Citizenship (Ch-06)

Introduction.
 Citizens are full members of the Indian State.
 Aliens are citizens of other States which are foreign:
 Enemy Aliens – from enemy countries, with no protection against arrest and detention.
 Friendly Aliens – from friendly countries with certain rights.
 Constitution deals with Citizenship in Part-II — Art 5 to 11.
 Constitution does not elaborate on acquisition or loss of citizenship.
 Elaborated later by Parliament in Citizenship Act, 1955.
 Only identifies persons who became Citizens on 26 Jan, 1950 :
 (a) persons domiciled in India / (b) persons migrated from Pakistan / (c) persons
migrated to Pakistan but later returned / (d) persons of Indian origin residing outside
India.
Constitutional Provisions.
 Constitution confers the following Rights & privileges on Indian Citizens:
 Right against discrimination (Art 15) / Right to Equality (Art 16) / Right to Freedom
(Art 19) / Cultural & Educational Rights (Art 29-30) / Right to Vote for Lok Sabha &
Legislative Assemblies / Right to contest elections for Parliament & State Legislatures
/ Eligibility to hold certain high Offices like President, VP, SC & HC judge, Governor,
AG.
 Art 9 – Person loses citizenship if he/she acquires foreign citizenship.
 Art 10 – Parliament has power to restrict citizenship by law.
 Art 11 – Parliament given all powers for matters of acquisition & termination of
citizenship and all other matters.
Citizenship Act, 1955
 Provides for acquisition & loss of Citizenship after 26 Jan, 1950.
 Act has been amended by the Parliament in 1958, 1960, 1985, 1986, 1992, 2003, 2005 & 2015.
 Originally also provided for Commonwealth Citizenship, but this was repealed in 2003.
Acquisition of Citizenship.
Citizenship Act, 1955 provides for 5 ways to Acquire Citizenship :
1. By Birth (born inside India) :
 Person born after 26 Jan, 1950 & before 1 July 1987 are Citizens irrespective of Parent’s
nationality— after 1 July, 1987 must have one Indian parent at birth.
 Person born after 3 Dec, 2003 must have one Indian parent while the other parent must also
not be an illegal immigrant.
 Children of Foreign Diplomats & Enemy Aliens are not citizens.
2. By Descent (born outside India) :
 Person born on or after 26 Jan, 1950 & before 10 Dec, 1992 must have father as citizen—
after 10 Dec, 1992 any parent must be citizen.
 From 3 Dec, 2004 person born outside must also be registered at Indian consulate within 1
year of Birth, after 1 year with permission of Central Govt. Minor citizen with other foreign
citizenship must renounce all foreign citizenships within 6 months of turning 18.
3. By Registration (on application, not being an illegal immigrant) :
 Person of Indian origin residing in India for 7 years before applying.
 Person of Indian origin residing outside undivided India.
 Person married to citizen & resident for 7 years.
 Minor children of citizens of India.
 Adult person whose parents are ‘registered citizens’ of India.
 Adult— who herself or either parent are former citizens — after residing for 12 months
immediately before application.
 Adult registered as Overseas Citizen of India cardholder for 5 years —immediately after
residing 12 months.
 Person of Indian origin is with either parent born in undivided India or in other territories
acquired after Independence.
 All of the above persons must take an oath of allegiance.

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  By Naturalisation (on application, not being an illegal immigrant):
 Following qualifications:
 Should not a subject or citizen of a country which does not allow Indians to gain citizenship
of that country through naturalisation.
 Must give an undertaking to renounce foreign citizenship.
 Has either resided in India for or has worked for Government (or partly done both) for 12
months immediately before application — must have also resided or served Government for
a minimum aggregate of 11 years in a span of 14 years before the said 12 months of
immediate residence.
 Must be good of character.
 Must have adequate knowledge of any language in 8th Schedule.
 Must intend to reside in India, or enter or continue Government service or service in
international organisations of which India is a member or under an organisation established
in India.
 Government may waive all above conditions for distinguished service.
 Must take an oath of allegiance.
 By Incorporation of Territory :
 Government specifies citizens of a newly occupied foreign territory through an executive
order – Citizenship (Pondicherry) Order, 1962.
Loss of Citizenship.
 By Renunciation : Any citizen can register a declaration of renunciation with the Central
Government. During war, registration can be withheld by Govt. Upon renunciation, minor child
also loses citizenship (can voluntarily resume citizenship after attaining the age of 18).
 By Termination : Citizenship is automatically terminated when a person voluntarily acquires
foreign citizenship (not applicable in times of war).
 By Deprivation : Compulsory termination of Citizenship by Central Government.
 If citizenship had been obtained by fraud.
 Disloyalty to the Constitution of India.
 Unlawful trade or communication with enemy during war.
 Two years imprisonment in any country, within 5 years of registration or naturalisation
of the citizen.
 Ordinarily resident of a foreign country for 7 years, unless citizen is a student or
Government servant or has registered annually to retain citizenship.
Single Citizenship.
 India provides for a National Citizenship only (no citizenship of States).
 Citizens of India are equal in all States without discrimination, however there are certain exceptions
as follows :
 Art 16 allows Parliament to prescribe residence as a condition for certain employments &
appointments in states & UTs.
 Art 15 does not prohibit discrimination on the basis of residence so States can offer special
benefits like educational fee concessions.
 Art 19 (Freedom of Movement & Residence) is curtailed in relation to scheduled Tribal
areas — outsider residence is restricted.
Overseas Citizenship of India.
 Non-resident Indian : Any Indian citizen residing in foreign country.
 Person of Indian origin (PIO) : Who, or whose ancestors, were citizens.
 Overseas Citizen of India Cardholder :
 Sep 2000 – Committee on Indian Diaspora under L. M. Singhvi setup.
 Benefits – can visit India life long without visit (however special permission required
for research work) / almost same treatment as NRIs (except in matter relating to
agricultural or plantation properties).
 Non-entitlement : Right to Equality of Opportunity in public employment / election for
President & VP/Appointment as SC or HC judge & to specific public services / Right
to vote/ contest elections.


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 Directive Principles of State Policy (Ch-08)
Introduction.
 Enumerated in Part-IV of the Constitution – Article 36-51.
 Article 36 deals the definition of State in Context of DPSP.
 Art 37 deals with nature & significance of the DPSP.
 Borrowed from the Irish Constitution of 1937 which had copied it from the Spanish Constitution.
 Contain philosophy of the Constitution.
 Conscience of the Constitution.
 Contain the goals and ideals that every successive Government must keep in mind & work towards
in day to day functioning & policy-making.
Features of the Directive Principles.
 Art 36 – gives the same definition to ‘State’ as Part-III.
 Resemble the ‘Instrument of Instruction’ in Govt of India Act, 1935.
 Embody concept of Welfare State & not Police State.
 Seek to establish social & economic democracy in India.
 Non-justiciable in Nature.
 Art 37 – declares DPSP fundamental in governance of country & it shall be the duty of the State to
apply these principles in the making of laws & policies.
 Helps in determining the Constitutional validity of a law. SC has ruled that if a law seeks to give
effect to a Directive Principle, then that law may be considered to be ‘reasonable’ in relation to Art
14 or Art 19.
 Fundamental Rights enjoy Supremacy however they can be amended in order to implement
Directive Principles without affecting the Basic Structure of the Constitution.
Classification of the Directive Principles.
 Socialistic Principles : (lay path towards Welfare State)
 Art 38 : Promote welfare by securing social order permeated by justice – social, economic
& political / minimise inequalities in income, status, facilities & opportunities-44th
Amendment, 1978.
 Art 39 : Secure – Right to livelihood/Equal distribution of wealth/prevention of
concentration of wealth/Equal pay for equal work for men & women/preserving health of
workers & children against forcible abuse/opportunities for healthy development of children
– 42nd, 1976.
 Art 39A : Equal justice & free legal aid for poor – 42nd, 1976.
 Art 41 : Right to work, education & public assistance.
 Art 42 : Just, humane working conditions/maternity relief.
 Art 43 : secure living wage/decent standard of life, social & cultural opportunities.
 Art 43A : participation of workers in management – 42nd, 1976.
 Art 47 : raise level of nutrition, standard of living & public health.
 Gandhian Principles : (based on Gandhian ideology)
 Art 40 : Organise Village Panchayats & empower them.
 Art 43 : Promote cottage industries. on individual or Co-op basis.
 Art 43B : to promote & empower Cooperative Societies – 97th, 2011.
 Art 46 : Promote Edu & econ interests of SCs, STs & weaker sections.
 Art 47 : Prohibit consumption of intoxicating drinks & drugs.
 Art 48 : Prohibit slaughter of cows, calves & milch & Improve breed.
 Liberal-intellectual Principles : (represents ideology of liberalism)
 Art 44 : Uniform Civil Code.
 Art 45 : Early childhood care & Education until 6 years of age – 86th, 2002.
 Art 48 : Organise agriculture & animal husbandry on scientific lines.
 Art 48A : Protect & Improve env, safeguard forests & wildlife – 42nd, ‘76.
 Art 49 : Protect historical monuments, places, objects of art or national imp.
 Art 50 : Separate judiciary from exec in public services of States.
 Art 51 : Promote international peace, security. Just & honourable relations between nations,
respect international law & treaty, arbitration for international disputes.

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Criticism of the Directive Principles.
 No Legal Force : a cheque on a bank, payable only when the resources of the bank permit. Can be
completely ignored by Govt.
 Illogically arranged : no classification, no consistency with the more unimportant principles mixed
up with the important & fund. principles.
 Conservative : based on 19th century philosophy. Not suitable for the 21st century challenges &
issues.
 Constitutional Conflict : (a) Centre & States – Centre can give order to States to implement DPSP,
& can dismiss state govt if they fail to comply. (b) President & Prime Minister – President may
reject bills passed by Parliament on the excuse that it violates DPSP. (c) Governor & States –
Governor may also reject bill passed by State Govt if they violate DPSP.
Directive Principles outside of Part-IV.
 Art 335 in Part XVI – Claims of SCs & STs in making of appointments to services & posts to the
Union or States.
 Art 350A in Part XVII – Instruction in mother tongue at primary stage of education to children
belonging to linguistic minorities.
 Art 351 in Part XVII – Duty of Union to promote the spread of Hindi Language
 Above Principles are Non-justiciable.

Fundamental Duties (Ch-09)

Introduction.
 Part-IVA — Article 51A
 Added through the 42nd Amendment of 1976.
 Based on the recommendation of Swaran Singh Committee.
 Inspired from the Constitution of erstwhile USSR.
 Fundamental Rights & Duties are correlative & inseparable.
 One more duty added through 86th Amendment Act of 2002.
 Apply only to Citizens.
 Non-justiciable.
 Some are moral duties while others are civic duties.
List of Fundamental Duties.
 Abide by Constitution & respect its ideals & institutions, National Flag & National Anthem.
 Cherish ideals of National Struggle for freedom.
 Uphold & protect Sovereignty, unity & integrity of India.
 Defend Country & render national service when called upon.
 Promote harmony & brotherhood, & respect women.
 Value & preserve rich heritage of country’s composite culture.
 Protect & Improve environment – forests, lake, rivers, wildlife. Care for All living creatures.
 Develop scientific temper, humanism, spirit of inquiry & reform.
 Safeguard Public Property & abjure violence.
 Strive towards excellence in all individual & collective activity.
 Provide education to child or ward between ages 6 & 14 (86th Amendment, 2002).
Criticism of Fundamental Duties.
 Does not include duties to vote, paying tax, family planning, etc.
 Vague terms with no clear meaning like ‘composite culture’.
 Non-justiciable.
 Not necessary to define fundamental duties.
 Should have been added after Part-III so as to signify its importance.
Significance of Fundamental Duties.
 Serve as reminder to citizens that Rights go hand in hand with duties.
 Serve as warning against anti-national & anti-social activities.
 Source of inspiration to the citizens. A set of ideals to live by.
 SC ruled in 1992 that any law seeking to give effect to Fundamental Duties may be considered valid
& reasonable & cannot be challenged on the basis of violation of Art 14 & Art 19.
 Enforceable by law made by the Parliament.

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 Amendment of the Constitution (Ch-10)
Introduction.
 Constitution is Partly Rigid & Partly Flexible.
 Art 368 of Part XX deals with Amendment.
 Parliament has sole power to amend by addition, variation or repeal.
 SC (Keshavnanda Bharti case, 1973) provided for ‘Basic Structure of the Constitution’ – all
provisions declared as ‘basic structure’ cannot be amended.
Procedure for Amendment through Art 368.
1. Introduction of Bill by any member in either House of Parliament only.
2. Must be passed in each House by a Special Majority – majority of total membership & ⅔ of
members voting.
3. No provision for Joint Sitting.
4. If Bill seeks to amend federal provisions, Bill must be Ratified by half of the State Legislatures with
a simple majority.
5. President’s assent is obligatory. President cannot return or reject Bill.
6. After assent the Bill becomes an Act & the Constitution stands amended.
Types of Amendment.
 Art 368 only provides for two methods of Amendment – Special Majority of Parliament & Special
Majority + Consent of States.
 Some other Articles provide for amendment through Simple Majority alone.
 Simple Majority : Outside of Art 368.
 Requires over 50 % of members present & voting.
 Provisions include – Admission or Establishment of new States/formation of new States,
alteration of their boundaries or names/Abolition or creation of Leg Councils/2nd Schedule
– salary & perks of President, Governors, judges, etc./Quorum in Parliament/Salaries &
allowances of MPs/Rules of Procedure of Parliament/Privileges of Parliament/Use of
English Language in Parliament /Number of puisne Judges in SC/increase of SC
jurisdiction/Citizenship acquisition & termination/Elections to Parliament & State
Leg/Delimitation of Constituencies/Union Territories/5th Schedule – admin of Schedule
Areas & Tribes/6th Schedule – admin of tribal areas.
 Special Majority :
 Requires over 50% of total membership of each House & ⅔ of total members present &
Voting.
 Includes Provisions of Fundamental Rights, Directive Principles & All other Provisions not
covered under the first & third category.
 Special Majority + Consent of States :
 Requires Special Majority of Parliament & ratification by half of the State Legislatures by
simple majority.
 No time limit for the States to give their consent.
 Includes Provisions of Election of the President & its manner; Extent of executive powers
of the Union & States; Supreme Court & High Courts; Distribution of leg powers (Subjects)
between Union & States; any lists in 7th Schedule: Representation of States in Parliament;
Art 368 itself.
Criticism of the Amendment Procedure.
 No provision for a special body for amendment of Constitution like Constitutional Convention (as
in USA). Parliament is all powerful.
 Power to initiate amendments lies with Parl. (exception in creation/abolition of State Legislative
Council – here too Parliament can reject the proposal).
 Major part can be amended by Parliament alone without State consent.
 No time frame for States to ratify Amendments, no clarification if consent given to the amendment
can be withdrawn later.
 No provision for Joint Sitting of both houses of Parliament.
 Most amendments are passed by Simple Majority.
 Amendment Procedure is not crystal clear, leave room for judicial intervention.

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 Basic Structure of the Constitution (Ch-11)
Introduction.
 ‘Basic Structure Doctrine’ is not a part of the Constitution.
 Created by the Supreme Court in the Kesavananda Bahrati v. State of Kerela (1973).
 Only applicable to Constitutional Amendments (after 1973).
 This Judicial Principle declares that certain basic features of the Constitution cannot be altered or
destroyed even through Constitutional Amendments.
 The contents of Basic Structure not defined explicitly by SC.
 Contents established over many years through various judgments.
Elements of the Basic Structure.
 Supremacy of the Constitution.
 Sovereign, democratic & republican nature of the Indian Polity.
 Secular Character of the Constitution.
 Separation of Powers between the Leg, exec & Judiciary.
 Federal Character of the Constitution.
 Unity & integrity of the Nation.
 Welfare State (socio-economic justice).
 Judicial Review.
 Freedom & dignity of individual.
 Parliamentary System.
 Rule of Law.
 Harmony & balance between Fundamental Rights & DPSP.
 Principle of Equality.
 Free & fair elections
 Independence of Judiciary
 Limited powers of the Parliament to amend Constitution
 Effective access to justice
 Principles underlying Fundamental Rights.
 Powers of SC under Art 32, 136, 141 & 142.
 Powers of HC under Art 226 & 227.
Important cases.
 Kesavananda Bahrati v. State of Kerela (1973) – Supremacy of Constitution/separation of
powers/Republic, democratic/Secular/federal/sovereignty & unity/individual freedom &
dignity/welfare state/parliamentary system.
 Indira Nehru Gandhi v. Raj Narain (1975) – Rule of Law/Equality/Judicial Review/Free & fair
elections/Secular.
 Minerva Mills v. Union of India (1980) – Limited power of Parliament to amend
Constitution/harmony & balance between Fundamental Rights & DPSP.