இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.
Citizenship and Fundamental Rights
Indian Citizenship
Introduction
The word ‘Citizen’ is derived from the Latin term ‘Civis’.
The Constitution of India provides for a single and uniform citizenship for the whole of
India.
Articles 5 to 11 under part II of the Constitution deals with the citizenship.
Acquisition of Citizenship
The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent,
registration, naturalization and incorporation of territory:
According to the Citizenship Act, 1955, the citizenship could be acquired through any of the
following methods.
1. By Birth: All persons born in India on or after January 26, 1950 are treated as citizens by
birth.
2. By Descent: A person born outside India on or after January 26, 1950 shall be a citizen of
India by descent, if his father is a citizen of India at the time of his birth.
3. By Registration: A person can acquire citizenship of India by registration with
appropriate authority.
4. By Naturalisation: A foreigners can acquire Indian citizenship, on application for
naturalization to the Government of India.
5. By Incorporation of Territory: In the event of a certain territory being added to the
territory of India, the Government of India shall specify the persons of that territory who
shall be citizen of India.
6. Special Provisions as to Citizenship of Persons Covered by the Assam Accord: The
Citizenship (Amendment) Act, 1985, added the following special provisions as to
citizenship of persons covered by the Assam Accord (which related to the foreigners’
issue):
a) 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.
b) Every person of Indian origin who came to Assam on or after the 1 st January, 1966
but 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 as a citizen of
India, excepting the right to vote.
Loss of Citizenship
The Citizenship Act of 1955 prescribes three ways of losing citizenship whether acquired under
the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation.
1. It can be voluntarily renounced by a citizen.
2. It can be terminated if a person acquires the citizenship of some other country.
3. The central government can deprive a naturalized citizen, if it satisfied that the
citizenship was acquired by fraud, false representation or concealment of material facts
or indulges in trade with enemy countries or if the person has been sentenced to
imprisonment for a period of 2 years.
Indian Citizenship related articles
Citizenship identifies those who are the lawful members of a country.
The Citizenship Act, 1955 regulates the determination and acquisition of citizenship
after the adoption of the Indian Constitution.
The Indian Constitution provides for citizenship by birth, descent, registration,
naturalization and by incorporation of territory.
The Constitution also provides for renunciation and termination of citizenship under
certain circumstances.
The Constitution contains provisions regarding registration of Overseas Citizens of India
and their rights.
The Citizenship (Amendment) Bill,2015 was introduced in Lok Sabha by the Minister of
State, Ministry of Home Affairs, on February 27, 2015 that amends the Citizenship Act,
1955.
The Act allows a person to apply for citizenship by registration or naturalization if they
fulfill specific qualifications.
A person may apply for a certificate of naturalization if they have resided in India or
have served the Government in India for twelve months immediately preceding the date
of application. The Bill allows the Central Government to relax the requirement of
twelve months stay or service if extraordinary circumstances exist.
Article
No.
Subject-matter
5 Citizenship at the commencement of the Constitution
6 Rights of citizenship of certain persons who have migrated to India from Pakistan
7 Rights of citizenship of certain migrants to Pakistan but returned again to India.
8 Rights of citizenship of certain persons of Indian origin residing outside India
9 Persons voluntarily acquiring citizenship of a foreign
State not to be citizens
10 Continuance of the rights of citizenship (Subject to the provisions made by the
Parliament)
11 Parliament to regulate the right of citizenship by Law (i.e., acquisition and
termination of Citizenship and all other matters relating to Citizenship)
Indian Citizenship Act amended years
2013 – PIO people of Indian origin
As per the recommendation of the LM Singhvi Committee, the Citizenship Amendment
Act 2003 grants dual citizenship to expatriate Indians living in 16 countries which have
good relations with India.
January 9 is celebrated as Overseas Indian Day on the recommendation of the LM
Singhvi Committee (Gandhi returned to India on 9 January 1915 as an expatriate Indian)
Indigenous people from 21 countries do not need a visa.
2015-Overseas and Indigenous people were merged
The Citizenship Act (1955) provides for acquisition and loss of citizenship after the
commencement of the Constitution. This Act has been amended so far nine times by the
following Acts:
1. The Citizenship (Amendment) Act, 1957
2. The Repealing and Amending Act, 1960
3. The Citizenship (Amendment) Act, 1985
4. The Citizenship (Amendment) Act, 1986
5. The Citizenship (Amendment) Act, 1992
6. The Citizenship (Amendment) Act, 2003
7. The Citizenship (Amendment) Act, 2005
8. The Citizenship (Amendment) Act, 2015
9. The Citizenship (Amendment) Act, 2019
Fundamental Rights
Introduction
Part III (Article 12 – 35)
The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to
35. In this regard, the framers of the Constitution derived inspiration from the
Constitution of USA.
Originally, the Constitution provided for seven Fundamental Rights. At present, there
are only six Fundamental Rights. Part III of the Constitution is rightly described as the
Magna Carta of India. While Fundamental Rights are available to all persons, certain
Fundamental Rights are available only to Indian Citizens.
‘Magna Carta’ is the Charter of Rights issued by King John of England in 1215 under
pressure from the barons. This is the first written document relating to the Fundamental
Rights of citizens.
I. Right to Equality
Art. 14 – Equality before law.
Art. 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
Art. 16 – Equality of opportunity in matters of public employment.
Art. 17 – Abolition of Untouchability.
Art. 18 – Abolition of titles except military and academic.
II. Right to Freedom
Art. 19 – Freedom of speech and expression, assembly, association, movement,
residence and profession.
Art. 20 – Protection in respect of conviction for offences.
Art. 21 – Protection of life and personal liberty.
Art. 21A – Right to elementary education.
Art. 22 – Protection against arrest and detention in certain cases.
III. Right against Exploitation
Art. 23 – Prohibition of traffic in human beings and forced labour.
Art. 24 – Prohibition of employment of children in factories, etc
IV. Right to Religion
Art. 25 – Freedom of conscience and free profession, practice and propagation of
religion.
Art. 26 – Freedom to manage religious affairs.
Art. 27 – Freedom from payment of taxes for promotion of any religion.
Art. 28 – Freedom from attending religious instruction or worship in certain educational
institutions.
V. Cultural & Educational Rights
Art. 29 – Protection of language, script and culture of minorities.
Art. 30 – Right of minorities to establish and administer educational institutions
VI. Right to Constitutional Remedies.
Art. 32 – It allows individuals to seek redressal for the violation of their fundamental rights.
Right to Equality
1. Equality before Law and Equal Protection of Laws
Article 14 says that the State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
This provision confers rights on all persons whether citizens or foreigners.
Moreover, the word ‘person’ includes legal persons, viz, statutory corporations,
companies, registered societies or any other type of legal person.
The concept of ‘equality before law’ is of British origin while the concept of ‘equal
protection of laws’ has been taken from the American Constitution.
2. Prohibition of Discrimination on Certain Grounds
Article 15 provides that the State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex or place of birth.
The two crucial words in this provision are ‘discrimination’ and ‘only’. The word
‘discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish
unfavourably from others’.
The use of the word ‘only’ connotes that discrimination on other grounds is not
prohibited.
3. Equality of Opportunity in Public Employment
Article 16 provides for equality of opportunity for all citizens in matters of employment
or appointment to any office under the State.
No citizen can be discriminated against or be ineligible for any employment or office
under theState on grounds of only religion, race, caste, sex, descent, place of birth or
residence.
Commissions for Fundamental rights
Mandal Commission
In 1979, the Government of Morarji Desai appointed the 2nd Backward Class
Commission under the Chairmanship of the BP Mandal and recommended measures for
their progress to examine the conditions of socially and educationally backward classes.
First Backward Class Commission – Kaka Kalelkar (1953 – 1955).
The Commission submitted its report to Prime Minister Indira Gandhi in 1980 and
recommended 27% reservation for other backward classes in employment.
But in 1990, V.P. Singh government provided 27% reservation to Other Backward
Classes (OBCs) in government services.
In 1992, a committee headed by Ram Nandan was appointed to identify the people in
the creamy layer of the OBCs.
A National Commission for Backward Classes was appointed by the Parliament act in
1993.
Central Government Reservation –
OBC – 27%,
SC – 15%
ST – 7.5%
The Tamil Nadu Reservation Act was enacted in 1994 by the 76th Amendment to the
Constitution. It has been included in the 9th Schedule and is protected from being
investigated by the courts.
The Act recommended 50% reservation. Beyond this. the Government of Tamil Nadu
has given 69% reservation.
4. Abolition of Untouchability
Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The
enforcement of any disability arising out of untouchability shall be an offence
punishable in accordance with law.
In 1976, the Untouchability (Offences) Act, 1955 has been comprehensively amended
and renamed as the Protection of Civil Rights Act,1955.
The act defines civil right as any right accruing to a person by reason of the abolition of
untouchability by Article 17 of the Constitution.
The term ‘untouchability’ has not been defined either in the Constitution or in the Act.
However, the Mysore High Court held that the subject matter of Article 17 is not
untouchability in its literal or grammatical sense but the ‘practice as it had developed
historically in the country’.
It refers to the social disabilities imposed on certain classes of persons by reason of their
birth in certain castes. Hence, it does not cover social boycott of a few individuals or
their exclusion from religious services, etc.
Under the Protection of Civil Rights Act (1955), the offences committed on the ground
of untouchability are punishable either by imprisonment up to six months or by fine
upto 500 or both.
5. Abolition of Titles
Article 18 abolishes titles and makes four provisions in that regard:
(a) It prohibits the state from conferring any title (except a military or academic distinction)
on anybody, whether a citizen or a foreigner.
(b) It prohibits a citizen of India from accepting any title from any foreign state.
(c) A foreigner holding any office of profit or trust under the state cannot accept any title
from any foreign state without the consent of the president.
(d) No citizen or foreigner holding any office of profit or trust under the State is to accept
any emolument or office from or under any foreign State without the consent of the
president.
Right to Freedom (Article 19-22)
1. Protection of Six Rights
Article 19 guarantees to all citizens the six rights. These are:
1. Right to 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.
Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose
of property was deleted by the 44th Amendment Act of 1978.
2. Protection in Respect of Conviction for Offences
Article 20 grants protection against arbitrary and excessive punishment to an accused person,
whether citizen or foreigner or legal person like a company or a corporation. It contains three
provisions:
(a) No ex-post-facto law: Punishment should be in accordance with the law in force at the
time of the crime.
(b) No double jeopardy: No person shall be prosecuted and punished for the same offence
more than once.
(c) No self-incrimination: No person accused of any offence shall be compelled to be a
witness against himself.
Protection of Life and Personal Liberty (Article 21)
Article 21 declares that no person shall be deprived of his life or personal liberty except
according to procedure established by law. This right is available to both citizens and non-
citizens.
Some important cases about Protection of Life and Personal Liberty
Gopalan case – 1950
Menaka Gandhi case – 1978
Right to Education (Article 21 A)
Article 21 A declares that the State shall provide free and compulsory education to all
children of the age of six to fourteen years in such a manner as the State may
determine. Thus, this provision makes only elementary education as a Fundamental
Right and not higher or professional education.
This provision was added by the 86th Constitutional Amendment Act of 2002. This
amendment is a major milestone in the country’s aim to achieve education.
‘Education for All’. The government described this step as ‘the dawn of the second
revolution in the chapter of citizens’ rights’.
Even before this amendment, the Constitution contained a provision for free and
compulsory education for children under Article 45 in Part IV.
However, being a directive principle, it was not enforceable by the courts. Now, there is
scope for judicial intervention in this regard.
This amendment changed the subject matter of Article 45 in directive principles. It now
reads—‘The state shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.’ It also added a new fundamental duty
under Article 51A that reads
‘It shall be the duty of every citizen of India to provide opportunities for education to his
child or ward between the age of six and fourteen years’.
Free and Compulsory Education (RTE) Act, 2009 enforced on 1-4-2010
Protection Against Arrest and Detention
Article 22 grants protection to persons who are arrested or detained.
The preventive detention laws made by the Parliament are:
(a) Preventive Detention Act, 1950. Expired in 1969.
(b) Maintenance of Internal Security Act (MISA), 1971. Repealed in 1978.
(c) Conservation of Foreign Exchange and Prevention of Smuggling Activities Act
(COFEPOSA), 1974.
(d) National Security Act, 1980.
(e) Prevention of Black marketing and Maintenance of Supplies of Essential
Commodities Act (PBMSECA), 1980.
(f) Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985.Repealed in 1995.
(g) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act
(PITNDPSA), 1988.
(h) Prevention of Terrorism Act (POTA), 2002. Repealed in 2004.
Right Against Exploitation (23-24)
Prohibition of Trafficking in Human Beings and Forced Labour – Article 23
Prohibition of Employment of Children in Factories, etc. – Article 24
1. Prohibition of Trafficking in Human Beings and Forced Labour
Article 23 prohibits trafficking in human beings, beggar (forced labour) and other similar
forms of forced labour. Any contravention of this provision shall be an offence
punishable in accordance with law.
This right is available to both citizens and non-citizens. It protects the individual not only
against the State but also against private persons.
The expression ‘trafficking in human beings’ include
(a) Selling and buying of men, women and children like goods.
(b) Immoral trafficking in women and children, including prostitution.
(c) Devadasis
(d) Slavery – To punish these acts, the Parliament has made the Immoral Trafficking
(Prevention) Act 13,1956.
2. Prohibition of Employment of Children in Factories,etc.
Article 24 prohibits the employment of children below the age of 14 years inany factory, mine
or other hazardous activities like construction work or railway. But it does not prohibit their
employment in any harmless or innocent work.
The Child Labour (Prohibition and Regulation) Act, 1986, is the most important law in
this direction.
In addition, the Employment of Children Act,1938.
The Factories Act, 1948.
The Mines Act, 1952.
The Merchant Shipping Act, 1958.
The Plantation Labour Act, 1951.
The Motor Transport Workers Act, 1951.
Apprentices Act, 1961.
The Bidi and Cigar Workers Act, 1966.and other similar acts prohibit the employment of
children below certain age.
Right to Freedom of Religion (25-28)
1. Freedom of Conscience and Free Profession, Practice and Propagation of Religion
Article 25 says that all persons are equally entitled to freedom of conscience and the
right to freely profess, practice and propagate religion.
The implications of these are:
(a) Freedom of conscience: Inner freedom of an individual to mould his relation with
God or Creatures in whatever way he desires.
(b) Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
(c) Right to practice: Performance of religious worship, rituals, ceremonies and
exhibition of beliefs and ideas.
(d) Right to propagate: Transmission and dissemination of one’s religious beliefs to
others or exposition of the tenets of one’s religion. But, it does not include a right to
convert another person to one’s own religion.
2. Freedom to Manage Religious Affairs
According to Article 26, every religious denomination or any of its section shall have the
following rights:
(a) Right to establish and maintain institu-tions for religious and charitable purposes;
(b) Right to manage its own affairs in matters of religion;
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law.
Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious
denominations or their sections.
3. 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.
In other words, the State should not spend the public money collected by way of tax for
the promotion or maintenance of any particular religion.
This provision prohibits the State from favouring, patronising and supporting one
religion over the other. This means that the taxes can be used for the promotion or
maintenance of all religions.
This provision prohibits only levy of a tax and not a fee. This is because the purpose of a
fee is to control secular administration of religious institutions and not to promote or
maintain religion. Thus, a fee can be levied on pilgrims to provide them some special
service or safety measures. Similarly, a fee can be levied on religious endowments for
meeting the regulation expenditure.
4. Freedom from Attending Religious Instruction
Under Article 28, no religious instruction shall be provided in any educational institution
wholly maintained out of State funds.
This provision shall not apply to an educational institution administered by the State but
established under any endowment or trust, requiring imparting of religious instruction
in such institution.
Further, no person attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to attend any religious instruction or
worship in that institution without his consent. In case of a minor, the consent of his
guardian is needed.
Cultural and Educational Rights (29 – 30)
There are certain non-political rights of religious, cultural and linguistic minorities,
groups or sections of people. Constitution guarantees these rights for them.
No citizen is denied the admission to the State or the State aided educational
educations owing to caste, creed, gender, etc.
The citizens have their right to get educated in any schools or colleges of their choice. If
in case the institutions are found to practise discrimination, the government will not
extend aid to such institutions.
Moreover, the State should not dictate the pattern of education to these institutions
too and must allow them to decide in order to preserve our culture.
Article -29
Protection of Interests of Minorities
India having a distinct language, script or culture of its own, shall have the right to
conserve the same
Article -30
Right of Minorities to Establish and Administer Educational Institutions
Right to property
Article -31
The Indian Constitution does not recognize property right as a fundamental right. In the
year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of
property as a fundamental right. However, Article 300 (A) was inserted in another part
of the Constitution.
This was to affirm that no person shall be deprived of his property save by authority of
law. Hence, this has become a statutory right now.
Hence, in a civilized society, the scope for coercion and forcible acquisitions needs to be
minimal. Unless circumstances are compelling, no forcible acquiring of property must
be initiated.
The state should neither act as brokers nor as agents of big businesses but should be in
according stronger property rights to the farmers too.
Article- 31A
Saving of Laws Providing for Acquisition of Estates, etc.
Article -31B
Validation of Certain Acts and Regulations
Article -31B
Validation of Certain Acts and Regulations
Article -31C
Saving of Laws Giving Effect to Certain Directive Principles.
Right to constitutional remedies (Articles 32)
A writ is an order or command issued by a court in writing under its seal. It is in the
nature of a command or prohibition from performing certain acts that are specified in
the orders of the court.
Both the Supreme Court and the High Courts are empowered to issue five kinds of writs
of,
Habeas corpus,
Mandamus,
Prohibition,
Quo warranto and
Certiorari.
That is why the Supreme Court is called the “Guardian of the Constitution”.
According to Dr. Ambedkar, Article 32 is “the heart and soul of the Constitution”.
(a) Habeas Corpus
Safeguards people from illegal arrests.
(b) Mandamus
It protects the petitioner who requires legal help to get his work done by respective
public authorities.
(c) Prohibition
It prohibits a subordinate court from acting beyond its jurisdiction.
(d) Certiorari
It quashes an order issued by a subordinate court by overstepping its jurisdiction.
(e) Quo Warranto
It prevents usurpation of public office through illegal manner.
Article -33
Armed forces
Power of Parliament to modify the rights conferred by this part in their application to forces,
etc. Parliament to restrict or abrogate the fundamental rights of the members of armed forces,
paramilitary forces, police forces, intelligence agencies and analogous forces.
Article -35
Power to make laws, to give effect to certain specified fundamental rights shall vest only in the
Parliament and not in the state legislatures.
Article -35A
Section 35A of the Constitution of India gives rights to the Jammu and Kashmir
Legislative Assembly to determine who are the permanent residents of the State of
Jammu and Kashmir and to decide on the categories such as employment in the public
sector for permanent residents, provision of government subsidies and purchase and
sale of immovable property.
On August 5, 2019, Section 35A of the Constitution was repealed under the Jammu and
Kashmir Reformation Act.
It made the entire Constitution of India applicable to the State of Jammu and Kashmir.
Important Cases of Fundamental Rights
Shankari Prasad Case 1951
The case is about whether Parliament has the right to amend fundamental rights.
In 1951, the Shankari Prasad case had ruled that Parliament had the power to amend
fundamental rights.
Golak Nath Case 1967
In 1967 Golak Nath case, the Supreme Court dismissed the previous rulings and ruled
that Parliament had no power to amend the Constitution.
24th Amendment
The 24 th Amendment of the Constitution, which was enacted in 1971, empowered
Parliament to abolish certain fundamental rights through the Constitutional Amendment.
Kesavananda Bharati Case 1973
In the Kesavananda Bharati case in 1973 challenging the 24 th Amendment, the Supreme
Court ruled that Parliament could change fundamental rights without altering the Basic
Structure of the Constitution of India.
Minerva Mill Case 1980
The Supreme Court in its 1980 Minerva mill case ruled that Parliament had no power to
amend the Fundamental Rights and Guidelines.
The Supreme Court’s Judicial Review ruled that the power cannot be stripped of any
reason by the amendment of the Law.
Aruna Shanbaug Case 2011
In the verdict of this case, the Supreme Court stated that:
Every citizen had a right to live and die with dignity, allowing passive euthanasia with
guidelines.
It also stated that there is a need to reform India’s laws on euthanasia.
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