Polity Notes Module – 3

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Polity Notes Module – 3
Notes For CSE25
Table of Contents
Union & Its Territories ....................................................................................................................... 4
Union of States ................................................................................................................................ 4
Article 1 ......................................................................................................................................................................... 4
Article 2 ......................................................................................................................................................................... 5
Article 3 ......................................................................................................................................................................... 5
Article 4 ......................................................................................................................................................................... 7
Berubari Union Case (1960) ........................................................................................................... 7
Constitution (100th Amendment) Act 2015 ................................................................................ 7
Evolution of Indian states & UTs ................................................................................................... 8
History............................................................................................................................................................................ 8
Fazl Ali Commission .................................................................................................................................................. 8
Miscellaneous Topics .................................................................................................................... 10
Can state have their Own Flag ........................................................................................................................... 10
Flag Code (2002) ..................................................................................................................................................... 11
Har Ghar Tiranga Campaign ............................................................................................................................... 13
Smaller States Vs Larger States: The Debate ................................................................................................ 13
Citizenship ......................................................................................................................................... 16
Introduction ................................................................................................................................... 16
Constitutional Provisions ............................................................................................................. 16
Article 5 [persons domiciled in India] .............................................................................................................. 17
Article 6 [persons migrated from Pakistan]................................................................................................... 17
Article 7 [persons migrated to Pakistan but later returned] ................................................................... 17
Article 8 [Person of Indian origin residing outside India] ........................................................................ 17
Article 9 ...................................................................................................................................................................... 17
Article 10 .................................................................................................................................................................... 18
Article 11 .................................................................................................................................................................... 18
Acquisition of Citizenship (Citizenship Act of 1955) ................................................................ 18
https://t.me/prelimbits
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By Birth ....................................................................................................................................................................... 18
By Descent ................................................................................................................................................................. 18
By Registration......................................................................................................................................................... 18
By Naturalisation ..................................................................................................................................................... 19
By Incorporation of Territory .............................................................................................................................. 19
Loss of Citizenship ........................................................................................................................ 20
By Renunciation....................................................................................................................................................... 20
By Termination......................................................................................................................................................... 20
By Deprivation ......................................................................................................................................................... 20
Overseas Citizenship Of India ...................................................................................................... 21
Rights granted to OCI ........................................................................................................................................... 21
Cancellation of Registration as OCI Cardholder ........................................................................................ 21
Current Affairs ............................................................................................................................... 22
SC on Separate Domicile for a State................................................................................................................ 22
Citizenship (Amendment) Act, 2019 ................................................................................................................ 22
National Population Register (NPR) ................................................................................................................. 23
National Register of Citizens (NRC) ................................................................................................................. 24
Fundamental Rights : Conceptual Framework .............................................................................. 26
Reasons for Having Fundamental Rights ................................................................................... 27
Guaranteed Fundamental Rights ................................................................................................ 28
Un-enumerated and Enumerated Fundamental Rights ............................................................ 28
Un-enumerated Fundamental Rights .............................................................................................................. 28
Enumerated Fundamental Rights ..................................................................................................................... 28
Fundamental Rights and Human Rights .................................................................................... 28
Organisations, Conventions etc. Related to Human Rights ..................................................... 29
United Nations Human Rights Office .............................................................................................................. 29
United Nations Human Rights Council (UNHRC)........................................................................................ 29
National Human Rights Commission (NHRC) .............................................................................................. 30
Universal Declaration of Human Rights (UDHR) ......................................................................................... 31
Genocide Convention............................................................................................................................................ 32
Convention on the Elimination of All Forms of Racial Discrimination................................................. 33
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ......... 34
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United Nations Convention Against Torture ................................................................................................ 35

Convention on the Rights of the Child ........................................................................................................... 35
Convention on the Rights of Persons with Disabilities ............................................................................. 35
1951 Refugee Convention ................................................................................................................................... 36
Hague Conventions on children ........................................................................................................................ 37
Geneva Conventions 1949............................................................................................................ 37
The Four Geneva Conventions ........................................................................................................................... 38
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Union & Its Territories

Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory. [Sch 1]
Union of States
 Article 1 describes India, that is, BHARAT as a ‘Union of States’ rather than a
‘Federation of States’
 This Provision Conveys two things → one, NAME OF THE COUNTRY, and two, TYPE OF
POLITY.
o There was no unanimity in the Constituent Assembly with regard to the name of
the country. Some members suggested the traditional name (Bharat) while other
advocated the modern name (India).
o Hence, the CA had to adopt a mix of both (‘India, that is, Bharat’)
 The country is described as ‗Union‘ although its CONSTITUTION IS FEDERAL in structure.

 According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to
‗Federation of States‘ for two reasons →
o the Indian Federation is not the result of an agreement among the states like the
American Federation
o The states have no right to secede from the federation. The federation is an
UNION because it IS INDESTRUCTIBLE. The country is an integral whole and
divided into different states only for the convenience of administration.
Article 1
 TERRITORY OF INDIA can be classified into 3 categories →
o Territories of the states
o Union territories
o Territories that may be acquired by the Government of India at any time.
 According to the United Nations Convention on the Law of the Sea, 1982, Territory of
India also includes the Territorial Waters, the Continental Shelf, the Exclusive Economic
Zone or Any Other Maritime Zone of India with reference to the mainland of India as well
as the individual or composite group or groups of islands constituting part of the territory
of India.
 The provisions of the Constitution pertaining to the states are applicable to all the
states
 HOWEVER, the Special Provisions (Part XXI) applicable to some states like Maharashtra,
Gujarat, Nagaland, Assam etc.
o Further, the Fifth and Sixth Schedules contain separate provisions related to
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scheduled areas and tribal areas within the states.

 Territory of India → States + UTs + Territories that may be acquired (wider than Union
of India)
 The States are the members of the Federal System and share a distribution of powers
with the Centre.
 The Union Territories and the Acquired Territories, on the other hand, are directly
administered by the Central government
 Being a sovereign state, India can acquire foreign territories according to the modes
recognised by international law.
o The French ceded their settlements in Pondicherry, Mahe and Yanam in 1954, by
the treaty of cession. These territories were administered as ‗acquired’ territories
until 1962 as the French Parliament had not ratified the treaty of cession. After
ratification, it was constituted as a Union Territory.
Article 2
 Empowers the Parliament to ‘Admit into the Union of India, or ESTABLISH, new states
on such terms and conditions as it thinks fit‘.
 Article 2 relates to the admission or establishment of new states that are not part of
the Union of India.
 In accordance with this provision, Sikkim was admitted as a new state into the Indian
Union in 1976.
Story of Sikkim
 Before the Indian independence, Sikkim was a princely state ruled by the hereditary
monarch Chogyal.
 At the time of independence, the people of Sikkim expressed willingness to merge with
India. But the ruler was against the view and was interested in merging Sikkim with China.
 The strategic position of Sikkim was also an important reason for China to have interest in
Sikkim.
 35 & 36 Amendment Act, 1974 & 1975 →
o Terminated the protectorate status of Sikkim and conferred the status of an
associate state of the Indian Union.
 This was, however, a short-lived experiment. The people of Sikkim desired to
be an integral part of India.
o Accordingly, the Constitution 36th Amendment Act was enacted in 1975 to confer
full-fledged statehood on Sikkim.
Article 3
 Deals with the internal re-adjustment. Article 3 authorises the Parliament to form a new
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state by →
o Separation of territory from any state
o Uniting two or more states or parts of states
o Uniting any territory to a part of any state
o increase the area of any state
o Diminish the area of any state
o Alter the boundaries of any state
 State Legislative Assembly Can also present a bill for such alterations
 Article 3 lays down two conditions in this regard →
o Bill is Introduced ONLY in Parliament with prior consent of President
o President has to refer the same to the state legislature concerned for expressing
its views within a specified period.
 The President (or Parliament) is not bound by the views of the state
 In case of a Union Territory, NO REFERENCE need be made
 Thus it is clear that Parliament can redraw the political map of India according to its
will ==> TERRITORIAL INTEGRITY OR CONTINUED EXISTENCE of any state is NOT
GUARANTEED by the Constitution ==> AN INDESTRUCTIBLE UNION OF DESTRUCTIBLE
STATES
Procedure to change the name of a city or place in a state

The procedure of renaming a city is similar to that of a state. There is no constitutional provision
which talks about changing the name of a city or any area in a state. The power to change the
name is given to the State Legislation. The procedure is as follows:
 A resolution is proposed by any Member of Legislative Assembly as a request to change
the name of a particular city or place in the state.
 A discussion takes place on the resolution. In the discussion, the reasons for and
possible consequences of altering the name is discussed.
 Formal voting on the enforcement of the resolution. For the passing of the resolution, a
simple majority is required. Once the majority is achieved in the favour, the resolution is
considered passed.
 The resolution as a proposal is submitted to the Ministry of Home Affairs. The Ministry
considered the proposal and consulted with other state agencies. The agencies from
whom the approval is required are the Ministry of Railways, Intelligence Bureau, Department
of Posts, Survey of India, and Registrar General of India.
o A ‘No Objection’ certificate is issued by the Ministry if the proposal is approved
by the ministry and all the agencies.
 After getting approval from the ministry, the State Government can issue an official
notification in the Gazette. The notification must include the details of the changes made
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in the name of the state or city or any other place.

Read more : https://blog.ipleaders.in/procedure-involved-renaming-states-cities-india/
1953 Guidelines regarding name alteration

 No change is desirable unless there is a compelling reason for it, people get used to
earlier names and do not appreciate any changes. The names of a place may also be of
importance for the people of that place or area and changing it might not be welcomed by
the people.
 Any name of a place that is historically important or shares a connection with the history
of that place should be avoided from changing.
 Change in the name of a place just to show patriotism or for linguistic reasons should be
avoided. An exception to that could be made if the name of a martyr could be added to
the existing name of that place and the role of the martyr has a general recognition in
national life.
 To avoid confusion it should be kept in mind that any neighbouring place must not share
the same name.
 A detailed reason should be given by the State Government for changing the name of a
place.
Article 4
 Changes made under articles 1 to 3 are NOT to be considered as Amendments of the
Constitution under Article 368.
 This means that such laws can be passed by a Simple Majority and by the ordinary
legislative process.
Berubari Union Case (1960)

 The Supreme Court (SC) held that the power of Parliament to diminish the area of a
state (under Article 3) does NOT cover Cession of Indian territory to a foreign country.
 This point was settled by the Supreme Court in an advisory opinion [Art. 143] in 1960.
 Hence, Indian territory can be ceded to a foreign state only by amending the
Constitution under Article 368. Consequently, the 9th Constitutional Amendment Act
(1960) was enacted to transfer the said territory to Pakistan. [East Pak]
 SC in 1969 ruled that, settlement of a Boundary Dispute between India & another
country does NOT require a constitutional amendment. It can be done by executive
action as it does not involve cession of Indian territory to a foreign country.
Constitution (100th Amendment) Act 2015

 It ratified the land boundary agreement between India and Bangladesh.
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 The act amended the 1st schedule of the constitution to exchange the disputed
territories occupied by both the nations in accordance with the 1974 bilateral LBA
[Land Boundary Agreement].
 Under this deal, India transferred 111 enclaves to Bangladesh, while Bangladesh transferred
51 enclaves to India. In addition, the deal also involved the transfer of adverse possessions
and the demarcation of a 6.1 km undemarcated border stretch.
 For these three purposes, the amendment modified the provisions relating to the
territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the FIRST
SCHEDULE of the Constitution.
Evolution of Indian states & UTs

History
 In the 1950‘s there was urging demand in the people, especially in the Telugu speaking
population, for reorganisation of states on lingual lines. Potti Sreeramulu started indefinite
fast for supporting his cause of states reorganisation.
 His death on 56th day of fast resulted in widespread violence and the government was
forced to constitute a State Reorganisation Commission. In 1953, the first state of
Andhra state was created on basis of language by separating the Telugu speaking
areas from the Madras state.
Fazl Ali Commission

 The creation of Andhra state intensified the demand from other regions for creation of
states on linguistic basis.
 This forced the GoI to appoint (in December 1953) a three-member States Reorganisation
Commission under the chairmanship of Fazl Ali to re-examine the whole question. Other
two members → K.M. Panikkar and H.N. Kunzru.
 It broadly accepted language as the basis of reorganisation of states. But, it rejected

the theory of ONE LANGUAGE ONE STATE
 Its view was that the UNITY of India should be regarded as the primary consideration in
any redrawing of the country‘s political units.
 It identified four major factors that can be taken into account in any scheme of
reorganisation of states →
o Preservation and strengthening of the unity and security of the country.
o Linguistic and cultural homogeneity.
o Financial, economic and administrative considerations.
o Planning and promotion of the welfare of the people in each state as well as of the
nation as a whole.
 The commission suggested the abolition of the four-fold classification [ABCD] of states
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under the original Constitution and creation of 16 states and 3 centrally administered
territories.
 The Government of India accepted these recommendations with certain minor
modifications.
 By the States Reorganisation Act (1956) and the 7th AA (1956), the distinction btw
Part-A and Part-B states was done away with and Part-C states were abolished.
 As a result, 14 states and 6 union territories were created on November 1, 1956.

The States Reorganisation Act (1956)
 Create Kerala : by merging the →
o Travancore - Cochin State with the Malabar District of Madras state and
Kasargode of South Canara (Dakshina Kannada).
 Merged : Telugu-speaking areas of Hyderabad state with the Andhra state ==>
Andhra Pradesh state
 Merged : following into Madya Pradesh state →
o Madya Bharat state
o Vindya Pradesh state and
o Bhopal state
 Merged : Saurashtra state and Kutch state into Bombay state
 Merged : Coorg state into Mysore state
 Merged : Patiala and East Punjab States Union (Pepsu) into Punjab state
 Merged : Ajmer state into Rajastan state. Moreover, it created the
 New UT → Laccadive, Minicoy and Amindivi Islands from from the Madras state
7th Amendment Act, 1956

 Reasons → To implement the recommendations of the State Reorganization Committee
and to implement the State Reorganization Act, 1956.
 Amendments →
o 2nd and 7th Schedules were amended
o Abolished the existing classification of states into four categories i.e., Part A, Part B,
Part C, and Part D states, and reorganised them into 14 states and 6 union territories.
o Extended the jurisdiction of high courts to union territories.
o Provided for the establishment of a COMMON HIGH COURT for two or more states.
o Provided for the appointment of additional and acting judges of the high court.
o SAME PERSON AS GOVERNOR FOR TWO OR MORE STATES has been added to
article 153.
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The chronology of states' & UTs bifurcation in India after 1956

 1960 - Bombay state split into Maharashtra and Gujarat
 1961 - Dadra & nagar Haveli [UTs] → 10th AA 61
 1962 – Goa, Daman & diu [UTs] → 12th AA 62
 1962 - Puducherry was created which comprises former French colony Puducherry,
Karaikal, Mahe and Yanam → 14th AA
 1963 - Nagaland carved out of Assam
 1966 - Haryana and Himachal Pradesh carved out of Punjab state
 1972 - Meghalaya , Manipur and Tripura were formed (+ UT of Mizoram and Arunachal
Pradesh from Assam]
 1975 - Sikkim became part of Indian union
 1987 - Goa, Arunachal Pradesh & Mizoram got statehood status
 2000 - Chhattisgarh, Uttarakhand and Jharkhand [from MP, UP & Bihar resp.]
 2014 - Telangana (out of Andhra Pradesh)
 2019 – UT of J&K and UT of Ladakh were carved out from J&K.
At presently India has 28 State & 8 UTs
Miscellaneous Topics
Can state have their Own Flag
 The existing legal provisions do not prohibit states from having their own flags
 Under the Constitution, a flag is not enumerated in the 7th Schedule.
o However, Article 51A ordains that every citizen shall abide by the Constitution
and respect its ideals and institutions, the national flag, and the national
anthem.
 There is No other provision regulating hoisting of flags, either by the States or by the
public.
 The Parliament has framed legislations regulating the hoisting of the national flag →
Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of
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Insults to National Honour Act, 1971.

 Under the 1950 Act the statutory prohibition is ONLY against ―use for any trade,
business, calling or profession, or in the title of any patent, or in any trademark of
design, any name or emblem specified in the Schedule‖.
 The 1971 Act Prohibits Insulting the national flag by burning it, mutilating it, defacing
it, etc. However, there is no prohibition against any State hoisting its own flag
 Also, the Flag Code of India, 2002 does not impose prohibitions on a State flag.
 Further, the Code provides space for a State flag as long as it does not offend the dignity
and honour of the national flag
Flag Code (2002)

 The USE, DISPLAY & HOISTING of the National Flag in the country is guided by an
overarching set of instructions called the ‘Flag Code of India 2002’. It brings together all
laws, conventions, practices, and instructions for the display of the National Flag. It governs
the display of the National Flag by private, public, and government institutions.
 The Flag Code of India took effect on January 26, 2002. As per Clause 2.1 of the Flag
Code of India, there shall be NO RESTRICTION ON THE DISPLAY OF THE NATIONAL FLAG
by members of the general public, private organizations, educational institutions etc.
consistent with the dignity and honour of the National Flag.
 The National Flag shall be a tri-colour panel made up of three rectangular panels or sub-
panels of equal widths. The colour of the top panel shall be India saffron (Kesari) and that
of the bottom panel shall be India green. The middle panel shall be white, bearing at its
centre the design of Ashoka Chakra in navy blue colour with 24 equally spaced spokes.
The Ashoka Chakra shall preferably be screen printed or otherwise printed or stenciled or
suitably embroidered and shall be completely visible on both sides of the Flag in the centre
of the white panel.
 The National Flag shall be rectangular in shape. The ratio of length to height (width) of flag
shall be 3:2.
o This means that the length of the flag is 1.5 times the height of the flag. For example,
if the height of the flag is 2 units, then the length of the flag would be 3 units. This
ratio ensures the flag maintains its rectangular shape regardless of its size.
 The code states that the National flag can be of NINE standard dimensions as follows →
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Recent Amendment
 The Flag Code of India, 2002 was amended vide Order dated December 30, 2021, and
National Flag made of polyester or machine made flag have also been
allowed. Now, the National Flag shall be made of hand-spun, hand-woven
or machine-made cotton/polyester/wool/silk/khadi bunting, as per the
amended flag code.
Rules Governing the Tricolour
 The Emblems and Names (Prevention of Improper Use) Act, 1950
o It restricts the use of the national flag, the coat-of-arms used by a government
department, the official seal of the President or Governor, the pictorial representation
of Mahatma Gandhi and the Prime Minister, and the Ashoka Chakra.
 The Prevention of Insults to National Honour Act, 1971
o It prohibits the desecration of or insult to the country’s national
symbols, including the national flag, the Constitution, the national anthem and
the Indian map.
o A person who is convicted for the following offences under the Act is disqualified to
contest in the elections to the Parliament and state legislature for 6 years.
 Offence of insulting the National Flag,
 Offence of insulting the Constitution of India,
 Offence of preventing the singing of the National Anthem.
 Part IV-A of the Constitution
o The Part IV-A of the Constitution (Article 51-A) specifies the eleven Fundamental
Duties.
o According to Article 51A (a), it shall be the duty of every citizen of India to abide
by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem.
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Har Ghar Tiranga Campaign

 ‘Har Ghar Tiranga’ is a campaign under the aegis of Azadi Ka Amrit Mahotsav to
encourage people to bring the Tiranga home and to hoist it to mark the 75th year of
India’s independence.
 Our relationship with the flag has always been more formal and institutional than personal.
 Bringing the flag home collectively as a nation in the 75th year of independence thus
becomes symbolic of not only an act of personal connection to the Tiranga but also an
embodiment of our commitment to nation-building.
 The idea behind the initiative is to invoke the feeling of patriotism in the hearts of the
people and to promote awareness about the Indian National Flag.
 Under this campaign Flag can now be flown even at Night.
o Earlier, the tricolour could be hoisted only between sunrise and sunset.
Historical BackGround
 1906
o The first national flag, which consisted of three horizontal stripes of red, yellow
and green, is said to have been hoisted on 7th August, 1906, at the Parsee Bagan
Square, near Lower Circular Road, in Calcutta (now Kolkata).
 1921
o Later, in 1921, freedom fighter Pingali Venkayya met Mahatma Gandhi and
proposed a basic design of the flag, consisting of two red and green bands.
 1931
o After undergoing several changes, the Tricolour was adopted as our national flag
at a Congress Committee meeting in Karachi in 1931.
 1947
o The Indian flag was adopted in its present form during a meeting of the Constituent
Assembly held on 22nd July 1947.
Smaller States Vs Larger States: The Debate

Creation of smaller states and the consequent administrative, economic and developmental
implication. (Mains 2011: Essay)
Whether to have smaller states or larger states has been debated many a time. The debate was
vibrant when Chhattisgarh, Jharkhand and Uttarakhand were created. However, both smaller states
and larger states have their own merits and demerits.
Merits of Smaller States

 When the state is smaller in size, it can lead to better administration because the
geographic area to be governed is less.
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 Further, it will have more homogeneity which will improve the understanding of the needs,
aspirations and problems of the people, so that the policy formulation and implementation
becomes more rational and citizen-centric.
 The homogeneity in the small states will improve social capital and trust, political consensus
and increase the potential for the participation of common man.
 Size of the government expenditure becomes smaller which in turn could reduce the
possibility of corruption or atleast reduce the amount of corruption.
 A small state will not have more powers to be hegemonistic as they will not enjoy high
political clout. Larger states have at times attempted to use their political importance to
hold the union government to ransom for their political demands and cater to their
parochial tendencies. The union government had been left to embarrassment as they could
not control the larger states. For instance, the union government had not been able to
resolve the interstate river water disputes if it was between two larger states—Cauvery
water dispute between Tamil Nadu and Karnataka is an example.
 Uttar Pradesh, the largest state had attempted to bring the union government to a halt by
pulling all its civil servants in the central deputation when there was a misunderstanding
with the union government. This is remotely possible in case of a smaller state.
 Economic backwardness was one of the important grounds for demanding smaller states.
Lack of development since independence was the main reason for the demand for
Telengana, which was formed in 2014. The demand for the formation of Vidarbha, Bodoland
and Saurashtra, as separate states gained strength after the formation of Telengana. States
like Punjab, Kerala are quoted as examples for the development of a state, when it is small.
However, the size of the state alone is not a reason for development. The North-Eastern states and
states like Haryana which are small had not developed. On the contrary, states like Tamil Nadu,
Karnataka or Gujarat have shown remarkable development although they are larger in size. Kerala,
being a small state has performed in the social development but in economic front its performance
is not countable.
 The growth and development of a state do not depend on the size of the state but several
other factors. There should be scope for development in the state in terms of the resources,
financial capability, human resources, etc.
 Further, the style of governance is an important factor contributing to the development of
the state. Although Tamil Nadu is one among the developed states in India today, the states
has lost its place in the rank list of the industrialized states. But during 1960s Tamil Nadu
was one of the top-ranking state in the list. In the post 1969 phase, the state came under
the rule of the Dravidian parties which have not been as positive as it was before.
 Another important factor contributing to the development of a state is the visionary
leadership.
 To quote as an example Kamaraj as Chief Minister of Tamil Nadu is remembered for his
vision and making the state a topper in industrial growth. After him the visionary leadership
is still at large. To quote more, one can take the example of Jharkhand and Chhattisgarh,
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though these states are small, with relatively high social homogeneity and being blessed
with natural resources, have been suffering from the left-wing extremism and are struggling
to develop.
 Hence, it is not the size of the state alone, a reason for the development, but is other
important factors like the availability of resources and more specifically the style of
governance and visionary leadership that bring development to a state
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Citizenship
Introduction
 Part II of the constitution, between Articles 5 and 11.
 This is one of the provisions of the constitution that came into force immediately after
the constituent assembly adopted the constitution in 1949. It was required to bring it to
force before the commencement of the constitution, to conduct the election.
 Based on citizenship peoples can be categorised into
o Citizens and aliens.
o Aliens are of two categories—friendly aliens or enemy aliens.
Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it
provides for only a single citizenship, that is, the Indian citizenship. The CITIZENS IN INDIA
OWE ALLEGIANCE ONLY TO THE UNION. There is no separate state citizenship. The other
federal states like USA and Switzerland, on the other hand, adopted the system of double
citizenship.
In India BOTH a citizen by birth as well as a naturalised citizen are eligible for the OFFICE OF
PRESIDENT while in USA, only a citizen by birth is eligible for the office of President.
Constitutional Provisions
 Articles 5 to 11 under Part II.
 However, it contains neither any permanent nor any elaborate provisions in this
regard. It ONLY IDENTIFIES the persons who became citizens of India at its
commencement (i.e., on January 26, 1950).
 It does not deal with the problem of Acquisition or Loss Of Citizenship subsequent to
its commencement.
 It empowers the Parliament to enact a law to provide for such matters and any other
matter relating to citizenship → Citizenship Act, 1955
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Article 5 [persons domiciled in India]

 A person who had his Domicile in India and also fulfilled any one of the three conditions →
o if he was born in India; or
o if either of his parents was born in India; or
o if he has been ordinarily resident in India for five years immediately before the
commencement of the Constitution, became a citizen of India
 The term ‗domicile’ is not defined in the Constitution. The basic idea of ‗domicile‘ is
permanent home. A person‘s domicile is the country which is considered by law to be his
permanent home.
 As the Supreme Court has observed in Central Bank of India v. Ram Narain, an intention to
reside for ever in a country where one has taken up his residence is an essential constituent
element for the existence of domicile in that country.
Article 6 [persons migrated from Pakistan]

 A person who migrated to India from Pakistan became an Indian citizen if he or either of
his parents or any of his grandparents was born in undivided India and also fulfilled any
one of the two conditions →
o in case he migrated to India before July 19, 1948, he had been ordinarily resident in
India since the date of his migration; or
o in case he migrated to India on or after July 19, 1948, he had been registered as a
citizen of India. [had to be Resident in India for six months six].
Article 7 [persons migrated to Pakistan but later returned]

 A person who migrated to Pakistan from India after March 1, 1947, but later returned to
India for resettlement could become an Indian citizen. [resident in India for six months]
Article 8 [Person of Indian origin residing outside India]

 At the time of independence, there was a large population of Persons of Indian Origin
living in many countries other than India.
 Many of they were transported to the respective countries as indentured labourers by the
British Indian government.
 A person who, or any of whose parents or grandparents, was born in undivided India but
who is ordinarily residing outside India shall become an Indian citizen if he has been
registered as a citizen of India by the diplomatic or consular representative of India.
Article 9
 No person shall be a citizen of India or be deemed to be a citizen of India, if he has
voluntarily acquired the citizenship of any foreign state
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Article 10
 Every person who is or is deemed to be a citizen of India shall continue to be such citizen,
subject to the provisions of any law made by Parliament
Article 11
 Parliament shall have the power to make any provision with respect to the acquisition
and termination of citizenship and all other matters relating to citizenship
Acquisition of Citizenship (Citizenship Act of 1955)

By Birth
 A person born in India on or after 26th Jan. 1950 but before 1st July 1987 is a citizen of
India by birth irrespective of the nationality of his parents.
 A person born in India on or after 1st July 1987 is considered as a citizen of India only if
either of his parents is a citizen of India at the time of his birth.
 Further, those born in India on or after 3rd December 2004 are considered citizens of
India only if both of their parents are citizens of India or one of whose parents is a citizen of
India and the other is not an illegal migrant at the time of their birth.
The children of foreign diplomats posted in India and enemy aliens CANNOT ACQUIRE Indian
citizenship by birth.
By Descent
 A person born outside India on or after 26th January 1950 but before 10th December 1992
is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
 A person born outside India on or after 10th December 1992 is considered as a citizen of
India if either of his parents is a citizen of India at the time of his birth.
 From 3rd December 2004 onwards, a person born outside India shall not be a citizen of
India by descent, unless his birth is registered at an Indian consulate within one year
of the date of birth.
By Registration
Central Government may, on an application, register as a citizen of India any person (not being an
illegal migrant) if he belongs to any of the following categories, namely:-
 a person of Indian origin who is ordinarily resident in India for seven years before making
an application for registration;
 a person of Indian origin who is ordinarily resident in any country or place outside
undivided India;
 a person who is married to a citizen of India and is ordinarily resident in India for seven
years before making an application for registration;
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 minor children of persons who are citizens of India;

 a person of full age and capacity whose parents are registered as citizens of India;
 a person of full age and capacity who, or either of his parents, was earlier citizen of
independent India, and is ordinarily resident in India for twelve months immediately before
making an application for registration;
 a person of full age and capacity who has been registered as an overseas citizen of India
cardholder for five years, and who is ordinarily resident in India for twelve months before
making an application for registration.
Any person acquiring citizenship by this mode needs to take an oath of allegiance to the
constitution of India.
By Naturalisation
 Citizenship of India by naturalization can be acquired by a foreigner who is not an illegal
migrant, if he is ordinarily resident in India for →
o Twelve years throughout the period of twelve months immediately preceding the
date of application.
o Eleven years in the aggregate in the fourteen years preceding the twelve months.
o He also has an adequate knowledge of a language specified in the Eighth Schedule

to the Constitution
 However, the GoI may waive all or any of the above conditions for naturalisation in the
case of a person who has rendered distinguished service to the Science, Philosophy, Art,
Literature, World Peace or Human Progress.
 Every naturalised citizen must take an oath of allegiance to the Constitution of India.
By Incorporation of Territory
 If any foreign territory becomes a part of India, the GoI specifies the persons who among
the people of the territory shall be the citizens of India. Such persons become the citizens of
India from the notified date.
 For example, when Pondicherry became a part of India, the Government of India issued the
Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, 1955.
Special Provisions as to Citizenship of Persons Covered by the Assam Accord
The Citizenship (Amendment) Act, 1985, added special provisions as to citizenship of persons
covered by the Assam Accord (which related to the foreigners‘ issue) →
 All persons of Indian origin who came to Assam before the 1st January, 1966 from
Bangladesh and who have been ordinarily residents in Assam since the date of their entry
into Assam shall be deemed to be citizens of India as from the 1st January, 1966.
 Every person of Indian origin who came to Assam on or after the 1st January, 1966 BUT
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BEFORE the 25th March, 1971 from Bangladesh and who has been ordinarily resident in
Assam since the date of his entry into Assam and who has been detected to be a foreigner
shall register himself. Such a registered person shall be deemed to be a citizen of India
for all purposes as from the date of expiry of a period of ten years from the date of
detection as a foreigner. But, in the intervening period of ten years, he shall have the same
rights and obligations a s a citizen of India, excepting the right to vote.
Loss of Citizenship
The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under
the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation:
By Renunciation
 Any citizen of India of full age and capacity can make a declaration renouncing his Indian
citizenship. Upon the registration of that declaration, that person ceases to be a citizen of
India. However, if such a declaration is made during a war in which India is engaged, its
registration shall be withheld by the Central Government
 Further, when a person renounces his Indian citizenship, every minor child of that person
also loses Indian citizenship. However, when such a child attains the age of 18, he may
resume Indian citizenship. Till then will enjoy the rights of foreigner.
 According to The Ministry of external affairs more than 16.7 lakh Indians have
renounced their citizenship since 2011, including 2,25,620 people in 2022. (highest during
the period).
 According to The Ministry, individuals renounced Indian citizenship due to personal
reasons, which are unknown to the government.
By Termination
 When an Indian citizen voluntarily (consciously, knowingly and without duress, undue
influence or compulsion) acquires the citizenship of another country, his Indian
citizenship automatically terminates.
 This provision, however, does not apply during a war in which India is engaged.
By Deprivation
 the citizen has obtained the citizenship by fraud:
 the citizen has shown disloyalty to the Constitution of India:
 the citizen has unlawfully traded or communicated with the enemy during a war;
 the citizen has, within five years after registration or naturalisation, been imprisoned in any
country for two years; and
 the citizen has been ordinarily resident out of India for seven years continuously.
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Overseas Citizenship Of India

 In September 2000, the Government of India had set-up a High Level Committee on the
Indian Diaspora under the Chairmanship of L.M. Singhvi.
 The Mandate of the Committee was to make a comprehensive study of the global
Indian Diaspora and to recommend measures for a constructive relationship with
them.
 It Recommended the amendment of the Citizenship Act (1955) to provide for grant of
dual citizenship to the Persons of Indian Origin (PIOs) belonging to certain specified
countries.
 Accordingly, the Citizenship (Amendment) Act, 2003, made provision for acquisition of
Overseas Citizenship of India (OCI) by the PIOs of 16 specified countries other than
Pakistan and Bangladesh.
 Later, the Citizenship (Amendment) Act, 2005, expanded the scope of grant of OCI for
PIOs of all countries except Pakistan and Bangladesh as long as their home countries all
dual citizenship under their local laws.
Note : OCI is not actually a dual citizenships as the Indian Constitution forbids dual
citizenship or dual nationality (Article 9).
 Again, the Citizenship (Amendment) Act, 2015, introduced a new scheme called
―Overseas Citizen of India Cardholder‖ by merging the PIO card scheme and the OCI
card scheme.
Rights granted to OCI

 An overseas citizen of India cardholder shall be entitled to such rights, as the Central
Government may specify in this behalf.
Cancellation of Registration as OCI Cardholder

 the registration as an OCI cardholder was obtained by means of fraud, false
representation or the concealment of any material fact; or
 Shown disaffection towards the Constitution of India; or
 the OCI cardholder has, during any war in which India may be engaged, unlawfully
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traded or communicated with an enemy; or
 the OCI a cardholder has, within five years after registration, been sentenced to
imprisonment for a term of not less than two years; or
 the marriage of an OCI cardholder
o has been dissolved by a competent court of law or otherwise; or
o has not been dissolved but, during the subsistence of such marriage he has
solemnised marriage with any other person.
Current Affairs
SC on Separate Domicile for a State
https://www.thehindu.com/news/national/no-separate-domicile-for-a-state-supreme-
court/article65895567.ece
 This judgment was given when the SC was dealing with an appeal filed by Telangana
against a High Court judgment regarding the Andhra Pradesh State Reorganisation Act,
2014.
 The HC upheld an officer's claim to be posted in Telangana and not Andhra Pradesh post
the bifurcation of the State under the Andhra Pradesh Reorganisation Act in 2014.
 The SC said that the Andhra Pradesh State Reorganisation Act, 2014 or any other
guidelines cannot take away from citizens the right to reside and settle in any part of
the country.
 It observed that there is only one domicile, that is, the domicile of the country and
there is no separate domicile for a State.
Citizenship (Amendment) Act, 2019

 The Bill seeks to grant Indian Citizenship to persons belonging to Hindu, Sikh, Buddhist,
Jain, Parsi and Christian communities who have migrated to India after facing persecution
on grounds of religion in Pakistan, Afghanistan and Bangladesh.
 It basically intends to make it easier for non-Muslim immigrants from India‘s three
Muslim-majority neighbours to become citizens of India.
 It mends the Citizenship Act, 1955, and for the first time, will grant citizenship on the basis
of religion to non-Muslim communities who entered India on or before December 31, 2014
 Exceptions → The provisions on citizenship for illegal migrants will not apply to two
categories
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o States protected by the ‘Inner Line’, and areas covered under the Sixth Schedule of
the Constitution
National Population Register (NPR)

 It is a Register of usual residents of the country.
 It is being prepared at the local (Village/sub-Town), sub-District, District, State and
National level under provisions of the Citizenship Act 1955 and the Citizenship
(Registration of Citizens and issue of National Identity Cards) Rules, 2003.
 It is mandatory for every usual resident [Citizen + Non Citizen] of India to register in
the NPR.
 Objectives: To create a comprehensive identity database of every usual resident in the
country.
 The NPR was first collected in 2010 and then updated in 2015.
 Note : However, unlike the NRC, the NPR is not a citizenship enumeration drive as it
records even a foreigner staying in a locality for more than six months.
Who is a usual resident?
 A usual resident is defined for the purposes of NPR as a person who has resided in a local
area for the past 6 months or more or a person who intends to reside in that area for
the next 6 months or more.
Components
 The NPR database would contain demographic as well as biometric details.
 As per the provisions of the NPR, a resident identity card (RIC) will be issued to individuals
over the age of 18. This will be a chip-embedded smart card containing the demographic
and biometric attributes of each individual. The UID number will also be printed on the
card.
What is the controversy around it?
 Comes in the backdrop of the NRC excluding lakhs of people in Assam.
 It intends to collect a much larger amount of personal data on residents of India.
 There is yet no clarity on the mechanism for protection of this vast amount of data.
Why does the government want so much data?
 Every country must have a comprehensive identity database of its residents with relevant
demographic details. It will help the government formulate its policies better and also
aid national security.
 It will ease the life of those residing in India by cutting red tape. Not only will it help
target government beneficiaries in a better way, but also further cut down paperwork and
red tape in a similar manner that Aadhaar has done.
 With NPR data, residents will not have to furnish various proofs of age, address and
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other details in official work.

 It would also eliminate duplication in voter lists, government insists.
National Register of Citizens (NRC)

 NRC was first introduced after the 1951 Census of India and Assam was the first in
updating this NRC for including the names of the persons along with their descendants
whose name was successfully registered in the NRC of 1951, or was found in any of the
electoral rolls till the midnight of 24th March 1971.
 The main purpose for the introduction and updating of the NRC in Assam was the
identification of the illegal immigrants in Assam who had migrated to Assam from
Bangladesh during the 1971 war with Pakistan.
NRC in Assam
 The objective behind the NRC update is the identification of the illegal migrants who
migrated from Bangladesh after 24th March 1971 to Assam.
 It also aims at determining whether the citizens applying for their names in the NRC are the
genuine citizens of Assam or not.
 One of the basic criteria for identification was that the names of the family members of
the applicant should be present in the NRC prepared in 1951 or in the electoral rolls
up till March 24, 1971.
 A person also can present the following documents as proof of his/her citizenship:
1. Birth certificate
2. LIC policy
3. Refugee registration certificate
4. Land and tenancy records
5. Citizenship certificate, passport, government-issued licence or certificate
6. Bank/post office accounts and permanent residential certificate
7. Government employment certificate, educational certificate and court records.
Since the year 1950, due to the migrations taking place into Assam, there has been a fear of
losing their cultural identity and the demography of the state in the minds of the original
inhabitants. This led birth to Popular Assam Movement during late 70s.
North Kamrup violence

 North Kamrup violence was a series of violent activities in North Kamrup, Assam, on 4–5
January 1980 between those who supported the Assam Movement and those who
opposed it
 Triggered by the death of a high school student, a member of the AASU, it led to a series of
attacks and counter-attacks between Assamese and immigrant villages leading to a curfew.
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Assam Movement
 The Assam Movement (also Anti-Foreigners Agitation) (1979–1985) was a popular
uprising in Assam, India, that demanded the Government of India to detect,
disenfranchise and deport illegal aliens.
 Led by All Assam Students Union (AASU) and All Assam Gana Sangram Parishad (AAGSP)
the movement defined a six-year period of sustained civil disobedience campaigns, political
instability and widespread ethnic violence (Nellie massacre, 1983).
 The movement ended in 1985 with the Assam Accord
Assam Accord, 1985
 During the year 1985, the Assam Accord was signed between the All Assam Students Union
(AASU), the All Assam Gana Sangram Parishad and the then Central Government led by
Rajiv Gandhi to bring stability in the state. The provisions of the Assam Accord were:
o Any foreigner will be given full citizenship including the right to vote if he/she had
come to Assam between 1951 and 1961
o The foreigners who had migrated to Assam between 1961 and 1971 will be given
all the rights of citizenship except the right to vote, which would be denied for a
period of ten years and those who entered Assam after the year 1971 would be
deported.
 Many difficulties arose during the implementation of the Assam Accord as it led to massive
law problems. Even many people were killed during a mob attack.
 In 2013, an order was passed by the Supreme Court for completion of the NRC update by
December 31st, 2017.
 Currently, the Supreme Court is responsible for monitoring the entire process of NRC
updation. The NRC is updated on the basis of the Citizenship Act, 1955 and The Citizenship
(Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
Eligibility Criteria for NRC
A person should fulfil the following criteria to be eligible for the NRC:
 Any persons whose names appeared in the NRC of 1972 or in any of the Electoral Rolls
till the date of 24th March 1971 (midnight) as well as their descendants.
 Persons who had registered themselves as per the rules of the Central Government with the
Foreigners Registration Regional Officer (FRRO) and are not considered illegal migrants
or foreigners by any authority.
 Any person who had migrated to Assam on or after 1st January 1966 but before 25th March
1971.
 People who are original inhabitants of Assam and their children and descendants who are
citizens of India provided their citizenship is ascertained beyond a reasonable doubt by the
registering authority.
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 Persons who can provide any one of the documents issued up to midnight of 24 March
1971 as mentioned in the list of documents admissible for citizenship.
Fundamental Rights : Conceptual Framework

 Since the 17th century, if not earlier, human thinking has been veering round to the theory
that man has certain essential, basic, natural and inalienable rights or freedoms and it is the
function of the state, in order that human liberty may be preserved, human personality
developed, and an effective social and democratic life promoted, to recognise these rights
and freedoms and allow them a free play.
 The concept of human rights can be traced to the Natural Law Philosophers, such as,
Locke and Rousseau.
o The natural law philosophers philosophized over such inherent human rights and
sought to preserve these rights by propounding the theory of ―social compact‖.
o According to LOCKE, man is born ―with a title to perfect freedom and an
uncontrolled enjoyment of all the rights and privileges of the Law of Nature‖
and he has by nature a power ―to preserve his property—that is, his life, liberty,
and estate, against the injuries and attempts of other men.‖
 The Declaration of the French Revolution, 1789, which may be regarded as a concrete
political statement on Human Rights and which was inspired by the LOCKEIAN
philosophy
 The modern trend of guaranteeing Fundamental Rights to the people may be traced to
the Constitution of the U.S.A. drafted in 1787.
o The U.S. Constitution was the first modern Constitution to give concrete
shape to the concept of human Rights by putting them in to the Constitution and
making them justiciable and enforceable through the instrumentality of the
courts.
o The original U.S. Constitution did not contain any Fundamental Rights.
o Consequently, the Bill of Rights came to be incorporated in the Constitution in

1791 in the form of ten amendments which embody the LOCKEIAN ideas about the
protection of life, liberty and property.
 In India fundamental rights can be traced to Motilal Nehru Committee Report 1928.
The term fundamental rights have not been defined objectively. There are widely accepted
meanings of the term.
 Fundamental rights are defined as the rights which are essential for a human being, in a
civilized society, to utilize his fullest possible potential to the fullest possible extent to
achieve the fullest possible development.
Nehru Report
 All Parties Conference on 19 May 1928 appointed committee headed by Motilal Nehru
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to work out details of the constitution.

 It recommended for inclusion of a Declaration of Rights in the constitution to assure
fullest liberty of conscience and religion.
 Syed Ali Imam and Shoaib Qureshi were the two Muslims members of the nine-member
committee.
Reasons for Having Fundamental Rights

According to Professor Laski, the Civil Liberties enjoyed by the citizens determine whether a
democracy succeeds or fails. A true democracy needs to limit the will of the majority so that
it does not become a ‗Tyrannical Rule By Majority‘.
In a modern democracy, this is sought to be done by guaranteeing the bill of rights.
The following are the main reasons for incorporating fundamental rights in any modern
democratic constitution:
 Any good rule has to ensure the presence of all the conditions which are essential for the
pursuit of ‗happiness‘ of a human being. It is the ultimate aim of human birth. This can be
possible only by guaranteeing the fundamental rights.
 The conflict between the liberties of the individual and those of the society is common in
any society. This conflict is balanced by the fundamental rights and conditions for the
peaceful and harmonious coexistence is created.
 Absolute power can result in tyranny. This can be prevented only by guaranteeing the
fundamental rights.
 Every society has its own historical errors which has rendered a section of the population
underprivileged or deprived. For instance, in India the practice of untouchability had
resulted in the discriminative treatment of people which was justified as an accepted social
practice. To correct these historical errors fundamental rights are needed.
 Every society aims at modernizing its social, cultural, and economic institutions. Such
modernization requires changes to be brought in the social values, attitudes and aspirations
of the people. Such changes have to be smooth and harmonious. This can be possible only
by guaranteeing the fundamental rights.
 Democracy has rights of the citizens as its central element. The ‗success and failure of the
democracy depends on the extent to which the liberties are enjoyed by the citizens‘.
[Professor Laski]
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Guaranteed Fundamental Rights

 Guaranteed fundamental rights refer to such rights that are enforced in a court of law.
Without being enforceable, the fundamental rights become meaningless.
 Hence, they need to guaranteed due to the following reasons →
o Pattern of politics and associated controversies are not constant and they are
ever-changing. Fundamental rights have to be kept out of such uncertainties and
so they need to be guaranteed. Otherwise, the rights will be subjected to the free
interpretation of political conditions.
o Fundamental rights must be established as legal principles which the court will
apply as standards while determining the cases. Hence, they have to be kept away
from the reach of the majority in the legislature and officials in the government.
o To protect the individual citizens from the excesses of the state actions.
Un-enumerated and Enumerated Fundamental Rights

Un-enumerated Fundamental Rights
 Certain constitutions do not expressly enumerate the fundamental rights.
 They are left to be understood by the citizen by deducing them from the law. For this the
citizen is required to know law. English constitution is an example.
Enumerated Fundamental Rights

 Certain other constitutions expressly mention the list of fundamental rights. For instance,
Indian constitution contains a list of fundamental rights.
 Given the low rate of literacy in India, people cannot be expected to know law for exercising
their fundamental rights. Hence, the founding fathers of the constitution chose to provide
enumerated fundamental rights.
Fundamental Rights and Human Rights

Human rights, according to the UN Human Rights Declaration, 1948, are the rights that are
29
fundamental to all men and women that enable them to use all possible talents, skills abilities,
the power of reasoning in order to achieve maximum possible extent their material and spiritual
goals. Almost all the fundamental rights included the meaning of human rights. However, these
two sets of rights differ in the following
Fundamental Rights Human Rights
 Confined to the territory to which the  Do not have any geopolitical limitations.
constitution guaranteeing the
fundamental rights is applicable.
 They are politically guaranteed.  No political guarantee.
 Enforceable by a court of law.  Not enforceable.
 They are not absolute. Are subjected to  They are relatively more absolute.
reasonable restrictions imposed  No restriction can be imposed on
whatsoever grounds.
 Citizens exclusively and those available to  They are applicable to all men
all persons. irrespective of citizenship.
 Narrow in scope of working.  Broader in scope and encompasses even

the fundamental rights.
Organisations, Conventions etc. Related to Human Rights

United Nations Human Rights Office
 The Office of the United Nations High Commissioner for Human Rights, commonly known
as the Office of the High Commissioner for Human Rights (OHCHR) or the United
Nations Human Rights Office, is a department of the Secretariat of the United Nations
that works to promote and protect human rights that are guaranteed under
International Law and stipulated in the Universal Declaration of Human Rights of 1948.
 The office was established by the United Nations General Assembly on 20 December 1993
in the wake of the 1993 World Conference on Human Rights.
 The office is headed by the High Commissioner for Human Rights, who co-ordinates
human rights activities throughout the United Nations System and acts as the secretariat of
the Human Rights Council in Geneva, Switzerland.
United Nations Human Rights Council (UNHRC)

 The United Nations Human Rights Council (UNHRC) is a United Nations body whose
mission is to promote and protect human rights around the world. The Council has 47
members elected for staggered three-year terms on a regional group basis. The
headquarters of the Council is in Geneva, Switzerland.
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 The Council investigates allegations of breaches of human rights in United Nations

member states, and addresses thematic human rights issues such as freedom of association
and assembly, freedom of expression, freedom of belief and religion, women's rights, LGBT
rights, and the rights of racial and ethnic minorities.
 The Council was established by the United Nations General Assembly on 15 March 2006 to
replace the United Nations Commission on Human Rights
National Human Rights Commission (NHRC)

 It is a statutory body established on 12th October, 1993 under the Protection of Human
Rights Act (PHRA), 1993.
 The Act also provides for the creation of the State Human Rights Commission as well.
 Composition
o The chairperson is a retired CJI or a J. of the SC .
o Out of Three members least 1 will be a woman.
o Chairpersons of various commissions such as
 The National Commission for Scheduled Castes & STs
 The National Commission for Women
 The National Commission for Backward Classes
 The National Commission for the Protection of Child Rights
 The Chief Commissioner for Persons with Disabilities.
o appointed by the President on the recommendations of a six-member committee
consisting of: [Same goes for members]
 Prime Minister (head)
 Speaker of the Lok Sabha
 Deputy Chairman of the Rajya Sabha
 Leaders of the Opposition in both the Houses of Parliament
 Union Home Minister.
 Term and removal
o They hold office for a term of 3 years or until they attain the age of 70 years,
whichever is earlier.
o The President can remove them from the office under specific circumstances.
Role and Function
 It has all the powers of a civil court and its proceedings have a judicial character.
 It is empowered to utilise the services of any officer or investigation agency of the
Central government or any state government for the purpose of investigating complaints
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of human rights violation.

 It can look into a matter within one year of its occurrence.
 The NHRC either suo moto or after receiving a petition may seek a report from the
central government with regards to violations of Human Rights by the Armed Forces..
 The government shall inform the commission of the action taken on the
recommendations within the period of three months or such further time as the
commission may allow.
 It is not empowered to act when human rights violations through private parties take
place.
Universal Declaration of Human Rights (UDHR)

 Accepted by the General Assembly as Resolution 217 during its third session on 10
December 1948 at the Palais de Chaillot in Paris, France.
 Of the 58 members of the United Nations at the time, 48 voted in favour, none against,
eight abstained, and two did not vote
 Declaration consists of 30 articles detailing an individual's "basic rights and fundamental
freedoms" and affirming their universal character as inherent, inalienable, and applicable to
all human beings
 Not legally binding
o However the contents of the UDHR have been elaborated and incorporated into
subsequent international treaties, regional human rights instruments, and
national constitutions and legal codes
UPSC has asked Qs from this area so it become imp for us to know the rights incorporated under this
declaration
Rights incorporated Under This Declaration
 Right to life, liberty and security
 No one shall be held in slavery or servitude
 No one shall be subjected to torture or to cruel, inhuman or degrading treatment
 Right to recognition everywhere
 All are equal before the law and are entitled without any discrimination
 Right to an effective remedy
 No one shall be subjected to arbitrary arrest, detention
 Everyone is entitled in full equality to a fair and public hearing
 Right to be presumed innocent until proved guilty
 No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence,
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 Freedom of movement and residence

 Right to leave any country
 Everyone has the right to seek asylum from persecution
 Right to a nationality
 Right to marry and to found a family
 Right to own property
 Right to freedom of thought, conscience and religion
 Freedom of opinion and expression
 Right to freedom of peaceful assembly and association
 Right to take part in the government
 Equal access to public service in his country
 Will of the people will shall be expressed in periodic and genuine elections which shall be
by universal and equal suffrage
 Right to social security
 Right to work, to free choice of employment, to just and favourable conditions of
work and to protection against unemployment
 Right to equal pay for equal work
 Right to form and to join trade unions
 Right to rest and leisure
 Right to a standard of living adequate for the health and well-being of himself and of
his family
 Motherhood and childhood are entitled to special care and assistance
 Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages.
 Right freely to participate in the cultural life of the community
 Right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author
 Everyone is entitled to a social and international order
Genocide Convention
 The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG),
or Genocide Convention, is an international treaty that criminalizes genocide and
obligates state parties to enforce its prohibition.
 It was the first legal instrument to codify genocide as a crime, and the first human rights
treaty unanimously adopted by the UNGA, on 9 December 1948.
33
 The Convention entered into force on 1951 and has 152 state parties
 India and its Obligation under the 1948 Genocide Convention →
o Genocide has not been defined by any law in India, even though India ratified the
Convention.
o India has a Constitutional Obligation under Article 51 to foster respect for
international law and treaty obligations and therefore Article 253 makes it
mandatory for Parliament to enact any law pertaining to implementing any
treaty, agreement, or convention.
Convention on the Elimination of All Forms of Racial Discrimination

 ICERD is a United Nations convention. A third-generation human rights instrument, the
Convention commits its members to the elimination of racial discrimination and the
promotion of understanding among all races.
 The Convention also requires its parties to criminalize hate speech and criminalize
membership in racist organizations.
 The Convention also includes an individual complaints mechanism [Art 14], effectively
making it enforceable against its parties. This has led to the development of a limited
jurisprudence on the interpretation and implementation of the Convention.
 In December 1960, following incidents of antisemitism in several parts of the world, the
United Nations General Assembly adopted a resolution condemning "all
manifestations and practices of racial, religious and national hatred" as violations of
the United Nations Charter and Universal Declaration of Human Rights and calling on
the governments of all states to "take all necessary measures to prevent all manifestations
of racial, religious and national hatred".
 The convention was adopted and opened for signature by the United Nations General
Assembly on 21 December 1965, and entered into force on 4 January 1969.
 The Convention is monitored by the Committee on the Elimination of Racial

Discrimination (CERD).
34
Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)
 CEDAW was adopted by the United Nations General Assembly (UNGA) in 1979. It became
effective in 1981 after the condition of 20 ratifications were fulfilled.
 It is considered by many as an international ‗bill of rights’ for women.
 It is one of the core international human rights treaties of the UN treaty system, which
requires Member States to undertake legal obligations to respect, protect and fulfill
human rights.
 It has been acceded to or ratified by 189 members.
o India signed CEDAW in 1980 and ratified it in 1993, with certain reservations.
o The US has signed the treaty but not ratified it.
 CEDAW is a treaty that is exclusively dedicated to gender equality.
 It also defines the meaning and nature of sex-based discrimination and gender equality.
 By becoming a party to the Convention, a country is legally obliged to take all

appropriate measures to eradicate discrimination against women and promote gender
equality.
 The obligation of the member pertains to both public as well as private life.
 The treaty is monitored by a 23-member expert committee called the Committee on

the Elimination of Discrimination Against Women.
o The members are elected by state parties with the tenure of membership lasting
four years.
 CEDAW requires that member states not only have an absence of discriminatory legal
framework, but that their laws and policies should not be discriminatory in effect.
 It underscores the difference between Formal Equality and Substantive Equality

between men and women.
 It also provides critical normative standards that are intrinsically linked to the Agenda 2030
for sustainable development such as those related to food, health, education, housing, legal
capacity, non-discrimination, political participation and equal family relations. SDG 5 talks
about gender equality in the world by the year 2030.
35
United Nations Convention Against Torture

 Aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or
punishment around the world.
 Requires member states to take effective measures to prevent torture in

any territory under their jurisdiction, and forbids member states to transport people
to any country where there is reason to believe they will be tortured.
 Adopted December 1984 & came into force on 26 June 1987.
o 26 June is now recognized as the International Day in Support of Victims of Torture
 Since the convention's entry into force, the absolute prohibition against torture and
other acts of cruel, inhuman, or degrading treatment or punishment has become
accepted as a principle of CUSTOMARY INTERNATIONAL LAW
 India has not Ratified this convention yet
Convention on the Rights of the Child

 International Human Rights Treaty which sets out the Civil, Political, Economic, Social,
Health and Cultural Rights of children.
 The Convention defines a child as any human being under the age of eighteen, unless
the age of majority is attained earlier under national legislation.
 Binding on Members state.
 Signed Nov 1989 & Effective since 1990
 Ratified by every member of the UN except the United States
Convention on the Rights of Persons with Disabilities

 Intended to protect the rights and dignity of persons with disabilities.
 required to promote, protect, and ensure the full enjoyment of human rights PWD
 The convention was the first U.N. human rights treaty of the twenty-first century
 Adopted in 2007 & effective since 2008
 Art. 21 of DPSP mention about disablement. Subject of ‗relief of the disabled and
unemployable‘ is specified in the state list of the Seventh Schedule of the constitution.
Right of Persons with Disabilities Act, 2016

 It Replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
 "Person with disability" means a person with long term physical, mental, intellectual or
sensory impairments which, in interaction with barriers, hinders his full and effective
participation in society equally with others.
36
 The types of disabilities have been increased from 7 to 21. The Act added mental illness,
autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological
conditions, speech and language disability, thalassemia, hemophilia, sickle cell disease,
multiple disabilities including deaf blindness, acid attack victims and Parkinson’s
disease which were largely ignored in earlier Act.
 It increases the reservation from 3% to 4% in government jobs and from 3% to

5% in higher education institutes.
 Every child with benchmark disability between the age group of 6 and 18 years shall have
the right to free education.
Accessible India Campaign (Creation of Accessible Environment for PwDs)

 A nation-wide flagship campaign for achieving UNIVERSAL ACCESSIBILITY that will
enable persons with disabilities to gain access for equal opportunity and live independently
and participate fully in all aspects of life in an inclusive society.
 The campaign targets at enhancing the accessibility of the built environment, transport
system and Information & communication ecosystem.
India is a party to all these above Conventions
1951 Refugee Convention

 The 1951 Refugee Convention is a UN treaty that defines who a refugee is and
establishes the rights of such persons and also of those who are granted
asylum
 It is the main legal document that governs the working of the UNHCR.
Key Feature
 It is also called the Convention Relating to the Status of Refugees or the Geneva
Convention of 28 July 1951.
 It also talks about the responsibilities and legal obligations of countries that
grant asylum status to people.
 Apart from that, the Convention also defines those who are not eligible for asylum status,
such as war criminals.
 This Convention is the central guiding document of international refugee protection
today.
 The Convention defines a refugee as someone who is unable or unwilling to

return to their country of origin owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social
group, or political opinion.
 The Core Principle of the 1951 Convention is non-refoulement, which asserts that a
37
refugee should not be returned to a country where they face serious

threats to their life or freedom.
 The Conventions stipulates that a refugee shall not be prosecuted by a country for
illegal entry.
 The Refugee Convention also prescribes some minimum standards for the
treatment of refugees with respect to giving them rights of access to justice,
education, travel, etc.
 It was initially limited to protecting European refugees from before 1 January 1951 (after
World War II), but states could make a declaration that the provisions would apply to
refugees from other places.
 The 1967 Protocol removed the time limits and applied to refugees "without any
geographic limitation" but declarations previously made by parties to the Convention
on geographic scope were grandfathered.
 India is not a signatory to the 1951 Refugee Convention & its 1967 Protocol.
June 20th is celebrated as International Refugee Day.
Hague Conventions on children

Hague Convention on the Civil Aspects of International Child Abduction
 This multilateral treaty provides an expeditious method to return a child who was
wrongfully taken by a parent from one country to another.
 It seeks to address international child abduction arising when a child is removed by one
parent, when both parents have custody rights, or custody has yet to be determined.
Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry
Adoption
 This international agreement safeguards intercountry adoptions.
 It establishes international standards of practices for intercountry adoptions and aims
to protect those involved from the corruption, abuses, and exploitation which
sometimes accompanies international adoption.
Hague Convention on the International Recovery of Child Support and Other Forms of Family
Maintenance
 This multilateral treaty governs the enforcement of judicial decisions regarding child
support (and other forms of family support) extraterritorially.
Geneva Conventions 1949

 The Geneva Conventions are four treaties, and three additional protocols, that establish
international legal standards for humanitarian treatment in war.
38
 The singular term Geneva Convention usually denotes the agreements of 1949, negotiated
in the aftermath of the Second World War (1939–1945), which updated the terms of the two
1929 treaties and added two new conventions.
 The Geneva Conventions extensively define the basic rights of wartime prisoners
(civilians and military personnel), established protections for the wounded and sick,
and provided protections for the civilians in and around a war-zone; moreover, the
Geneva Convention also defines the rights and protections afforded to non-
combatants.
 The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries.
 The Geneva Conventions concern only prisoners and non-combatants in war; they do
not address the use of weapons of war, which are instead addressed by the Hague
Conventions of 1899 and 1907, which concern conventional weapons, and the Geneva
Protocol, which concerns biological and chemical warfare.
The Four Geneva Conventions

First Convention
 It safeguards wounded and sick soldiers on land during the war.
 The convention also extends to medical and religious personnel.
Second Convention
 Safeguards wounded, sick and shipwrecked military personnel at sea during the war.
 This Convention replaced the Hague Convention of 1907 for the Adaptation to Maritime
Warfare of the Principles of the Geneva Convention.
 This convention also extends to hospital ships and medical transports by sea.
Third Convention
 It is the most famous convention among all and it applies to the prisoners of war.
 It includes a wide range of guidelines with respect to the humane treatment of prisoners,
conditions of captivity, evacuation of prisoners, transit camps, food, clothing, medical
facilities, and hygiene.
 It also guarantees rights to religious, intellectual, and physical activities for the prisoners.
Fourth Convention
 Unlike other conventions that protect the military personnel, this convention extends
protection to the civilians including those in occupied territory.
Additional Protocols
 Additional Protocols of 1977 → Further increased the protection to the victims of
international (Protocol I) and non-international (Protocol II) armed conflicts.
 Protocol II → was the first-ever international treaty dedicated exclusively to the instances of
39
non-international armed conflicts.

 Additional Protocols of 2005 → Created the Red Crystal as an additional emblem that has
the same international status as that of Red Cross and Red Crescent emblems.
With two Geneva Conventions revised and adopted, and the second and fourth added, in 1949 the
whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva
Conventions". Usually only the Geneva Conventions of 1949 are referred to as First, Second, Third
or Fourth Geneva Convention. The treaties of 1949 were ratified, in whole or with reservations, by
196 countries

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Notes For CSE25

United Nations Convention Against Torture ................................................................................................ 35

Union & Its Territories

 The country is described as ‗Union‘ although its CONSTITUTION IS FEDERAL in structure.

scheduled areas and tribal areas within the states.

Procedure to change the name of a city or place in a state

in the name of the state or city or any other place.

1953 Guidelines regarding name alteration

Berubari Union Case (1960)

Constitution (100th Amendment) Act 2015

Evolution of Indian states & UTs

Fazl Ali Commission

 It broadly accepted language as the basis of reorganisation of states. But, it rejected

 As a result, 14 states and 6 union territories were created on November 1, 1956.

7th Amendment Act, 1956

The chronology of states' & UTs bifurcation in India after 1956

Insults to National Honour Act, 1971.

Flag Code (2002)

Har Ghar Tiranga Campaign

Smaller States Vs Larger States: The Debate

Merits of Smaller States

Article 5 [persons domiciled in India]

Article 6 [persons migrated from Pakistan]

Article 7 [persons migrated to Pakistan but later returned]

Article 8 [Person of Indian origin residing outside India]

Acquisition of Citizenship (Citizenship Act of 1955)

 minor children of persons who are citizens of India;

o He also has an adequate knowledge of a language specified in the Eighth Schedule

Overseas Citizenship Of India

Rights granted to OCI

Cancellation of Registration as OCI Cardholder

 Shown disaffection towards the Constitution of India; or

traded or communicated with an enemy; or

 the marriage of an OCI cardholder

o has been dissolved by a competent court of law or otherwise; or

Citizenship (Amendment) Act, 2019

National Population Register (NPR)

other details in official work.

National Register of Citizens (NRC)

North Kamrup violence

Fundamental Rights : Conceptual Framework

o Consequently, the Bill of Rights came to be incorporated in the Constitution in

to work out details of the constitution.

Reasons for Having Fundamental Rights

In a modern democracy, this is sought to be done by guaranteeing the bill of rights.

Guaranteed Fundamental Rights

 Hence, they need to guaranteed due to the following reasons →

Un-enumerated and Enumerated Fundamental Rights

Enumerated Fundamental Rights

Fundamental Rights and Human Rights

Fundamental Rights Human Rights

 They are politically guaranteed.  No political guarantee.

 Enforceable by a court of law.  Not enforceable.

 Narrow in scope of working.  Broader in scope and encompasses even

Organisations, Conventions etc. Related to Human Rights

United Nations Human Rights Council (UNHRC)

 The Council investigates allegations of breaches of human rights in United Nations