|12.||Rafi Ahmed Kidwai||Communication|
|13.||Dr. Shyama PrasadMukherji||Industries and Supplies|
|14.||V.N. Gadhil||Works, Mines and Power|
Sources from where elements of Indian Constitution have been borrowed:
|1.||Governmentof India Act,1935||• Federal scheme.• Emergency powers.• Ordinance defining the power of thePresident and Governors.• Office of the Governor.• Judiciary.• Administration at the centre andstate level.|
|2.||UnitedKingdom||• Parliamentary system.• Bicameral parliament.• Prime minister.• Council of ministers.• Single citizenship.• Office of CAG.• Writ jurisdiction of courts.• Rule of law.|
|3.||USA||• Written constitution.• Fundamental rights.• Supreme Court.• President as executive head of the state.• Impeachment of the president, removal ofSC and HC judges.• Vice President as chairman of Rajya Sabha.• Judicial review, independence ofjudiciary.|
|4.||Australia||• Concurrent list.• Cooperative federalism.• Joint sitting of two houses of parliament.|
|5.||USSR||• Fundamental duties.|
|6.||WeimerConstitutionof Germany||• Suspension of fundamental rights duringemergency.• Ballot system.|
|7.||Canada||• Federal system.• Residuary powers.• Appointment of Governor.• Advisory jurisdiction of SC.|
|8.||South Africa||• Procedure of constitutional amendment.• Electing member to Rajya Sabha.|
|9.||Ireland||• Concept of directive principlesof statepolicy.• Nomination of members to RajyaSabhaby the President.• Presidential election.|
Making of Indian Constitution:1. The first non-official attempt for drafting a Constitution of India was made in the form of “The Constitution of India Bill” in 1985.2. The idea of Constituent Assembly for making the Constitution was first mooted by M. N. Roy in 1934.3. Official demand for formation of Constituent Assembly was made by Indian National Congress in 1935.4. The demand was accepted in August Offer in 1940.5. In November, 1946 a Constituent Assembly was formed as per Cabinet Mission plan.6. The idea of two constituent assemblies was rejected by the Cabinet Mission plan.
Composition of the Constituent Assembly:
1. The total strength of the Constituent Assembly was to be 389. (296 seats were allotted to British India and 93 seats to be Princely states).
2. Each province and princely state were to be allotted seats in proportion to their respective population.
3. Seats to each British province were to be divided among the Muslims, Sikhs and General.
4. Voting was to be held by the method of proportional representation by means of single transferable vote.
5. The members from princely states were to be nominated by the heads of the princely states.
6. Therefore, the Constituent Assembly was partly elected and partly nominated.
7. Although the Constituent Assembly was not directly elected by the people of India on the basis of adult franchise, the Assembly comprised representative of all sections of Indian society.
8. First meeting of Constituent Assembly was held on Dec 9, 1946.
9. Muslim League boycotted the constituent assembly.
10. Dr. Sachidanand Sinha, the senior most member of the assembly, was elected as the temporary president of the assembly.
11. Dr. Rajendra Prasad was elected as the permanent president of the assembly.
12. Sir B. N. Rau was appointed as the legal advisor to the assembly.
13. An Objective Resolution’ was moved by Jawaharlal Nehru on Dec. 13, 1946, which later became the Preamble to the constitution.
14. On the 26th November, 1949 the Constitution was declared as passed after the President of the Assembly signed the document. Thus on 26th November, 1949 the constitution of India was adopted. Thecommencement of the constitution began on 26th Jan. 1950.
15. Provisions relating to citizenship, elections, provisional parliament, and temporary provisions became effective from 26th November, 1949.
16. On January 24, 1950 the constituent assembly held its final session. It had continued as a provisional parliament from 26 January, 1950 till the formation of new parliament in May, 1952.
17. First ‘Draft Constitution of India’ was published in Feb, 1948. It was prepared by Sir B. N. Rau, Constitutional Advisor to the Constituent Assembly.
18. Dr. B. R. Ambedkar is considered the father of the Indian constitution.
19. The constituent assembly took almost 3 years (2 years, 11 months & 18 days) to draft the constitution for independent India.
20. It held 11 sessions covering a total of 165 days.
Committee of the Constituent Assembly and its Members:
|1.||Drafting CommitteeMembers:• Alladi Krishnaswamy Ayyar• N. Gopala Swami Ayyangar• Dr. KM Munshi• Syed Mohammad Saadullah• N Madhava Rao• TT Krishna Machari||Dr. B.R. Ambedkar|
|2.||Flag Committee||J. B. Kriplani|
|3.||Union Constitution Committee||Jawaharlal Nehru|
|4.||Provincial Constitution Committee||Sardar Vallabh BhaiPatel|
|5.||Union Powers Committee||Jawaharlal Nehru|
|6.||Committee on FundamentalRights and Minorities||Sardar VallabhBhai Patel|
|7.||Special Committee to Examinethe Draft Constitution||AlladiKrishnaswamyIyer|
|8.||Finance & Staff Committee||Dr. RajendraPrasad|
|9.||Ad-hoc Committee on SupremeCourt||S. Varadachariar|
|10.||Ad-hoc Committee on NationalFlag||Dr. RajendraPrasad|
|11.||Committee on Chief Commissioners’Provinces||B. Pattabhi Sitaramayya|
Salient Features of Indian Constitution:
(i) Bulkiest Constitution of the WorldIndian Constitution is the one of longest Constitution in the world. Originally it contained395 Articles, 22 Parts and 8 Schedules. After amendments till date, there are more than 447Articles, 24 Parts and 12 Schedules.
(ii) Combination of Rigidity and FlexibilityThe Indian Constitution is a combination of rigidity and flexibility. While some provisions of the Constitutioncan be amended by the Parliament by a simple majority, others require a two-third majority of the members ofthe parliament as well as ratification of not less than one half of the state legislatures (Article 368). Again, someprovisions of the Constitution can be amended by the parliament alone by a two-third majority.
(iii) Parliamentary System of GovernmentThe Constitution provides for a parliamentary system of government under which the real executive power restswith the council of ministers and the president is only a nominal head. The council of ministers stay in office aslong as they enjoy the confidence of the Parliament.
(iv) Federal System with a Unitary BiasThe Indian Constitution provides for a federation with a strong centre. It is noteworthy that the Constitutionhas not used the word ‘federation’, anywhere, and has described India as a ‘Union of States’ which implies thatthe Indian federation is not the result of any agreement among the units and the units cannot secede from it. India possesses most of the federal features but also several of the unitary features. The Indian federal structure acquires a unitary character during emergency, when the normal distribution of powers between the centre and the states undergoes vital changes.
As per KC Wheare India has a quasi federal setup.
Morris Jonnes called it as Bargaining Federalism & Granville Austine called it as Cooperative Federalism.
India is a distinct federation with following characteristics:·
Division of power.·
▪▪ Bicameral legislature.·
▪▪ Supremacy of the constitution.·
▪▪ Written constitution.·
▪▪ Independency of Judiciary.
Constitution has a unitary bias:·
Appointment of Governors by the centre.·
· Parliament’s power to legislate in national interest.
· Parliament’s power to form new states, change their names and alter boundaries of existing states.
· Emergency provisions.
· Single constitution.
· Single citizenship.
· Integrated judiciary.
· Office of CAG.
(v) Fundamental RightsThe Constitution contains an elaborate list of Fundamental Rights. The state cannot make laws which takes awayor abridge any of the fundamental rights of the citizens. If it does so, the courts can declare such a law asunconstitutional. It may be noted that the fundamental rights granted by the Constitution are not absolute andare subject to certain restrictions. In other words, the Constitution seeks to strike a balance between individualliberty and societal interests.
(vi) Fundamental DutiesThe constitution also contains a list of 11 fundamental duties. While ten of these duties were added to theConstitution by the forty second amendment in 1976, the eleventh duty was added by the 86th ConstitutionalAmendment Act (2002). These duties serve as constant reminders to the citizens that they have to observe certainbasic norms of democratic conduct.
(vii) Directive Principles of State PolicyThe Constitution outlines certain Directive Principles of State Policy which the government has to keep in mindwhile formulating any policy. These principles seek to provide social and economic basis for democracy and theestablishment of a welfare state. Unlike the Fundamental Rights, the Directive Principles of State Policy arenonjusticiable, which implies that no action can be brought against the State before a court of law for its failure ofimplementing the Directive Principles of States policy.
(viii) Secular StateThe Constitution makes India a secular state. This means that there is no state religion and the state is completelydetached from religious dogmas. It also implies that citizens are free to profess, practise and propagate anyreligion. However, freedom of religion is not absolute and the same can be regulated in the interest of the public.
(ix) Independent & Integrated JudiciaryThe Constitution provides for an independent judiciary which ensures that the government is carried on in accordance with the provisions of the Constitution. Judiciary acts as the guardian of the liberties andfundamental rights of the citizens. It also determines the limits of the powers of the centre and the states.The Constitution provides a single integrated judiciary with the Supreme Court at the top. Below the SupremeCourt, there are high Courts at the state level. Under the High Court, there are Subordinate courts.
(x) People as Source of AuthorityThe constitution draws its authority from the people and has been promulgated in the name of the people. This isevident from the Preamble which states ‘We, the people of India… do hereby adopt, enact and give to ourselvesthis Constitution.’
(xi) Universal Adult FranchiseThe Constitution introduces universal adult franchise and accords the right to vote to all citizens above 18years of age without discrimination. However, it makes reservation of seats for Scheduled Castes and ScheduledTribes to provide them adequate representation.
(xii) Emergency ProvisionsThe Constitution vests extraordinary powers in the President during emergencies arising out of armedrebellion or external aggression; emergency due to the breakdown of constitutional machinery in the state;and financial emergency when the credit of the country is threatened. In fact, during emergency the federalConstitution can virtually be converted into a unitary Constitution.
(xiii) Single CitizenshipIt provides single citizenship. All persons residing in different parts of the country are treated as Indian citizensand are entitled to the same rights of citizenship. There is no separate citizenship of states.
(xiv) Bicameral LegislatureIt provides a bicameral legislature at the centre consisting of the Lok Sabha and the Rajya Sabha. The formercontains representative of the people, while the latter contains representatives of the states.
(xv) Special Provision of MinoritiesThe Consitution makes special provision for minorities, Scheduled Castes, Scheduled Tribes, etc. It not onlyreserves seats for them in the Parliament and State legislatures, but also grants them certain special rightsand privileges.
(xvi) Panchayati RajThe Constitution provides constitutional basis to Panchayati Raj institutions as well as urban local bodies.This was achieved through the seventy-third and seventy-fourth amendments to the Constitution carriedout in December 1992.
(xvii) Synthesis of Parliamentary Sovereignty and Judicial Supremacy:a. The doctrine of Sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court.
b. The American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’contained in the Indian Constitution. The Supreme Court through its power of judicial review can declare the laws passed by the Parliament as unconstitutional. On the other hand, the Parliament can amend major portions of the Constitution.
(xviii) Basic Structure Doctrine.Certain features of the constitution are beyond the amending powers of the Parliament. All laws andconstitutional amendments which transgress the basic structure are liable to be struck down. Some of themajor features of the basic structure include; supremacy of the Constitution, republican form of government,secularism, federal character, sovereignty of the country, parliamentary democracy, fundamental rights, directiveprinciples etc. In Kesavananda Bharati Vs State of Kerala case 1973, Supreme Court propounded thedoctrine of basic structure of the constitution.
SCHEDULES IN CONSTITUTION OF INDIA:
|First Schedule||1. Names of the States and their territorial jurisdiction2. Names of the Union Territories and their extent.|
|Second Schedule||Provisions relating to the emoluments, allowances, privilegesand so on :1. The President of India2. The Governors of States3. The Speaker and the Deputy Speaker of the Lok Sabha4. The Chairman and the Deputy Chairman of the RajyaSabha5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states6. The Chairman and the Deputy Chairman of the Legislative Council in the states7. The Judges of the Supreme Court8. The Judges of the High Courts9. The Comptroller and Auditor-General of India|
|Third Schedule||Forms of Oaths or Affirmations for:1. The Union ministers2. The candidates for election to the Parliament3. The members of Parliament4. The judges of the Supreme Court5. The comptroller and Auditor-General of India6. The state ministers7. The candidates for election to the state legislature8. The members of the state legislature9. The judges of the High Courts|
|Fourth Schedule||Allocation of seats in the Rajya Sabha to the states and the union territories|
|Fifth Schedule||Provisions relating to the administration and control ofscheduled areas and scheduled tribes|
|Sixth Schedule||Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.|
|Seventh Schedule||Division of powers between the Union and the States interms of List I (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List Contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47).|
|Eighth Schedule||Languages recognized by the Constitution.Originally, it had 14 languages but presently there are 22 languages.They are: Assamese, Bengali, Bodo, Dogri (Dongri),Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.|
|Ninth Schedule||Acts and Regulations (originally 13 but presently 282)19 of the state legislatures dealing with land reforms and abolition of the Zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.|
|Tenth Schedule||Provisions relating to disqualification of the members ofParliament and State Legislatures on the ground of defection.This schedule was added by the 52nd Amendment Actof 1985, also known as Anti-defection Law.|
|EleventhSchedule||Specifies the powers, authority and responsibilities of Panchayats.It has 29 matters. This schedule was added by the73rd Amendment Act of 1992.|
|Twelfth Schedule||Specifies the powers, authority and responsibilities of Municipalities.It has 18 matters. This schedule was added bythe 74th Amendment Act of 1992.|
PARTS OF CONSTITUTION:
The term Preamble refers to the introduction or preface to the constitution. It provides a key to the understanding and interpretation of the constitution, it has, therefore, been described as the soul of the constitution. In cases of doubt the supreme court has referred to the preamble to elucidate vague aspects of the constitution.
The Constitution of India is preceded by a preamble which:
(i) indicates the source from which it derives authority; and(ii) state the objective which the constitution seeks to achieve.
It has been amended by the 42nd Amendment Act 1976 which added 3 new words– Socialist, Secular & Integrity.
‘We, the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular democratic republicand to secure to all its citizens:Justice social, economic and political;Liberty of thought, expression, belief, faith and worship;Equality of status and of opportunity and to promote among them all ;Fraternity assuring the dignity of the individual and the unity and integrity of the nation.In our Constituent Assembly this twenty-sixth day of November, 1949we do hereby adopt, enact and giveto ourselves this Constitution.’
· Supreme Court has pronounced that Preamble is an integral part of the Constitution. The importance and utility of the Preamble has been highlighted in several decision of Supreme Court.· The word sovereign means that India is both internally as well as externally free and is not dependent upon any outside authority.· The term ‘socialist’ in the Preamble refers to eliminationof inequality in income and status and standards of living.· Secularism implies that the state is only concerned with relations between various citizens and is not concerned with relations of man with God. Further, it means that the state has no religion of its own.· The term Democratic implies that the government draws its authority from the people. The rulers are elected by the people and are accountable to them.· The word republic implies that the head of the state in India shall be an elected person and shall hold office for a fixed term. The President of India is the chief executive head of India.
The preamble speaks of social, economic, and political justice.Social justice implies that discrimination on the basis of caste, race, sex or religion should cease.Economic justice implies that the gap between the rich and the poor is bridged, and that exploitation ceases.Political justice implies that all citizens should have equal opportunity to participate in the political system.
Derived from latin word ‘liber’ means freedom. Certain minimal rights must be enjoyed by every person in a community for a free and civilised existence.
All citizens are equal before law and enjoy equal protection of the laws of the land.
Fraternity means a sense of brotherhood. Fraternity is also sought to be promoted by ensuring equal rights to all. Fraternity is not possible unless the dignity of each individual is presented and respected.
Significance of the Preamble· The Preamble embodies the basic philosophy and fundamental values – Political, Moral and Religious on which the Constitution is based.
Views on Preamble:•• “The Preamble to our Constitution expresses what we had thought or dreamt so long”. – Sir Alladi Krishnaswami Iyer.
•• “Preamble is the ‘horoscope of our Sovereign democratic republic”. – K. M. Munshi
•• “Preamble is key to the constitution. It is the soul of the Constitution”. – Pandit Thakur das Bhargava.
•• “Preamble is the ‘Key-note’ to the Constitution. – Sir Ernest Barker.
Preamble as part of the Constitution•• The current opinion held by the Supreme Court that the Preamble is a part of the Constitution.•• However it should be noted that :1. T he Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.2. It is non-justifiable, that is, its provisions are not enforceable in courts of law.
Whether Preamble can be amended?•• The Supreme Court held that the Preamble is a part of the Constitution.•• Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’.•• The Preamble has been amended only once so far in 1976, by the 42nd Constitution Amendment Act, which has added three new words – Socialist, Secular and Integrity to the Preamble.
The Union and its TerritoryPart 1 of the Constitution comprises four Articles concerned with the territory of India. Article 1 stipulates thatIndia, that is Bharat, shall be a Union of States. The states and territories of India are to be specified in the First Schedule. It is to be noted that the expression, ‘Union of India’, is not synonymous with ‘the territory of India’; the ‘Union’ includes only the States which are members of the federal system and share a distribution of powers with the Union while the ‘territory of India’ includes the entire area over which the sovereignty of India extends.The makers of the Indian Constitution, gave the Union Parliament the power to reorganise the States by a simple procedure. In the original Constitution there were four categories of States and Territories. But since the Seventh Amendment Act, 1956, all the States (except for Jammu and Kashmir) belong to one class and all the constitutional provisions relating to States apply to all of them in the same manner. As for the administration of the certain Scheduled Areas and Tribal Areas within the States, the provisions are specially listed in the Fifth and Sixth Schedules. The Union Territories are centrally administered according to provisions contained in Part VII ofthe Constitution. They are governed by the President through an administrator appointed by him. At present, there are 29 states & 7 Union Territories.
Citizenship Meaning of CitizenshipThe population of a state is divided into two classes – Citizens and aliens. While citizens enjoy full civil and political rights, aliens do not enjoy all of them. Citizens are members of the political community to which they belong.Citizens are full members of the Indian state and owe allegiance to it. They enjoy all civil and political rights.Part II of constitution (Articles 5-11) contains provisions relating to citizenship of India. In brief:Article 5 – citizenship at the commencement of the constitution.Article 6 – rights of citizenship of certain persons who have migrated to India from Pakistan.Article 7 – rights of citizenship of certain migrants to Pakistan;Article 8 – right of citizenship of certain persons of India origin residing outside India.Article 9 – persons voluntarily acquiring citizenship of a foreign state not be citizens.Article 10 – continuance of the rights of citizenship.Article 11 – parliament to regulate the right of citizenship by law.•• The Constitution of India provides for single citizenship.All persons residing in different parts of the country enjoy Indian citizenship (Article 5). There is no separate citizenship of states. According to the Constitution, the followingthree categories of persons are entitled to citizenship:1. Person domiciled in India,2. Refugees who migrated to India from Pakistan,3. Indians living in other countries.•• Domiciled persons include those with permanent homes in India, persons born in India, persons either of whose parents was born in Indian territory, and persons ordinarilyresiding in India for at least five years before the commencement of the Constitution, provided they had not voluntarily acquired the citizenship of some foreign country.
Acquisition and Termination of Citizenship:
Rules regarding acquisition and termination of Indian citizenship have been laid down in the Citizenship Act of 1955. A person can acquire citizenship of India in five ways.
1. Citizenship by BirthA person born in India on or after January 1950 is treated as citizen of India by birth.2. Citizenship by DescentA person who was residing outside India on or after 26 January 1950 is treated as a citizen of India by descent if hisfather was citizen of India at the time of his birth.3. Citizenship by RegistrationThe following categories of persons can be registered as citizens of India on application by the prescribed authority:(a) persons of Indian origin who are ordinarily resident in India for five years before filing of application for registration.(b) persons of Indian origin who are ordinarily resident in of any country or place outside India.(c) women who are married to citizens of India.(d) minor’ children of persons who are citizens of India.(e) persons of full age and capacity who are citizens of Commonwealth countries or the Republic of Ireland.4. Citizenship by NaturalisationA person can acquire citizenship of India through naturalisation if he (a) belongs to a country where the citizens of India are allowed to become subjects or citizens of that country by naturalisation;(b) renounces the citizenship of his country and intimates the renunciation to the government of India;(c) has been residing in India or serving the government for 12 months before the date of making application for naturalisation;(d) possesses a good character;(e) possesses workable knowledge of an Indian language;(f) intends to reside in India or to serve under the Government of India after naturalisation. However, the Government of India can waive any or all of the above conditions in case of a person who has rendered distinguished service in the cause of philosophy, science, art, literature, world peace and the like.5. By Incorporation of TerritoryIf any new territory is added to India, the Government of India can specify the persons of the territory who shall be citizens of India by reasons of their connection with that territory.
Citizenship can be terminated in three ways:(a) A citizen may voluntarily renounce his citizenship by making necessary declaration to this effect in theprescribed form. Usually citizenship is renounced by a citizen who wants to become the national to anothercountry.(b) The citizenship can be terminated if a person voluntarily acquires the citizenship of any other country bynaturalisation, registration or otherwise.(c) The Central Government can deprive a naturalised citizen of his citizenship, if it is satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts; or if the person shows disloyalty towards the Indian Constitution or indulges in trade with enemy countries during war; or if the person has been sentenced to imprisonment for a period of two years or more within five years of his registration of naturalisation or if he has been continuously residing out of India for more than seven years.
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