Uwim lbale mb

nequinnltufti
Union and its Territory (ch-s)
Art 1: Bharat as a "Union of States". Territory of India
states (2) in 3 categories
UT (3) Territories that may be (1) Territories of
-

Names of states and UT mentioned in acquired by Gol at any time.

Indja can acquire foreign territories byFirst Schedule
Art 2 empowers Parliament to admit cession, occupation, conquest, subjugation.
such terms and conditions as into Union of India, or establish, new
it thinks fit. This means 2 states on
(1) Power to admit powers are conferred on Parl-
(2) Power to
new states into Union Art 2: admision
establish new states. 0 new stars, not pant } Don
P At 3
,Art 3 authorizes Parliament to -
onahon or
changu iò erki Hngatabeg
(a) Form new state by
or
separation
parts of states or by uniting anyof territory from any state or by uniting 2 or more states
(b) increase/diminish territory to part of any state.
(c) Alter the
the area of any state.

boundaries of any state.

(d) Alter the name of any state.

But 2 conditions
(1) Bill for above cases must be
(2) Before recommending the intro in Parl with prior reco of President
Bill, President must
views in a refer it to concerned for
specified period. But President is NOT BOUND by views of SL.SL expressing its

Hence, Parliament can redraw political

IC does not guarantee territorial map of India without the consent of
integrity of states. Thus,
of Destfuctible States. statesHence, it is an Indestructible Union
Art4: Laws made to give effect to Art 2 and
to IC, and hence can Art 3 shall NOT be treated as amendments
SC, in
passed
be bysimple majority
1969 ruled thatsettlement
countryidoes not okhoundary dispátebetween India and another
Dhar
requre constitutional amendment,
Comhmission, 1948 Recommended
administrative reorganizátion of states based on
JVP Committee,convenience
1948
rather than linguistic factor.
TNehau Oct 1953: Rejected language as basis of reorganization.
v. Patel Andhra Pradesh was created as first
Commission (SRC) in linguistic state. This led to Fazl Ali
|fartabrai Tray4 rejected the theory of1953, which accepted
language as basis of reorganisation but
'one language one state'.
With SR Act, 1956
states and 6 UT were
created. and 7th CAA 1956, 14
New States and UT
(1) Bombay: Divided into Maha and
Guj (became 15th state) in
(2) D&N: Liberated from
Portuguese in1954. Became UT by 1960
(3) Goa, D&D : Acquired from 10th CAA 1961
Portuguese in 1961. 12th CAA 1962
conferred statehood in
1987 made them UT. Goa
(4) Puducherry: French handed over in
1954. Made UT by
(5) Nagaland 1963, by taking 14th CAA, 1962.
Naga Hills and Tuensang area out
of Assam.
 (6) Haryana, Chandigarh, HP: In 1966, Punjab bifurcated into Haryana (17th state) and UT
Chandigarh. On reco of Shah Commission (1966), Punjab and Haryana were separated. UT of
HPgiven statehood(18th) in 1971.
) North East:Statehoodfor Manipur,Tripura, Meghalaya i 1972)T status for Mizoram,
A.P
(8) Sikkim: Remained as protectoratein 1947-72 perlod. Became associate statewith 35th
CAA, 1974 (Art 2A was added). 36th CAA, 1975 gave Sikkim full statehood(22nd)
(9) Mizoram, AP, Goa: Given full statehood in 1987.
(10) Chhattisgarh, Uttarakhand, Jharkhand Created out of MP, UP, Bihar respectively, in
,2000. Became 26th, 27th, 28th states of Indla. 2011, Telangana
cama into existend.
Change of Names 2021 28 statu, 8 UT.
(1) United Provinces - UP in 1950.
(2) Madras - TN in 1969
(3) Mysore Karnataka in 1973.
(4) Laccadive, Minicoy and Amindivi Islands - Lakshwadeep in 1973

(5) UT of Delhi - NCT of Delhi in 1992 by 69th CAA 1991.

(6) Uttaranchal - Uttarakhand in 2006.

(7) Pondicherry - Puducherry in 2006.

(8) Orissa- Odisha in 2011.

Citizenship (Ch-6) Enemy

Following rights,privileges on citizens (deniedto aliens) Art 22; eneny allenc teounhy ery
deuit
(1) Art 15: Right against Discrimination
(2) Art 16: Right to equality of opportunity in public employment
(3) Art 19: Right to Freedom of Speech and Expression
(4) Art 29, 30: Cultural and Educational rights
(5) Right to vote in elections to LS, SLA.
(6) Right to contest for membership of Parliament and SL.
(7) Eligibility to hold certain public officers i.e. President, VP, Judges of SC, HC, Governor,
AG1, Advocate General of States.
I n Indial both citizens and naturalized citizensare eligible for office of President. In USA
such provision is absent for naturalized citizen.
Art 5-11. Part Il. Only identifies persons who became citizens of India at commencement
of IC (Jan 26, 1950). Empowers Parliament to enact laws w.r.t citizenship matters. So,
Citizenship Act, 1955 was enacted.
Oategories begame citizens at commencement of IC
Thus, these provisions deal with citizenship of (a) persons domiciled in India (b) persons
migrated from Pakistan (c) persons migrated to Pak but later returned (d) PIO residing
outside India.
 Assan Auord:/AA, /9BSaddud spulal provtis puson Indian 0gin uomiy ran
Bagladuh
e Jan1 1966 iHaen o Indi úi) oyer 196% , bta Mayeh as 149,
demd iHn rhr lo yrs o rgitrvig hms rg

Other constitutional provisions w.r.t citizenship

(1) Art 9: No person shall be citizen of
India if he has
foreign state. voluntarily acquired citizenship of any
(2) Art 10: Every person who Is citizen of India shall continue to be such citizen
provisions of any law made by Parliament. subject to
(3) Art 11 : Parl shall have power to make
provisions w.r.t acquisition and termination of
citizenship and all other matters w.r.t citizenship.

Citizenship Act, 1955. Amended in 1986, 1992, 2003, 2005.

Speaks of 5 ways of acquiring
citizenship
(1) Birth (2) Descent (3) Registration (4)
Naturalization (5) Incorporation of territory
ay bon uu
I t also prescribes 3 ways of losing citizenship - subjet to, buion doit belony to Louny|
(1) Renunciation (2) Termination (3)
Deprivation uwheve Idians ave breerted hpn ciisi
Poson rthounin his ikzznshib, aq uirma O Py hahuralisation.
durin wa than can b CAntekdLny úHushib|
govt Teinahon by povt; fraud, disl oyally to consti,
reid. out pl India fr 7*ys.
b S 2 ow ay s u bulorgs.
Single GHzersh: doule in Swiaubd & vs.
Single h Inolia, Canada.

Oversers GHenship_oI Indio

In 2ooo, ommi t undu L»M singhvi, to rerommud waue +o onnT
wt Indin
alobal diisboro. ciHmch Camolmct at 19sS amondud.
*qulsHon o ocI( made bozsib.
I n 2o1S, Ocz tad holdhs mboduud
Righs
speied by t0.
hot enhed to FR.: IS, 14,/9.; WP,P, Judge, voter publii suwvite.

Lonstiuton bohibs d . agandt omy ihzen on rliguon, rau, taste, ur or plau y hueth
not on g2ound residee ; stalu my ) r oncenion i u pr edu. to reident

2
 NRL: Ir dion tiHzen, ruiding out of rdia on ndian þass»T,

OC candholdu
Combanison NR PIO

Can visiE Ind, whout

RuAr e VEA NO YES
viaiting India 2

Rzgured to rgister yes,if s*ay > 18o elays. NO

No
w ol bolie st.2

AinH cAn be Ay ndesa pu VISA all erupt unanth

unduxtaktn huu 2 wuukuumissien re.

How to qgule aluady ís 7 y ridente b h

Indien ciizenship? rning t 12 mon ths.

Unitary features of IC-

Salient Features(th3) (1) Strong Centre
Federal features of Constitution- iStates not indestructible
(1) Dual polity -

(2) Written constitution.

Union and states. UBSingle constitution
(4) Flexibflity of IC w.r.t most matters of
(3) Division of powers 7th Schedule amendment.
(4) Supremacy of Constitution (5)No equality of state representation.
(5) Rigid Constitution (6) Emergency provisions
(6) Independent Judiclary. (7) Single citizenship
(7) Blcameralism (8) Integrated judiciary and
(9) All India Services Integrated election machinery.
(10) Integrated audit
machinery
(11) Parliament's authority over state list
(12) Appointment of Governor
(13) Veto over state bills,
 MAKING OF TC (Ch-2)
=

ldaa sp- CA put fonaand fa t e MNRa 1934. INC iwally

demomda CA m 1935 Demamd fral aceepek w prinipa m

Agunt 1940)
C30S Cmstiai m Nov 194 ndir sthme fommuulatrd b olainat Sin
Tatal
cregik C-389 296 (Brbish lndin) +93(prineel stala)
ach
roin pin cal stala WUL b le allsttd Stalk m oop l5 thair PE
-

Seoli allottad cach Bitsh praince be

decidhd amon 3 prinuipal cmmiwtid
Muaims, Sikhs, genaaal- m pwp s thaur
pepa.
evtodtives wet tove tbe-tkeao weberr *ttm
Keprentotins ot inay stal, hodual+d) g tur hads } stola
So, CA =
fathy latrd +Pastt minaid. NLmbers
aetd wu b be ?ndinact
mmbers pointial aknb s, who tRmselwas
ma i i tta fonckise wL ductA
Gondhi ond inah NOT paut P (CAY Lonsnent assenby
wau
Ac1946: AxRojmdia Pmad,
Eaien, HNukhug laca on ra, v.P. af CA
adhidanand inhw s app. pvor re.
AS app Comati lkztimaL Aduisor CA B.N.Rau
jecdivus ksaltjim kamd y ehu
adsgd uy CA on n 22, 94T mDec13, 1946 Umamimo ual
Changes y Indiam lndaAdonta At, 47
-Mads a ully Sunan uod w.t. CA-
Also aiuam
ksotin
-

1 a iammdt fnsmdins,lndia.
huuidas fromg Ic. CAthus huowa
Tatl fhremgth tCA bRcama 299, as ML wumbs nitadaus
kuy tndims e CA
atfid ludia's
mambershp ommondtaljh m
Adloptd notiomal ag u 22, m
May, 1949
-Adop 1947
natiomall oen n Jam 24, 1950
Adopbd hational Cng N
Jan 24, 190.
luetd D Rojendua rasad a
1s Arr2 a Idia m Jan 24,195D
CA ad 1 sesions o v
2ytas, 1L wantis md 18 das
Whunevu mit au onsiurd body thaird by Rajenlua rasad
Lgulake body byV. MavlanKa
M a j r ComnmtBAs
Umom Pasurs Comm - ehnu
-fouinial ont (omm- Sandan
-Uwin Comat Cavrm Nahaun - Dnatting Gmm tmbrdkan

-Aduiso mm. on FRs, Tubal, Excundad trtas - oidan

Awbedkon maoduad inall diat m
C CA m Nov 4, 1948, Motim fr
Drot Const 0avA paAsed Nov 26, 194s
TC
odopid m Nov 26,49-Pamnbla,8 Sskddus 396ticos,
Aaamba was vMa cdid oatr emtir anst was wacad.
Cam wdo fr on Nov 26,194- Ast
5, 6, 7, 8,9, 60,324,366, 367, 39,
380,388, 391, 392, 393
Ramainiug pr Own mts or on Jan 26, 13sU ie. D
mmcmmunt TC.
dam 26,1930 Pukma uoanaj Ao
=
a
calubaalia,ousing Agsudtin
lahgre Saltion (Duc 1929)
Indiam lndapndmc Aot, 944GoI
Aet 1935 w L paaled nith
mmencmnt of TC 8ut Abeltim thy Councl Tisdh Aet,949
Continud.
Imb. Fauts
Elephont: symbel (geal) CA.
B..Rau: Lonsi. (egal) advisor.
ad
HVR Iyengas: Setrnany to CA.
SN. Mukhuelu: Chie detmen
*Pren Rehai Narain Rai2adla: Calligrobhs; handuaiten in oui italir stye.
Dralinq wmmiltu rumbus

8.R. AmbudRas(thaiman )CKewn Modus Manu

as

N.nohalaawamy A4yangas
Alladi kzishnaswam y Ayyaa
KM Munshi
Syed MOharmmad Saadullah
N . Madhava Rau"
TT kishnamthau
 Amendment of IC (Ch-10)
Art 368, Part XX
Procedure of amendment
(1) Intro of Bill in either House by minister/private.member(not sL)
(2) To be passed in each House byspecial majority.e. majority of total membershipof
House and majority of 2/3rd of members of Housé present and
voting.
(3) No provision for JS in case of disagreement.
(4) If Bill seeks to amend federal provisionsof IC, it must also be ratified by legislatures of
there is NO TIME LIMIT for states to give their
half of the states, by simple majority. But,
assent.
Bill for reconsideration
neither withhold nor return
(5) President MUST give assent. He can

of Parliament. 29 CAA 197H

of Parl and also
Art 368 provides for 2 types of amendments, i.e. by special majority
through ratification of half of the states.
IC can be amended in 3 ways Simple majority of Parl, Special majority of Parl, Special
half of the states.
majority of Parl + Ratification by of the
members comprising the House, irrespective
Total Membership = Total number of
fact whether there are vacancies of absentees.

By Special Majority of Parliament+Consent of 50%6 states

each House and 2/3rd of members of each House present
Majority oftotal membership of
and voting.
Election of President and its manner.
and States.
Extent of Executive Power of Union
Supreme Court and High Courts.
between Union and States.
Distribution of legislative power
Any of the listsin 7th Schedule.
Parliament.
Representation of States in
itself).
Power of Parliament to amend IQ(Art 368

By Simple Majority of Parliament

states, alteration of areas of
states.
Formation of new
laHve counils)
Abolition/creation of SLCs. (State Lwis
& allowantes)
2nd Schedule. (emohumenk
Quorum in Parliament.
S&A of MPs. (sa Haa'u & allau)
Rules of Procedure in Parliament.
members and committees.
Privileges of Parliament, its
Parliament.
Use language in
ofEnglish
SC.
No. of puisne judges in SC.
Conferment of more jurisdiction on

Use of official language

termination.
Citizensbp -
acquisition and
Electiønsto Parliament and SL.
Delinitation of constituencies.
 Union Territories.
5th Schedule admin
of
6th Schedule admin of tribal
-
scheduled areas and scheduled tribes.
areas.

BySpecial Majority of Parliament

Pundámental Rights
.PSP
AlVother provisions not covered by previous categories.

Basic Structure (ch1)

Timeline-
(1) Shankari Prasad Case (1951)- Validity
as "Law" in Art 13 does not
of 1st CAA challenged. SC said Parl can
amend FRs
include CAA.

(2) Golaknath Case (1967)- Validity of 7th CAA challenged. SC said

as "Law" in Art must include CAA. Parl cannot amend FRs

So, Parliament reacts with 24th CAA 1971 which amended Art 13, 368. This meant that Parl
can amend FR and such an Act would not be in the definition of "Law" in
Art 13.

(3) Bharati Case (1973)- SC overrules Golaknath

K
verdict and
can amend FR without validates 24th
altering BS of IC. So, Parliament reacted with 42nd CAA,CAA, 1971. Parl
1976 and
amended Art 368 and declared that Parl can
amend anything,
and no challenge is possible.
(4) Minerva Mills Case (1980) SC invalidates 42nd CAA as it excludes Judicial
-

is part of BS of IC. Review which

(5)
Waman Rao Case (1981)
which are put in
-

SC said that Doctrine of BS shall be applicable to those CA

place after 24.4.1973 li.e. KB Case).
Components ofBS) from various SC judgements -
Supremacy of IC.
Sovereign, secular, democratic, republican nature of polity.
Separation of powers between E,L,J.
Federal character of IC.
Unity and integrity of nation.
Welfare state; and freedom and
dignity of individual.
Judicial review.
Parliamentary system and Rule of Law.
Harmony, balance between FR and DPSP.
Principle of Equality.
Independent Judiciary.
Free and fair elections.
Limited power of Parliament to amend IC.
Effective access to justice, and Principle of reasonableness.
Powers of SC under Art 32, 136, 141, 142