Union and its Territory,Citizenship,Fundamental Rights

Union and its Territory

❖ Article 1 to 4 under part 1 of the constitution deal with the union
and its territory
❖ Article 1
o Article 1 reads - India, that is Bharat, shall be a union of
states rather than a federation of states.
o Name of the country – India that is Bharat .
o Type of polity - Union of states not federation of states.
❖ Article 1 states that the territory of India comprises:
o The territories of the States;
o The Union territories
o Territories that may be acquired by the Indian government
in future.
Article2
❖ Relates to the admission or establishment of new states that are
not part of the union of india.
Article 3
❖ Authorised the Parliament to create regulation concerning the
formation of recent states, alteration of gift states, arrears,
boundaries and alter in names of existing States.
Article 4
❖ Laws made under Article 2 and under Article 3 are not to be
considered as amendments of the constitution under article 368.
❖ cessation of an Indian territory to foreign country does not cover
under article 3 and it can be done only by amending constitution
under article 368.

Dhar commission
❖ recommended the reorganisation of states on the basis of
administrative convenience than linguistic factor
JVP committee (Jawaharlal Nehru, Vallabhai Patel and Pattabhi
Sitaramayya)
❖ It submitted the report in 1949 and formally rejected language as
the basis for reorganisation of states
.
❖ The first linguistic state Andhra Pradesh (1953)
❖ Fazl Ali commission appointed in 1953
o Submitted the report in 1955 and broadly accepted
language as the basis of reorganisation of states.
❖ By the state reorganisation act 1956 and 7th constitutional
amendment act ,14 states and 6 union territories were created on
November 1 ,1956.
❖ Other states and union territories formed after 1956
Citizenship
❖ Part 2
❖ Articles 5 to 11.
 ❖ Citizenship –Union List Single citizenship concept was taken from
constitution of Britain.
❖ Citizenship is a legal contract between an individual and a nation.
❖ First citizen of India –President
Constitutional provisions
❖ Article 5 to 11 deals with citizenship however, it does not deal
with any permanent provisions relating to citizenship.
❖ Here constitution only describes different categories of persons
who became citizens of India at its commencement 26th January
1950.
❖ Articles 5 to 8 decide the application and condition of who can be
the citizen of india upto January 26, 1950.
❖ such people will continue to be the citizens of india until the
parliament passes any law which does not recognize them as a
citizen anymore.
Other constitutional provisions
Article 9
❖ No dual citizenship
❖ Persons voluntarily acquiring citizenship of a foreign state not to
be citizens of India.
❖ India recognizes single citizenship.
Article 10
❖ gives the power to parliament to take away the citizenship of
people who have already given the status of citizens under part
two of the constitution.
Article 11
 ❖ The constitution empowers the parliament to enact laws in case
of acquisition of citizenship, loss of citizenship or any matter
related to citizenship
Citizenship Act 1955
❖ The citizenship act of 1955 establishes guidelines for obtaining
and losing Indian citizenship.
❖ Six amendments to the citizenship act of 1955 were made in
1986,1992,2003,2005,2015 and 2019.
❖ Indian citizenship is granted and revoked in accordance with the
citizenship act 1955 and its amendments.
Ways of acquiring Indian citizenship
❖ By birth
❖ By descent
❖ By registration
❖ By naturalization
❖ By incorporation of territory
Loss of citizenship
❖ By renunciation
❖ By termination
❖ By deprivation

Citizenship amendment act 2019

The CAA, 2019 amends the Citizenship Act of 1955 to make illegal
immigrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and
Christians from Afghanistan, Bangladesh and Pakistan who entered
India on or before December 31 2014 eligible to apply for Indian
citizenship.
 Fundamental Rights
♦ Part 3
♦ Articles 12 to 35.
♦ Derived inspiration from the constitution of USA(Bill of rights)
♦ Described as magna carta of India.
♦ Fundamental rights promote political democracy.
♦ Originally there were seven fundamental rights in the
constitution.
♦ The right to property (article31)was deleted from the list of
fundamental rights by 44th amendment act.
♦ It is made a legal right under article 300-A in part 12 of the
constitution
♦ so, at present there are only six fundamental rights.

Features of fundamental rights

♦ Protection by the constitution
♦ Some FRs are available only to citizens while others are available
to all persons(citizens,foreigner,legal persons like companies or
corporations)
♦ Fundamental Rights are not absolute but qualified.
o Reasonable restrictions can be imposed on FRs by the state.
o The reasonability of such restrictions is decided by the SC.
♦ They are not sacrosanct or permanent.
o Parliament can curtail or repeal them but only by a
constitutional amendment act.
o moreover, this can be done without affecting the basic
structure of the constitution.
♦ Most rights are available against the actions of the state but
some are available against the actions of the private individuals
too.
♦ Some FRs is negative in character while others are positive.
♦ Negative FRs entail limitations on the government, while positive
FRs imposes an obligation on government to take measures.
♦ FRs are justiciable in nature.
o FRs are defended and guaranteed by the constitution.
o Hence, an aggrieved party can approach the SC for any
violation directly rather than by the way of appeal.
♦ Suspension of fundamental rights
o FRs can be suspended during the operation of a National
Emergency except the rights guaranteed by Article 20 and
21.
o FRs under Article 19 can be suspended only during the
operation of emergency declared on the grounds of war or
external aggression (not on the ground of internal
emergency)
♦ Restriction of laws: Parliament can restrict or abrogate the
application of FR in the case of armed forces, Para-military
forces, police forces, intelligence agencies and analogous
services.
♦ FR can be restricted while martial law is in force
♦ Only Parliament can make a law for the enforcement of the FR.
Article 12
♦ Article 12 defines ‘State’ as
♦ Legislative and Executive Organs of the Union Government.
♦ Legislative and Executive organs of the State Government.
♦ All local authorities.
♦ Statutory and Non-Statutory Authorities.
♦ The definition of state in Article 12 is only for the purpose of
application of the provisions contained in Part 3.
Article 13
♦ Article 13 of the Indian constitution declares that all laws that are
inconsistent with or in derogation of any of the fundamental
rights shall be void.
♦ This power has been conferred on the Supreme Court (Article 32)
and the high courts (Article 226) known as judicial review.
♦ Article 13 of the Indian Constitution mentions, State to not make
any law that violates the provisions under Part 3.

Right to Equality (Article 14 to18)

Article 14:Equality before Law and Equal protection of law.
♦ No person shall be denied treatment of equality before the law or
the equal protection of the laws within the territory of India.
♦ The right is extended to all persons whether citizens or foreigners,
statutory corporations, companies, registered societies or any
other type of legal person.
Equality before the law
♦ British origin concept.
♦ Absence of any special previleges in favour of any person
Equal protection laws
♦ Equal protection of laws
♦ Taken from American constitution
♦ The equality of treatment under equal circumstances.
Rule of law by A V Dicey (British jurist)
♦ No man can be punished except for a breach of law.
 ♦ The supreme court held that Rule of Law is a basic structure of the
constitution.
Article 15: Prohibition of Discrimination
♦ Article 15 provides that no citizen shall be discriminated on
grounds only of religion, race, caste, sex or place of birth.
Article 16: Equality of Opportunity in Public Employment.
♦ Provides for equality of opportunity for all citizens in matters of
employment or appointment to any public office.
Article 17: Abolition of Untouchability.
♦ abolishes ‘untouchability’ and forbids its practice in any form.
Article 18: Abolition of titles.
♦ abolishes titles and makes four provisions in that regard It
prohibits the state from conferring any title on any citizen or a
foreigner (except a military or academic distinction).
Right to Freedom (Articles 19 to 22)
Article 19:Protection of six rights
♦ Article 19 is available only to citizens.
♦ These six rights are protected against only state action and not
private individuals.
1. Freedom of speech and expression
2. Right to assemble peaceably and without arms.
3. Right to form associations or unions or co-operative societies
4. Right to move freely throughout the territory of India.
5. Right to reside and settle in any part of the territory of India.
6. Right to practice any profession or to carry on any occupation,
trade or business.
Article 20:Protection in Respect of Conviction for Offences
♦ Article 20 is available to citizens, foreigner or legal persons like
company or a corporation.
♦ It grants protection against arbitrary and excessive punishment to
an accused person
♦ it provides that:
o No ex-post-facto law- No person can be convicted for an act
that was not an offence at the time of its commission,
o No double jeopardy - No person can be prosecuted and
punished for the same offence more than once
o No self-incrimination -No person can be forced to give
witness against his or her own self.
Article 21:Protection of Life and Personal Liberty.
♦ Article 21 declares that no person shall be deprived of his life or
personal liberty except according to procedure established by law.
♦ Article 21 provides two rights:
o Right to life
o Right to personal liberty
♦ This right is available to both citizens and non-citizens
♦ This right has been provided against the State only.
♦ The fundamental right provided by Article 21 is one of the most
important rights that the Constitution guarantees.
♦ The Supreme Court of India has described this right as the ‘heart
of fundamental rights’.
Article 21A:Right to education
 ♦ Article 21A declares that the State shall provide free and
compulsory education to all children of the age of six to fourteen
years.
♦ This provision makes only elementary education a Fundamental
Right and not higher or professional education.
♦ This provision was added by the 86th Constitutional Amendment
Act of 2002
Article 22:Protection Against Arrest and Detention
♦ Article 22 is available to both citizens and foreigners.
♦ Article 22 grants protection to persons who are arrested or
detained.
♦ Detention is of two types, namely
o punitive (punishment after trial and conviction) o
o preventive (punishment without trial and conviction)
purpose is prevent a person from committing an offence in
near future
Right against Exploitation (Article 23 and 24)
Article 23 :Prohibition of Traffic in Human Beings and Forced Labour.
♦ The Article 23 of the Indian Constitution prohibits human
trafficking and begar (forced labour without payment)
♦ The right is available to citizens of India as well as to noncitizens.
Protects the individual not only against the state but also against
private persons
♦ The Immoral Traffic (Prevention) Act 13, 1956 has been enacted
to deal with violations of this fundamental right.
♦ Exception:compulsory military service
Article 24:Prohibition of Employment of Children in Factories ,etc.
♦ forbids employment of children below the age of 14 years in
dangerous jobs like factories and mines.
♦ However, it did not prohibit their employment in any harmless or
innocent work.
♦ The Child Labour (Prohibition and Regulation) amendment Act,
2016,amended the child labour (prohibition and regulaltion)
act,1986
♦ It has renenamed1986 act as the child and adolescent labour
(Prohibition and Regulation) Act,
♦ The 2016 amendment of this act completely prohibited
employment of children below 14 years of age in all occupations
and processes.
♦ It also prohibited the employment of adolescents (14-18 years of
age) in hazardous occupations or processes.

Right to Freedom of Religion (Article 25-28)

Article 25:Freedom of Conscience, Profession, Practice and
Propagation of religion
♦ These rights are available to citizens as well as non-citizens
♦ Conscience: A person may or may not choose to follow any
religion.
♦ Right to Profess: One can declare his/her religious beliefs and
faith openly and freely 3.
♦ Right to Practice: Performance of religious worship, rituals,
ceremonies and exhibition of beliefs and ideas. 4.
 ♦ Right to Propagate: Persuading people to convert from one
religion to another.
♦ However, the Constitution does not allow forcible conversions.
♦ It only gives us the right to spread information about our religion
and thus attract others to it.
Article 26:Freedom to Manage Religious Affairs
♦ To establish institutions
♦ To manage its religious affairs
♦ To own property
♦ To administer such property
♦ It guarantees rights of religious denominations
Article 27:Freedom from Taxation for Promotion of a Religion
♦ Article 27 lays down that no person shall be compelled to pay
any taxes for the promotion or maintenance of any particular
religion or religious denomination
Article 28:Freedom from Attending Religious Instruction
♦ Article 28 states that no religious instruction shall be provided in
any educational institution wholly maintained out of State (the
territory of India) funds
Cultural AND Educational Rights
Article 29: Protection of Interests of Minorities
♦ The term minority is not defined in the constitution.
♦ Article 29 grants protection to religious, linguistic as well as
cultural minorities.
Article 30: Right of Minorities to Establish and Administer Educational
Institutions.
 ♦ All minorities shall have the right to establish and administer
educational institutions of their choice
Article 32: Right to constitutional remedies
♦ Article 32 is considered the most important article of the
Constitution as it provides that the right to get Fundamental
Rights protected is itself a fundamental right
♦ Article 32 provides for legal remedies for the protection of
fundamental rights against their violation by the State or other
institutions/individuals.
♦ As per DR.B. R Ambedkar- Article 32 is the heart and soul of the
constitution.
♦ Article 32 is a part of basic structure of constitution hence cannot
be taken away by any law or amendment.

Writ – Types and Scope

♦ Writs are written orders issued by the Supreme Court of India to
provide constitutional remedies to protect the fundamental
rights of citizens from a violation.
♦ Article 32 also empowers Parliament to authorize any other court
to issue these writs.
♦ Article 226 empowers all the high courts of India to issue the
writs . Writs of India are borrowed from British law where they
are known as ‘Prerogative writs’.
Types of Writs
1.Habeas Corpus
♦ “Habeas Corpus” means “to have the body.”
 ♦ This writ is used to protect an individual’s liberty and ensure that
they are not unlawfully detained.
♦ When issued, it commands the authorities to produce the
detained person before the court to determine the legality of
their detention.
♦ It is a remedy against illegal confinement.
♦ This writ can be filed by the detained person himself or his
relatives or friends on his behalf.
This writ CAN be used against-
Public authorities, Private individuals
This writ CAN NOT be used against-
Lawful detention, Proceeding concerning contempt of court/legislature
Detention outside the court’s jurisdiction
2.Mandamus
♦ “Mandamus” means “command.”
♦ This writ is issued by a higher court to a lower court, tribunal, or
public authority, directing them to perform a specific duty that
falls within their legal jurisdiction.
♦ It is used to ensure that public officials and authorities perform
their duties properly.
This writ CAN be used against-
lower court,tribunal,public authority,government,corporation
This writ CAN NOT be used against-
♦ Private individual/bodyPresident, Governor
♦ CJI, CJ of the high court acting in a judicial capacity
♦ The duty in question is discretionary and not mandatory.
 ♦ For the performance of a non-statutory function.
♦ Performance of the duty involves rights of a purely private nature.
♦ Where such direction involves a violation of any law.
♦ Where there is any other remedy available under the law.
3.Prohibition
♦ “Prohibition” means “to forbid.”
♦ This writ is issued by a higher court to a lower court, prohibiting it
from proceeding with a case where it lacks jurisdiction or is acting
beyond its powers.
♦ It prevents inferior courts from exceeding their authority.
♦ It is issued to direct inactivity and thus differs from mandamus
which directs activity.
This writ CAN be used against-
Only against judicial/quasi-judicial authorities
This writ CAN NOT be used against-
Administrative and legislative bodies,Private bodies,Individuals
4.Certiorari
“Certiorari” means “to be certified.”
♦ This writ is issued by a higher court to a lower court, tribunal, or
authority, quashing or transferring a case to the higher court for
review.
♦ It is used to correct errors of jurisdiction or procedural
irregularities.
♦ It is a curative writ.
A writ of certiorari is issued by the Supreme Court or High Court to the
subordinate courts or tribunal in the following circumstances:
♦ When a subordinate court acts without jurisdiction or by
assuming jurisdiction where it does not exist, or
♦ When the subordinate court acts more than its jurisdiction by way
of overstepping or crossing the limits of jurisdiction, or
♦ When a subordinate court acts in flagrant disregard of law or rules
of procedure, or
♦ When a subordinate court acts in violation of principles of natural
justice where there is no procedure specified.
This writ CAN NOT be used against-
Legislative bodies,Private bodies,Individuals

5.Quo Warranto
“Quo Warranto” means “by what authority.”
♦ This writ is issued to question the legal authority or right of a
person to hold a public office or position.
♦ It is used to prevent unauthorized or unqualified individuals from
holding public office.
The writ can be issued only when the following conditions are fulfilled:
♦ The public office is wrongfully assumed by the private person.
♦ The office was created by the constitution or law and the person
holding the office is not qualified to hold the office under the
constitution or law.
♦ The term of the public office must be of a permanent nature.
♦ The nature of duties arising from the office must be public.
This writ CAN NOT be used against-
Ministerial offices,Private offices,Individuals

Article 33: Armed forces and fundamental rights

♦ Article 33 empowers the parliament to restrict or abrogate the
fundamental rights of the members of armed forces, Para-military
forces, police forces, intelligence agencies and analogous forces.
Article 34: Martial law and Fundamental rights
♦ Article 34 provides for the restrictions on fundamental rights
while martial law is in force in any area within the territory of
India
Article 35: Effecting certain fundamental rights
Article 35 lays down that the power to make laws, to give effect to
certain specified fundamental rights shall vest only in the Parliament
and not in the state legislatures