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Chapter 02. Basic Provisions (Polity & Constitution of India Notes)

BASIC PROVISIONS

PREAMBLE

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 of opportunity and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
➤ Idea of Preamble borrowed from Constitution of USA.
➤ The objectives specified in the Preamble contain the basic structure of our Constitution.
➤ It is non-justiciable, that is, its provisions are not enforceable in courts of law.
➤ The basic structure cannot be amended.
➤ It is a preface or introduction to the Constitution.
➤ The Supreme Court expressed the view that the “Preamble is the key to its makers” mind.
➤ Justice Madhokar said in ‘Sajjan Singh Vs. Rajasthan State’ case that the preamble is the sum and substance of the Constitution.
➤ In the ‘Golaknath Vs. Punjab State’ case, Justice Hidaytullah remarked that the preamble is the synopsis of those principles on which the government has to work upon.
➤ The objective of the constitution is to secure Justice, Liberty, Equality and Fraternity for every citizen.
➤ The world ‘Socialist,’ ‘Secular’ and were added by the 42nd Amendment Act of 1976.

THE INTERPRETATION OF WORDS IN PREAMBLE

Sovereign : The word sovereign means that the state has power to legislate on any subject in confirmity with constitutional limitations.
Socialist : Socialist aims to end poverty, ignorance, disease and inequality of opportunity.
This socialist concept ought to be implemented in the true spirit of the constitution.
Secularism : The constitution of India stands for a secular state. The state has no official religion secularism pervades its Provisions which give full opportunity to all persons to profess, practice and propagate religion of their choice.
Democratic : The Indian Constitution provides for representative parliamentary democracy under which the legislature for all its policies and actions, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.
Liberty : The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of all individuals personalities.
Equality : The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
Fraternity : Fraternity means a sense of brotherhood. The preamble declares that fraternity has to assure two things-the dignity of the individual and the unity and integrity of the nation.
➤ The constitution not only guarntees a person’s freedom of religion but also ensures freedom for one who has no religion.
Republic : Republic means no room for hereditary ruler.
➤ The head of the state is always elected directly or indirectly for a fixed period, e.g. USA.
➤ The term ‘republic’ in our preamble indicates that India has an elected head called the president.
Justice : There are three types of justice-social, political and economical.
➤ Social justice enables the
(i) to remove economic inequalities;
(ii) to provide a decent standard of living to the working people;
(iii) to protect the interests of the weaker sections of the society.
➤ Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.
➤ Economic justice denotes the non-discrimination between people on the basis of economic factors.
➤ It involves the elimination of glaring inequalities in wealth, income and property.
➤ A combination of social justice and economic justice denotes “distributive justice”.

SOURCE OF THE CONSTITUTION

Government of India Act, 1935 : Federal Scheme, office of the Governor, power of Federal Judiciary, Public Service Commission, Emergency provisions.
USA Constitution : Fundamental Rights, written constitution, Supreme Court, Independence of Judiciary and Judicial Reviews, President as the Executive Head. The Vice- President, Impeachment of the President, Removal of Supreme Court and High Court Judges, Preamble.
British Constitution : Parliamentary system, Rule of law, legislative procedure, Prime Minister, Cabinet System, Single Citizenship, Prerogative writs, Bicameral Parliament, Nominal head- President, provision of speaker
Australian Constitution : The concurrent list, centrestate Relationship, Freedom of trade, commerce and intercourse, Joint sitting of the two Houses of the Parliament, Language of the preamble.
Soviet (USSR) Constitution : Fundamental Duties and ideal of justice, Five year Plan.
German/Weimar Constitution : Emergency provisions and their effect on the Fundamental Rights.
Japan Constitution : Procedure established by the law.
Canadian Constitution : Appointment of state Governor by the centre, Advisory jurisdiction of the Supreme Court, Federation with a strong centre, vesting of residuary powers in the centre.
South African Constitution : Procedure of Amendment of the constitution, Election of the Members of Rajya Sabha.
Irish Constitution : Directive principles of state policy, Nominations of Members of Rajya sabha, method of Election of President.

THE UNION AND ITS TERRITORY

➤ According to Article1- India, that is Bharat, shall be a union of states.
➤ The states and the territories thereof shall be as specified in the first schedule.
➤ The territory of India shall comprise —
(i) The territories of the states;
(ii) The union territories specified in the First
(iii) Such other territories as may be acquired.
➤ Section 3(2) of the territorial waters, continental shelf, exclusive Economic Zone and other Maritime Zones Act, 1976 now provides, that the limit of the territorial water is the line at which every point is at a distance of 12 nautical miles from the nearest point of the appropriate base line.
➤ Another notification of the government dated 15 January, 1977 has extended the exclusive economic zone of India up to a distance of 200 nautical miles into the sea from the shore base line. This has been done under the Territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 passed as the constitution 40th amendment act 1976.
➤ Parliament may by law admit into the union, or establish new states on such terms and conditions as it thinks fit.
➤ Formation of new states and alteration of areas, boundaries or names of existing states.
➤ Parliament may by law —
(i) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state
(ii) increase the area of any state;
(iii) diminish the area of any state;
(iv) alter the boundaries of any state;
(v) alter the name of any

NEW STATES AND UNION TERRITORIES CREATED AFTER 1956 :

1. Gujarat, Maharashtra 1960
2. Dadara and Nagar Haveli 1961
3. Daman and Diu 1987
4. Puducherry 1963
5. Nagaland 1963
6. Haryana/UT-Chandigarh 1966
7. Himachal Pradesh 1971
8. Manipur, Tripura, Meghalaya 1972
9. Sikkim 1975
10. Mizoram, Arunachal Pradesh 1987 and Goa
11. Chattisgarh, Uttarakhand and 2000 Jharkhand
12. Telangana 2014

CITIZENSHIP

➤ Every person who has domicile in the territory of India and
(i) who was born in the territory of India; or
(ii) either of whose parents was born in the territory of India, or
(iii) who has been ordinarily resident in the territory of India for not less than five shall be a citizen of India.
➤ Under the Indian constitution there is only one domicile.
➤ There is no separate domicile for the state.
➤ Persons who migrated to Pakistan after March 1, 1947 but returned to India under a permit for resettlement.
➤ Any person who or either of whose parents or any of whose grand parents was born in India.
➤ Person who migrated to India from Pakistan before 19th July, 1948 and since then have been ordinarily residing in India.
➤ Person who migrated to India from Pakistan on or after 19th July, 1948 but got themselves, duly registered as citizens with a competent officer appointed for that purpose.
➤ When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates.
➤ The parliament has enacted the citizenship Act, 1955 which has been amended in 1986, 1992, 2003 and 2005.
➤ The Act provides for the acquisition of Indian citizenship after the commencement of the constitution in five ways, i.e., Birth, Descent, Registration, Nationalisation and Incorporation of territory.
LOSS OF INDIAN CITIZENSHIP UNDER THE ACT :
➤ The citizenship Act, 1955 also laydown the three modes by which an Indian citizen whether a citizen at the commencement of the constitution or subsequent to it , may lose his citizenship—
(i) Renunciation
(ii) Termination
(iii) Deprivation
➤ Citizenship Amendment Act, 1992 : According to this Act, the child who is born outside India and if his mother belongs to India can have the Indian citizenship.
➤ Before this act, any child born outside India could acquire citizenship only if his father was a citizen of India.

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