Notes on Indian Constitutional Framework

1. Citizenship (Part II, Articles 5–11)

Citizenship refers to the legal recognition of an individual as a member of a sovereign state. It allows
individuals to enjoy civil and political rights and places them under certain legal obligations. India
provides single citizenship, meaning that all Indians are citizens of India regardless of their state of
residence.

Articles under Citizenship:

●​ Article 5: Grants citizenship to persons domiciled in India at the commencement of the

Constitution.

●​ Article 6: Deals with rights of citizenship for people who migrated from Pakistan before July
19, 1948.

●​ Article 7: States that migrants to Pakistan after March 1, 1947, are not considered Indian
citizens unless they return and legally resettle.

●​ Article 8: Grants citizenship to Indian-origin persons residing outside India who are
registered with Indian diplomatic missions.

●​ Article 9: States that individuals voluntarily acquiring foreign citizenship will not be Indian
citizens.

●​ Article 10: Ensures the continuation of citizenship rights subject to any law made by
Parliament.

●​ Article 11: Empowers Parliament to make laws regarding acquisition and termination of
citizenship.

Citizenship Act, 1955:

●​ Acquisition: By birth, descent, registration, naturalization, incorporation of territory.

Note: Citizenship by descent in India means gaining Indian citizenship through the lineage of
Indian parents, typically if born outside India. This is outlined in Section 4 of the Citizenship
Act, 1955. For births on or after December 10, 1992, citizenship is granted if either parent
was an Indian citizen at the time of birth. Before that, the father needed to be an Indian
citizen. Registration of the birth at an Indian consulate within a year is usually required

Citizenship by naturalization in India refers to the process by which a foreigner can become a
citizen of India through a specific set of conditions, including residency requirements and
fulfilling other qualifications outlined in the Citizenship Act, 1955

●​ Loss: Can occur through renunciation (voluntary giving up), termination (automatically when
acquiring foreign citizenship), and deprivation (involuntary removal due to fraud or
disloyalty).

Recent Amendment (2019):

 ●​ The Citizenship Amendment Act, 2019 provides a pathway to Indian citizenship for Hindu,
Sikh, Buddhist, Jain, Parsi, and Christian immigrants from Afghanistan, Bangladesh, and
Pakistan who entered India before December 31, 2014.

2. Fundamental Rights (Part III, Articles 12–35)

Fundamental Rights are guaranteed by the Constitution to all individuals. These rights protect civil
liberties and promote the development of the individual. They are enforceable by the courts.

1. Right to Equality (Articles 14–18):

●​ Article 14: Guarantees equality before law and equal protection of laws to all persons.

●​ Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

●​ Article 16: Provides for equal opportunity in public employment and permits reservations for
backward classes.

●​ Article 17: Abolishes untouchability and forbids its practice in any form.

●​ Article 18: Abolishes titles except those conferred for military or academic distinctions.

2. Right to Freedom (Articles 19–22):

●​ Article 19: Protects six freedoms – speech and expression, assembly, association, movement,
residence, and profession. Reasonable restrictions may apply for sovereignty, integrity, public
order, etc.

●​ Article 20: Provides protection in criminal offenses – no ex post facto law, no double
jeopardy, and protection against self-incrimination.

●​ Article 21: Ensures the right to life and personal liberty, interpreted to include right to
privacy, dignity, and clean environment.

●​ Article 21A: Provides free and compulsory education to children aged 6 to 14 years.

●​ Article 22: Grants protection against arbitrary arrest and detention. It also outlines rights for
preventive detention.

3. Right Against Exploitation (Articles 23–24):

●​ Article 23: Prohibits human trafficking, forced labor, and other forms of exploitation.

●​ Article 24: Bans employment of children under the age of 14 in factories and hazardous
conditions.

4. Right to Freedom of Religion (Articles 25–28):

●​ Article 25: Guarantees freedom of conscience and right to freely profess, practice, and
propagate religion.

●​ Article 26: Grants religious denominations the right to manage religious affairs.

●​ Article 27: Prevents compulsion in paying taxes for the promotion of any religion.
 ●​ Article 28: Prohibits religious instruction in educational institutions wholly funded by the
State.

5. Cultural and Educational Rights (Articles 29–30):

●​ Article 29: Protects the rights of minorities to conserve their culture, language, or script.

●​ Article 30: Allows minorities to establish and administer their own educational institutions.

6. Right to Constitutional Remedies (Article 32):

●​ This article is considered the "heart and soul" of the Constitution. It allows individuals to
approach the Supreme Court directly for enforcement of Fundamental Rights. The court can
issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

3. Directive Principles of State Policy (DPSP) (Part IV, Articles 36–51)

Directive Principles are guidelines to the State to frame laws and policies aiming for the
establishment of a just society. Though not legally enforceable, they are fundamental in the
governance of the country.

Types of Directive Principles:

●​ Socialist Principles: Aim to ensure welfare of the people, e.g., right to work, right to
education, equal pay for equal work.

●​ Gandhian Principles: Reflect Gandhi's ideology, e.g., promotion of cottage industries,

organization of village panchayats, prohibition of alcohol.

●​ Liberal-Intellectual Principles: Aim to promote justice and international peace, e.g., uniform
civil code, protection of environment, promotion of international peace.

Importance:

●​ DPSPs aim to achieve the goals mentioned in the Preamble.

●​ Though not enforceable in court, they are used by judiciary to interpret laws and
fundamental rights.

4. Fundamental Duties (Article 51A)

Fundamental Duties were added to the Constitution by the 42nd Amendment in 1976. They act as a
constant reminder to citizens that while enjoying rights, they must also perform their duties.

List of 11 Duties Include:

●​ To abide by the Constitution and respect its ideals.

●​ To cherish noble ideals of the freedom struggle.

●​ To uphold sovereignty and unity of India.

●​ To defend the country and render national service.

 ●​ To promote harmony and brotherhood.

●​ To preserve rich heritage of composite culture.

●​ To protect and improve the environment.

●​ To develop scientific temper.

●​ To safeguard public property.

●​ To strive towards excellence in all spheres.

●​ To provide education to children (added by 86th Amendment).

These duties, though non-justiciable, help promote discipline and commitment among citizens.

5. Executive (Union and States)

Union Executive:

●​ President: The ceremonial head of the Indian Republic. He exercises executive powers on the
aid and advice of the Council of Ministers.

●​ Vice President: Performs the function of the President in his absence and is the ex-officio
Chairperson of the Rajya Sabha.

●​ Prime Minister: Head of government, chairs meetings of the Cabinet, and is the chief advisor
to the President.

●​ Council of Ministers: Comprises Cabinet Ministers, Ministers of State, and Deputy Ministers.

State Executive:

●​ Governor: The nominal head of the state, appointed by the President. He acts on the advice
of the state’s Council of Ministers.

●​ Chief Minister: Real executive authority at the state level.

●​ State Council of Ministers: Helps in policy formation and implementation.

6. Legislature (Union and States)

Parliament (Union Legislature):

●​ Lok Sabha: Lower House, directly elected, controls the executive, initiates money bills.

●​ Rajya Sabha: Upper House, represents the states, reviews legislation.

●​ Functions: Enacts laws, controls finances, amends Constitution, scrutinizes executive.

State Legislatures:

●​ Unicameral States: Only Legislative Assembly.

●​ Bicameral States: Also have a Legislative Council.

●​ Functions include enacting state laws, passing state budget, and overseeing executive
functions.

7. Judiciary (Union and States)

Supreme Court:

●​ Highest judicial forum and final court of appeal.

●​ Has original, appellate, and advisory jurisdiction.

 ●​ Ensures protection of fundamental rights and can strike down unconstitutional laws.

High Courts:

●​ Highest court in each state.

●​ Supervises lower courts and handles appeals from subordinate courts.

Subordinate Courts:

●​ Include District and Sessions Courts.

●​ Deal with civil and criminal matters at the district level.

8. Legislative Procedures

Legislative procedures refer to the formal process by which laws are enacted in India. The procedure
differs slightly between the Union and the State legislatures, but the basic structure remains similar.

Union Legislature (Parliament):

●​ Introduction of a Bill: A bill may be introduced in either House (Lok Sabha or Rajya Sabha),
except for Money Bills which must be introduced in Lok Sabha.

●​ Types of Bills:

o​ Ordinary Bill – Requires passage by both Houses and assent of the President.

o​ Money Bill – Can only be introduced in Lok Sabha and needs only its approval, with
Rajya Sabha allowed only to make recommendations.

o​ Financial Bill – Similar to Money Bills but not exclusively financial.

o​ Constitutional Amendment Bill – Requires special majority and ratification by half

the states.

●​ Stages of a Bill:

1.​ First Reading: Introduction of the bill.

2.​ Second Reading: General discussion and committee scrutiny.

3.​ Third Reading: Final discussion and voting.

4.​ Assent of the President: Becomes law upon receiving assent.

State Legislatures:

●​ Follow a similar process as Parliament.

●​ Governor's assent is required for bills to become law.

●​ Some bills require the President's prior approval or assent.

9. Panchayats, Municipalities, and Co-operative Societies

Panchayats (Part IX):

 ●​ Introduced through the 73rd Amendment Act, 1992.

●​ Provides for a three-tier structure: Gram Panchayat (village), Panchayat Samiti (block), Zila
Parishad (district).

●​ Elections every five years.

●​ State Finance Commissions recommend distribution of financial resources.

●​ Gram Sabha includes all adult members of a village and acts as a watchdog.

Municipalities (Part IXA):

●​ Introduced by the 74th Amendment Act, 1992.

●​ Types: Nagar Panchayat (transitional areas), Municipal Council (small urban areas), Municipal
Corporation (large urban areas).

●​ Ensures decentralized urban governance.

●​ Ward Committees represent local interests.

Co-operative Societies (Part IXB):

●​ Added by the 97th Amendment Act, 2011.

●​ Provides constitutional status to co-operatives.

●​ Ensures their democratic, autonomous, and voluntary functioning.

●​ Mandates elections every five years and timely audits.

10. Relations between Centre and States

Legislative Relations (Article 245–255):

●​ Three Lists: Union, State, and Concurrent.

●​ Parliament can make laws on any subject during national emergencies or when Rajya Sabha
passes a resolution.

Administrative Relations (Article 256–263):

●​ States must comply with Central laws.

●​ Union can issue directions to states.

●​ Inter-State Council established for coordination.

Financial Relations (Article 268–293):

●​ Division of taxes between Centre and States.

●​ Finance Commission recommends financial distribution.

●​ Grants-in-aid are provided to states.

11. Elections

Election Commission of India (ECI):

 ●​ Independent constitutional body under Article 324.

●​ Conducts elections to Parliament, State Legislatures, President, and Vice-President.

Electoral Process:

●​ Based on Universal Adult Suffrage.

●​ Regular, free, and fair elections.

●​ Use of Electronic Voting Machines (EVMs).

Challenges:

●​ Electoral reforms needed to curb black money, criminalization, and fake news.

12. Languages (Part XVII, Articles 343–351)

Official Language:

●​ Hindi in Devanagari script is the official language of the Union.

●​ English used for official purposes till other arrangements are made.

Regional Languages:

●​ States can adopt their own official languages.

Eighth Schedule:

●​ Originally included 14 languages; now includes 22.

●​ Examples: Hindi, Tamil, Bengali, Punjabi, Urdu, etc.

Promotion of Languages:

●​ Article 351 directs the development of Hindi while respecting other languages.

13. Special Provisions for Certain Classes

Scheduled Castes (SCs) and Scheduled Tribes (STs):

●​ Reservations in education, employment, and legislatures.

●​ Welfare programs and financial assistance.

Other Backward Classes (OBCs):

●​ Identified on the basis of social and educational backwardness.

●​ Mandated reservations and development schemes.

Minorities:

●​ Religious and linguistic minorities protected under Articles 29 and 30.

●​ National Commission for Minorities addresses their grievances.

Women and Children:

●​ Reservation in local bodies.

●​ Protection from exploitation, promotion of education and welfare.