Professional Documents
Culture Documents
Single Citizenship:
The Indian constitution provides Single Citizenship, meaning that a person cannot hold the
citizenship of another country if he is holding the citizenship of India. This idea was borrowed from
the British Constitution. It is provided in Article 9 of the Indian Constitution. In India, a person can
have only central citizenship, and not of a state, unlike countries like the USA and Canada, where
dual-citizenship is followed, meaning a person can be a citizen of multiple countries at the same
time, and there is different citizenship for the state and the country.
In India, there is an alternative to the dual-citizenship policy. According to the Citizenship
(Amendment) Act 2003, people of Indian heritage can become Overseas Citizen of India (OCI).
OCIs have all privileges as a citizen of India, but they cannot vote or purchase agricultural land in
India. Only people who were born in India after 1950 or their children and grandchildren are
eligible to become OCI. OCIs can live indefinitely in India, but they need to own a passport from
another country.
Universal Adult Franchise:
The Indian Constitution provides the Universal Adult Franchise or Universal Suffrage, which states
that every person of and above 18 years of age is eligible to vote in all Indian elections, irrespective
of their caste, religion, gender, colour, etc. It is provided in Article 326 of the Indian constitution. It
was borrowed from the German constitution of 1919.
The 1919 and 1935 Election Acts had provided a communal electorate, where only a specific
community of people were allowed to vote. It was replaced by a joint electorate in 1950.
The Citizens of India elect their representatives for the Lok Sabha (Lower Central Parliament) and
Vidhana Sabha (Lower State Parliament), who in turn elect the ruling party and the Prime Minister
and Chief Minister respectively. Thus, the Indian Constitution provides a system of indirect
election, governed by the Election Commission of India, the body which is responsible to conduct
all the elections in India.
Also, certain seats are reserved for candidates from Scheduled Castes and Scheduled Tribes,
resulting in communal harmony.
Fundamental Rights:
It is one of the main features of the Indian Constitution. The idea was borrowed from the
constitution of the USA. These are basic human rights, which provide the conditions essential for
the all-round development of a human being, regardless of the caste, religion, gender or colour of a
person. These are provided in the Part-III (Articles 12-35) of the Indian Constitution.
1. Right to Equality:-
It is provided in Articles 14-18 of the Indian Constitution. It states that all citizens of the Republic
of India are equal. The following are the provisions in this right:
(a.) Equality before law:
Article 14: It grants Equality by Law and Equality of Protection by Law irrespective of:
Economic Status
Caste
Colour
Creed
Religion
Sex
Any discrimination on the above grounds is a punishable offence.
Article 15: This article ensures social and economic equality by prohibiting discrimination on the
grounds mentioned in Article 14.
(b.) Equality of Opportunity: Article 16 prohibits discrimination on the grounds mentioned
in Article 14 concerning employment opportunities in Central and State governments. It
also allows reservations of seats in favour of Scheduled Castes (SC), Scheduled Tribes
(ST) and Other Backward Classes (OBC). At present, there is a 27% reservation for OBC,
15% for SC and 7.5% for ST
(c.) Abolition of Untouchability: Article 17 abolishes untouchability. It was a practice in
medieval India where people of low castes were not touched by the upper castes, and they
were not allowed to enter places of worship, use public well, use public transport, etc. It is
now prohibited and is punishable by law.
(d.) Abolition of Titles: Article 18 abolishes all titles like Rai Sahib, Khan Bahadur,
Maharaja, etc. No title will be offered by the state unless it is a military or academic
distinction. Indian Citizens cannot accept titles from foreign nations. Military or academic
titles like Bharat Ratna are exempted from it.
Certain restrictions have been put on the Right to Equality in the 42nd Amendment Act, 1976.
Directive Principles of State Policy were given supremacy in this act, and if a Right to Equality is
violated to implement the Directive Principles, he/she cannot move to the court for the same cause.
2. Right to Freedom:
Many different rights to freedoms are provided by Articles 19-22.
a) Basic Freedoms: Article 19 of the Indian Constitution guarantees six basic freedoms:
i) Freedom of speech and expression
ii) Freedom to assemble peacefully without arms
iii) Freedom to form associations and unions
iv) Freedom to move freely throughout India
v) Freedom to reside and settle in any part of India
vi) Freedom to practise any profession, trade, or business.
On October 12, 2005, the Right to Information was included in Article 19(1) of the constitution. It
is an implied right, i.e., it is included in the Freedom of speech and expression, which is a
fundamental right. According to this right, a person can freely seek information from public
authorities.
Governments are restricted to endorse laws which could limit basic freedoms. But they can endorse
laws for public good/protection of interests of trade and profession.
Limitations:
i) They can be suspended during an emergency.
ii) They are not absolute, i.e., restrictions could be imposed on it for national security and
interest.
iii) The laws of Parliament could impose restrictions on it.
Restrictions imposed:
The fundamental rights are not definite, i.e., rational limitations can be enforced on them because
of the general welfare of the public.
i) Fundamental rights can be suspended during an emergency declared by the President in
case of war, external aggression or armed rebellion. It is a temporary suspension; the
rights are restored as soon as the emergency is over.
ii) For national security, sensible restrictions may be imposed on them. The parliament can
alter the application of fundamental rights to the members of the armed forces, police
force, or intelligence organisations to ensure the accurate flow of their responsibilities.
iii) There are some laws which curtail the use of these rights:
a. Maintenance of internal security act: It was passed by the Indira Gandhi government
in 1971 to prevent civil or political disorder in India. It allowed the administration and
law enforcement agencies broad powers, for example, preventive detention for an
indefinite period, search and seizure of property without a warrant, and wiretapping. It
was repealed in 1977 as a result of controversy after the Congress government was
dissolved after the Emergency.
b. Defence of India rules: It was passed by the Nehru government during the Indo-Sino
war, in view of the increasing external disturbances around the northern border. It
curtailed various rights of travel, finance, trade, etc. The most important result of this
act was the harsh preventive detention, where a person can be detained for an
indefinite time without informing the reason for the detention and right of
representation against it, and curtailed the provisions of the Habeus Corpus writ.
c. Preventive Detention Act: This law was passed soon after the constitution came into
effect, in 1950. It provided that the period of preventive detention can be extended
from 3 months up to 12 months by the advisory board. It was repealed in 1969.
d. National Security Act 1980: This law was passed in 1980. It allowed the government
to detain a person who is acting prejudicially in matters of security of the nation, its
foreign relations, maintenance of public order, and import and export in the country. It
also allowed the government to detain or expel a foreigner. The 3-year period between
1977 (MISA was repealed) and 1980 (NSA was introduced) was the only time when
India had no laws related to preventive detention.
e. Essential Service Maintenance Act: This act was introduced in 1968. It was proposed
to ensure the delivery of essential services, which if obstructed could affect the normal
life of the people. According to this act, if a person commences a strike on essential
services like health services, public transport, etc., he/she would be vulnerable to
imprisonment for 6 months, a fine of up to ₹200, or both, if the state government
enforces this act in their respective state due to shortage of these essential services.
Foreign Policy:
i) To promote international peace and security India has helped many countries win
freedom. For example, India helped South Africa in its anti-apartheid movement and
Bangladesh in the 1971 freedom movement.
ii) India is law-abiding. It respects international laws. It is known for diplomatic
relationships, for example, during the Cold War and the Russia-Ukraine war.
iii) India goes with the policy of complete disarmament and was against the powerful
countries for partial disarmament.
Intro:
The Indian constitution is the lengthiest handwritten constitution. It establishes India as a federal
republic. Its is drawn from various sources, and is a blend of rigidity and flexibility.
The constitution was made by the Constituent Assembly, which was established in 1946. The
Drafting Committee was the organisation responsible for framing it, and its president was Dr BR
Ambedkar. It was completed on 26 November 1949, but came into effect on 26 January 1950.
The Indian Constitution had 395 Articles and 8 Schedules at the time of launch, but due to 100
amendments, it now has 448 Articles and 12 schedules.
The constitution’s preamble declares it as a sovereign, socialist, democratic and secular republic,
and displays the ideas of Justice, Equality, Liberty and Fraternity.
The Indian constitution has the following features:
Parliamentary form of government
Federal system with unitary features
Division between executive, legislative and judiciary
Fundamental Rights and Duties
Directive Principles and the aim of a Welfare State
Universal Adult Franchise
Single-citizenship
Judicial Review