Polity Class 1

1608-E.I.C. came to India. It had trade monopoly granted under a Royal Charter. It was NOT MERELY
A COMPANY. It came under the policy of IMPERIALISM which means that it was a POLITICAL BODY
from the beginning.

Due to strong Mughal influence, E.I.C. initially acted as a trading company.

Establishment of British Raj -

It was the result of 3 coincidences. They are-

1. Invasion of Nadir shah - It drastically reduced the influence of Mughals and created POWER
VACUUM.

2. Battle of Plassey (1757)-E.I.C. gained the confidence of becoming the new ruler.

3. Battle of Buxar (1764) - With Diwani rights, E.I.C gained the LEGITIMACY to collect the revenues.

E.I.C. officials became rich and corrupt and the Company was seeing huge losses. British Parliament
agreed to help in exchange of REGULATING and CONTROLLING the Indian affairs of E.I.C. (Quid Pro
Quo) by REVISING THE TERMS AND CONDITIONS OF CHARTER EVERY 20 YEARS.

REGULATING ACT of 1773-1st step of centralization of governance in India / LEGISLATIVE POWERS of

Governors of Bombay and Madras -

gradually being transferred to Governor of Bengal / Governor of Bengal became GOVERNOR

GENERAL of Bengal (1st-Warren Hastings) /

Executive council to assist GG/SC at Calcutta / No private trade and bribe + Court of Directors had to
report company's revenue to British

Parliament (checks and balances).

Note - The Calcutta council was primarily an executive which also performed legislative functions.
This shows executive supremacy. However today, the legislative supremacy is seen (EXECUTIVE IS
RESPONSIBLE TO THE LEGISLATURE). Historical Underpinnings explain this evolution.

RA 1773 lacked clarity which means that it was an arbitrary and ambiguous law which opened the
door for its misuse.

AMENDING ACT of 1781 (Act of Declaration) - Defined relationship between SC and GG in Council l.e.
It gave SEPARATION of POWERS.

PITT'S INDIA ACT, 1784-DOUBLE GOVERNMENT (Commercial activities under Court of Directors
whereas political activities under BOARD OF CONTROL)/The term BRITISH POSSESSIONS used - The
BRITISH GOVERNMENT GAINED DIRECT CONTROL OVER INDIAN ADMINISTRATION AND COMPANY
BECAME SUBORDINATE TO THE GOVERNMENT; This law too lacked clarity.

CHARTER ACT of 1793-E.I.C got authority to grant license of COUNTRY TRADE/GG of Bengal got
Power of Negation / The Act established that ACQUISITION OF SOVEREIGNTY BY THE SUBJECT OF
CROWN IS ON THE BEHALF OF CROWN and NOT IN ITS OWN RIGHT / Salaries of B.o.C. were charged
to company + E.I.C had to pay 5 lakhs/annum from the Indian revenue.

CHARTER ACT of 1813-Trade monopoly ALMOST ended (monopoly continued over tea trade and
trade with China) / THE ACT ASSERTED CROWN'S SOVEREIGNTY OVER BRITISH POSSESSIONS IN
INDIA/Christian Missionaries allowed.

CHARTER ACT of 1833-Final step of Centralization - Provincial Legislative Councils were abolished. /
GG of Bengal became GG of India (1st William Bentinck) / Law Commission established / Slavery
ended (Act of 1843)/ The Act ENDED COMPANY'S COMMERCIAL ACTIVITIES, MAKING IT A CROWN'S
TRUSTEE IN ADMINISTERING INDIA. / No restriction on European Immigration/Is. Of St. Helena-
transferred from E.I.C. to Crown. / Attempted to introduce an open competition for higher civil
services.

Note - Entering higher civil services required graduating from Haileybury college, admissions to
which were influenced by E.I.C.. This is the reason why bureaucrats remained loyal to the Company
and E.I.C. couldn't be controlled.

CHARTER ACT of 1853-Indefinite extension to Company. / Separated legislative functions of GG in

council from executive functions - provided for addition of 6 new legislative councillors and this
legislative council functioned as a mini-parliament.
Polity class 2
Doctrine of lapse English teaching religious insensitivity such kind of policies resulted in first war of
independence 1857

Britishers learnt their lesson

Government of India Act of 1858________

• Government of India Act of 1858 also called in India act for the good government in India

• The company's territories in India were to be vested in the Queen, the company ceasing to
exercise its power and control over these territories.

• India was to be governed in the Queen's name.The Queen's Principal Secretary of State
received the powers and duties of the company's Court of Directors.

• Abolished double government.

• A council of fifteen members was appointed to assist the Secretary of State for India.

• The council became an advisory body in Indian affairs. For all the communications between
Britain and India, the Secretary of State became the real channel.

• .The Crown was empowered to appoint a Governor-General and the governors of the
presidencies.

• Its provisions called for the liquidation of the British East India Company (who had up to
this point been ruling British India under the auspices of Parliament) and the transferral of its
functions to the British Crown.

• Made body corporate(Sue and can be used ) made juristic person

INDIAN COUNCILS ACTS ___

• Purpose to get more Indians involved in administration, legislative councils development

• The Government of India Act of 1858 made important changes in the manner of
governance from England, but it made no significant changes to the Indian government
system.Following the 1857 Mutiny, there was a widespread belief in England that establishing a
government in India without the participation of Indians in the administration would be extremely
impossible.

• The 1833 Charter Act centralized the legislative process. It had only one representative in
each of the four provinces, and it failed to pass legislation that was tailored to the needs of the
people.The Governor General in Council was failing in his legislative duties and was unable to
perform effectively due to lengthy procedures that caused delays in enactment.

✓INDIAN COUNCILS ACT 1861 _____

• The trend of decentralisation was initiated by this act, which restored the legislative
powers of the Bombay and Madras presidencies.Thus, the centralising trends that began with the
Regulating Act of 1773 and culminated with the Charter Act of 1833 were reversed

• recognized the Portfolio System (introduced by Lord Canning in 1859) under which, a
member of the Viceroy’s Council was made in-charge of one or more departments of the
Government and was authorised to issue final orders on behalf of the Council on the matters of the
concerned department.

• It also empowered Viceroy to issue ordinances, without the consent of the Legislative
Council during an emergency. The ordinance will be valid for a period of 6 months.

✓INDIAN COUNCILS ACT 1892

• Granted Indians a greater say in the government by allowing them to vote for members of
the legislative councils Indian members allowed to vote if they were text pairs graduate of
universities

• Gave members the right to ask question on the budget all matter of public interest they
could not ask supplementary question

• Need permission of the governor general the legislative counil , empowered to make new
laws and repeal old laws

Formation of Muslim league and partition of Bengal

✓ INDIAN COUNCILS ACT OF 1909____

• Communal electorate system which ultimately led to partition.

• Separate electorate: It introduced a separate electorate for Muslims.

• Official majority: The official majorities were abolished from the provincial legislature.

• It was done on the advice of Gokhale, who was deeply involved in the preparation of
Reforms.

• Executive control: The reformed legislature did not have control over the executive.Powers
given to members of Council:
 • The right to ask questions and supplementary questions for the purpose of further
elucidating any point. To move resolutions in the councils.Public interest matters: Rules were also
framed under the Act for the discussion of matters of general public interest in the legislative
councils.

UNDERSTANDING INDIA____

India was never a slave state, India was a colony of England . Colony-legal and political occupation.
Head of the state -foreigner

AHINSA was a way to achieve when over this battle.

That's why we have Indian freedom struggle not revolution.

sovereign- legal political power and head of the state own elected representative.

• Dominion-legal and political power but head of the state still foreigner.

• Federation

Princely states (doctrine of paramountcy) and provinces

1. Provincial autonomy

Bicameralism and division of power

2. Princely states leave the arrangement of Suzerainty

Reasons for 1857 war

1. Doctrine of Lapse

2. Religious Insensitivity

3. Economic Grievances

4. Political Changes

5. English Teaching

6. Mangal Pandey Incident

1857 war -

Bahadur Shah Zafar - Charge sheet - End of Mughal Era

They wanted to ensure that this doesn't repeat again

GOI Act of 1858

1. The position of the Governor General of India was replaced by the Position of Viceroy

2. GG is a representative of the monarch in a self governing colony or dominion. Largely ceremonial

role.

3. Viceroy is the representative of the monarch in a colony that is not self governing. He is the direct
representative of the crown. V = V + GG. Viceroy now played the role of Viceroy and GG

4. 1858 - EIC Abolished - 1773 to 1858

5. Start of British Raj - 1858 - 1947

Double Govt Abolished in 1858 - BOC and COD discontinued

Double govt power transferred now to Secretary State of India - Strongest Political Office - British MP
and member of PM cabinet assisted by council of 15 members (India Council)

He becomes Political Head

Queen
 ↑

British Parliament

Secratary State of India (Political Head)

Viceroy

India - Govt Servants

Hence this govt is a "Responsible Govt" - Answerable, Accountable and Good Govt

It is accountable to the people it governs

1st Nov - 1858 - Lord canning - viceroy

Proclamation - company's Raj ends and beginning of British Raj

Declared India formally a colony of England - Her Majesty's govt

Good Govt Act -

1. Religious Freedom

2. Equal Justice

3. Protection of Property

4. Fiscal Responsibility

5. Accountability

Secratary of State of India - Body Corporate

it can sue or be sued

First time - Govt of India Act, 1858 - Body Corporate

What really happened!

Administrative Streamlining

Appeasement policy

Lord Canning -

Asked queen for Amnesty

Clemency

Said - I will not govern in Anger

Aim - To get more and more Indians involved in governance and Adminstration and for that to
develop - Legislative Councils

Therefore,

Indian Councils Act - 1861, 1892, 1909

Indian Councils Act of 1861 -

~ Restored the legislative power of Bombay and Madras presidency taken away by charter act of
1833. presidency of Bengal - power to make laws for entire British India, bomay and madras power to
make laws for their respective presidencies - 1st step towards decentralisation

~ Governor - General's Council Was Enlarged (Expanded Council - 6 to 12) for legislative functions.

~ GG/Viceroy - "Nominated" 3 Indians to Legislative Council

Raja of Benaras

Maharaja of Patiala

Sir Dinkar Rao

unofficial members - no powers

~ Introduced Portfolio System - Departmentalisation to increase

1. Responsibility

2. Accountability

3. Answerability

4. Administrative Streamlining

Still legislative council not free and answerable to Executive - Executive Primacy. VICEROY COULD
OVERRULE ANY DECISION OF THE LEGISLATIVE COUNCIL. SECRETARY OF STATE OF INDIA COULD
OVERRULE THE DECISION OF THE THE VICEROY

The Governor General also had the power to promulgate ordinances during emergencies. - life of
ordinance 6 months.

Ordinance - Executive making laws when legislative is absent.

This gave him absolute power like Veto.

Indian Councils Act of 1892

1. INC influence played a big role in ICA 1892

2. THE ACT was passed in response to growing Indian nationalism and the desire to the British govt
to appease Indian dian demands for greater self - govt.

3. The act was seen as a way to improve the efficiency of the Indian govt

INC wanted:

- reforms in legislative councils

- principle of election instead of nomination (representation by way of indirect election was agreed
without calling it "Indirect elections")

- discussions on financial matters

4. Expansion of central legislative council to 16 members (addition of non official members

increased)

5. provincial council was also increased but variably

6. The act also granted Indians a greater say in the govt by allowing them to vote members of
legislative councils.

7. Indians were allowed to vote if they were:

~ taxpayers
~ graduate of universities

~ member of certain professions

8. Principle of representation initiated through this act

9. district boards, universities, municipalities, chambers of commerce and zamindars were authorised
to recommend members to provincial councils

10. THE ACT gave - members to ask questions on the budget on matters of public interest, they could
not ask - supplementary questions

11. the legislative councils were empowered to make new laws and repeal the old laws - but needed
permission of the Governor General

INDIAN COUNCILS ACT OF 1909

Partition of Bengal..... Muslim League etc...

Morley ( Secretary of State) Minto(VICEROY) Reform...

Central Legislative Council extended to 16to 60..

Increased in Provincial Legislative Council but not uniform

$COMPLETE REVISION FIRST WAR OF INDEPENDENCE 1857 BRITISH WERE CALL IT MUTINY GOI ACT
OF 1858 .... ACT FOR THE GOOD GOVERNMENT IN INDIA Answerable/ accountable government Step
1 . Queen victoria - EMPRESS LORD CANNING - ALLAHABAD 1 NOV 1858 PROCLAMATION - empress
Her majesty government . religious freedom . Equal justice . Protection of property . Fiscal
responsibility Har majestic government rule in the name of the crown The first war of independence
is not a mass moment. Suzerainty - provincial States wants took permission for external affairs
Appeasement start For making happy to princess pitts India act double government was abolish
Secretary state of India was sitting in the London Cabinet minister rank member of parliament of
Britain The power of double government is goes to in the hand of secretary state of India It is headed
India council India council is the council of 15 member Was in London . ABOLITION OF THE EAST
INDIA COMPANY end of the company End of company rule and beginning of British Raj Viceroy is a
not governor general viceroy also had power of governor general + viceroy Viceroy directly represent
the king or queen royalty representative The act created the office of the viceroy of India who was
the British monarch representative in India the viceroy was appointed by the British government and
had extensive power over the administration of India All the officers India answerable to the British
Viceroy of India is answer about secretary of state of India Secretary state of India is answerable to
the British parliament(king or Queen) It is a continuation chain of answerable Highest political officer
secretary state of India Secretary of state was appointed as body corporate #Indian council act of
1861 Motive to get more Indians involved The act as a 68 restore the registered power of Bombay
and Madras presidencies taken away by the charter act of 1833 . First step of decentralisation
Maximum decentralization Government of India act 1935 . Viceroy nominated Indians to the council
in the Raja of Banaras the maharaja of Patiala and sir dinkar rao Viceroy could overrule the council
secretary of state for India in Britain could also over rule any act passed by the governor general
council . governor general council was enlarged 6-12 additional members nominated by the governor
general LEGISLATIVE FUNCTIONS Started- PORTFOLIO SYSTEM STARTED lord canning 1885- PRICE OF
INDIAN NATIONAL CONGRESS # INDIAN COUNCILS ACT OF 1892 THE MEMBERS WAS EXCITED FROM
6 TO 12 FROM 16 THE ACT WAS PASSED IN RESPONSE TO GROWING INDIAN NATIONAL AND THE DR
OF THE BRITISH GOVERNMENT TO A PAGE INDIAN DEMAND FOR GREATER SELF GOVERNMENT
#INDIAN COUNCIL ACT OF 1909 . THE MEMBERS KO DISCUSS THE BUDGET AND MOVED RESOLUTION
THEY COULD ALSO DISCUSS METHOD OF PUBLIC ENTERS THEY COULD ALSO ASK SUPPLEMENTARY
QUESTION . NO DISCUSSION ON FOREIGN POLICY OR ON RELATION WITH THE PRINCELY STATE WERE
PERMITTED SATYENDRA PRASAD SINHA WHOLE LETTER KNOWN BECAME LORD SINHA WAS THE
FIRST INDIAN TO BE MADE MEMBER OF THE GOVERNOR GENERAL EXECUTIVE COUNCIL MINTO
FATHER OF COMMUNAL ELECTROLY SYSTEM DIVIDE AND RULE POLICY INDIA NEIGHBOURS LIVE
STATE COLONY WHICH HAVE LEGAL AND POLITICAL OCCUPATION ARRIVING OF GANDHIJI
DEMANDING THE PROVINCES PROVINCIAL AUTONOMY AND PRINCELY ESTATE NEED TO LOSE
SUZERAINTY DEMAND OF FEDERATION GANDHIJI KE ROAD MAP TO INDIAN PEOPLE DEMAND OF
DOMINION GOVERNMENT OF INDIA ACT 1909 Montague Chelmsford reform D yarchy at the level of
provinces Division of power viceroylist provincial list Provincially separated from list on transfer
transfer list to goes to Indian people and reserve list in the hand of British School colleges
manufacturers have the in the list of transferred and the budget in the list of reservation It means
there is no division of power in directly all the powers have viceroy Buffalo of Indian act 1991 one of
the region is launched non cooperation movement Non cooperation movement was the first mass
movement by an India movement due to chaori chaora non cooperation movement suspended
According to Government of India act 1990 British were promise that in 10 year we will revise lodge
but after the event of non cooperation movement they were tensed and launch Simon commission
in 8 years Simon commission was operating parliamentary commission which the Indian people are
not involve in this commission was sent in India and 1927 to investigate the working of the
Government of India act 1919 Government of India act 1935 Longest first time provincial autonomy
to granted Indian maximum recent major source of the modern constitution of India Provided for a
federal Government of for India with the provinces and princely state represented The act also divide
power between the central and the provinces and introduce responsible government in the
provinces Division of power divided powers between the centre units in terms of three late federal
list pro

Recap :

GOI 1858

ICA 1861

ICA 1892

ICA 1909

GOI 1935

IIA 1947
Polity class 3 : preamble
Aims and objectives resolution
Introduce - 13.12.1946
Adopt- 22.01.1947
- it was plan of the structure
- STATEMENT OF INTENT

=> preamble is the final summary of the Constitution of india

=> aims and objective was index

Clause by clause reading of constitution in constituent assembly debates

- started on 9 dec 1947- 26 nov 1949
=>constituent assembly was doing dual function-

☆Constituent assembly- presided by Dr Rajendra prasad

★Provisional parliament- presided by G.V. MAVLANKAR

- 24 jan 1950 - last day of constituent function - to append

their signature on the Constitution of india

--The preamble derived from the aims and the objectives

The first country to have

Written constitution-USA
Fundamental right formalise- USA
Preamble- USA
The first country to have
Written constitution-USA
Fundamental right formalise- USA
Preamble- USA

India adopted idea of preamble from USA

- political legal - autothony - to bbe ruled by the natives

- CONSTITUENT ASSEMBLY GET CONSTITUTIONAL SANCTION- 2nd cabinet

mission 1946- AV alexender
- steferd crips
-pathic Lawrence

India adopted idea of preamble from USA

- political legal - autochthony - to be ruled by the natives

- CONSTITUENT ASSEMBLY GET CONSTITUTIONAL SANCTION- 2nd cabinet

mission 1946- AV alexender
- steferd crips
-pathic Lawrence
Source of power- people of india ( we the people)

A- 395- from this day onwards govt. Of india act 1935 and indian
independence act 1947- REPEALED

SOVEREIGN - not interference

- internal Sovereign + external Sovereign
Aims and Objective Resolution -
Introduced by Nehru on 13 dec 1946.
: blueprint for what we are going to do in constituent assembly : plan for the
structure : statement of intent.
#aims and objectives resolution= independent, republic, sovereign but in real
preamble - democratic, republic and sovereign.
Hence,aims and objectives resolution is not equal to preamble but preamble
derives from aims and objectives resolution.

2. Constituent assembly - to write the c o.i.

#formation-6.12.1946
#1st session -9.12.1946
#last session - 26.11.1949
#last day of working - 24.01.1950- to append the signatures of the members.
Total working days - 2 years 11month 18 days
#get sanctioned by 2nd cabinet mission #indian independence act made it
sovereign.
#dual role-
A. Constituent assembly - Dr. Rajendra Prasad
B. Provisional parliament - G.v mavlanker.

3. We the people of India - source of authority or power.

# autochtony- to be ruled by natives or soil

4. Sovereign - No external power can play role in our politics,tax and law.
#external sovereign
#internal sovereign

Joining BRICS,UNO,G20, COMMONWEALTH - doesn't affect the sovereignty

5. Socialist-
# added to the preamble by the 42nd ammendment act of 1976.
A. Ganhian Socialism - nonviolence and classless society
B. Marxist Socialism - revolution and classless society

#we have primarily Gandhian Socialism but also Marxist Socialism (mixed
socialism)

Baba Saheb - we didn't add this word to the preamble before to prevent the
confusion

So there is 0 percent constitutional significance in adding this word to

preamble. #playingpolitics

Our own brand of socialism - Equality of status and opportunity

6. Secular -
#added by the 42nd ammendment act of 1976 but we are always secular in
spirit.

Our own brand of secularism - Sarv Dharm samvab, Watchful ambivalence

LIBERTY OF BELIEF,FAITH AND WORSHIP
Western concept of secularism - Complete Divorce.

5. Democratic -
#parliamentary democracy (India)
#presidential democracy (u.s.a)

*A democracy is based on consent or superior wisdom of the people

Constitutional govt. Is limited government

Lexrex- Law is the king

6. Republic - when the h.o.s is not monarch but an elected president.

A. Nehru - whatever is not monarch is republic ( it is technically correct but not

complete)

B. Baba Saheb - citizen centric ( influenced by Jyotibarao phule.

NATURE:

1. Justice -
#social
#economic
#political

*Justice is the final aim of every welfare state.

Derives from the Russian constitution

2. Equality -
#equal status and opportunity
#and to promote among them all

Derives from French revolution

3. Liberty -
Of thought, expression, belief,faith and worship

Derives from French revolution

4. Fraternity:
# assuring the dignity of the individual and unity and integrity of the nation.

Derives from French revolution.

Imp dates:

1. 26th nov 1949 -

#date of adoption
#date of enactment
#gave ourselves to the constitution
#some articles has been enforced
2. 26th Jan 1950-
*Conscides with poorna swaraj declaration - political event

#enforcement of the majority of the constitution.

??Is preamble ammendable??

#yes, it can
#only once it has been ammended
#42nd ammendment act of 1976-
1.Sovereign
2.Secular
3.Integrity

?? should preamble ammendable??

# no, it is like playing fraud

# it is wrong to change the preamble without changing the constitution.

??Is preamble a part of constitution??

#No, it is not - Beru Bari case, 1960

#Yes, it is -
1. Keshavananda Bharti Case, 1973
2. Lic of India case 1995
*PREAMBLE:

1- Mind of the makers of the constitution.

2-Keynote to the constitution.

3- Vision of the founding fathers of the constitution of India.

4- Reflection of c.o.i.

5- Political Horoscope - K.M. Munshi.

6- it isn't the source of power or limitation of the government ; it is only a light

house

7- Non- justiciable by the court of law.

8- Ammendable.
Polity class 3 : citizenship

A- 5 citizenship on the basis of DOMICILE

- born in india
- either of your parents born in india ( undivided)
- ordinary residents for minimum 5years before the commencement of the
Constitution of india

A- 6
Born in india /parents were born / grandparents were born &
->migrated to india - before 19 july 1948- automatic citizenship

-> Migrated to india- after 19 july 1948- ordinary residents for 6 month- then
register for citizenship

Article- 7- those who left india Migrated to Pakistan are not citizen but
returned under permit- residents for 6 moths

A9
- not a citizen- if voluntarily aquired a foreign citizenship
- No dual citizenship

A- 10
Deemed to be a citizen of india unless / untill - you disqualified to be

Article 11
- parliament will be given the power to determine acquisition/ termination of
citizenship after commencement of the Constitution of india

By birth
Born in india
->after 26 jan 1950 before 1j7ly 1987--Automatic citizenship

On or after 1july 1987-- either parents should be indian citizens

After 3 dec 2004 -- both parents/ one is citizens and other is not illegal migrant

By descent - jus sanguine

- born outside
=>after 26 jan 1950 before 10 dec 1992
- father should be citizen at the time of his birth

=> after 10 dec 1992 - either of your parents should be citizen at the time of his
birth

=> after 3 dec 2004

- either of your parents should be citizen at the time of his birth
- birth should be registered within 1 year
-Renunciation - voluntarily give up
-Termination - automatically terminated
-Deprivation – deception
Three methods of loss of citizenship : 1. voluntary act - renunciation 2.
Termination - automatic legal process i.e., operation by law 3. Deprivation -
deception against govt of india

STATUS GIVEN BY GOVT OF INDIA - OCI - Merely to provide facilities. Prior to

the date 26-01-1950, was eligible to be Indian citizen but for certain
circumstances, didn't be so. The person is eligible for OCI CARD upon
application made by law according to section 7A of CA, 1955. Concept of
Multiple entry, multi purposes, life long visa to visit to India. exemption from
reporting to police even more or less than 182 days length. Provided with
certain facilities like educational seats, to invest in buying properties except
agricultural and plantation properties. Role is facilitative and no impact on
citizenship. PIO has been merged with OCI. Both are regarded as foreigners. For
OCI to be a citizen of India, he/she must be having OCI card for 5 years (1/1 OR
+ 5 Years) according to section 6 of CA, 1855. Same process that of a
registration. If earning in India, then taxes are payable by OCI.
Citizenship part 2 of the constitution A.5-11
A.5 (domicile) - You are born in India, either of your parents born in India, ,,
ordinarily resident in India 5 year prior to the commencement of COI(26 jan
1950). Give automatic citizenship
A.6(migration) - born in India either of your parents were born in India grand
parents were born in India
Come Before 19 July 1948 got automatic citizenship
After 19 July 1948 living as ordinary residence for 6 months - register - got
citizenship
A.7( reverse migration) - left India, migrate to Pakistan after 1 March 1947- not
citizen of India - return to India under permit for resettlement or permanent
return - ordinary residence for 6 months - register - citizenship
A.8 ( foreign residence) - whether you /your parents /your grand parents were
born in India - go near diplomat register your name - citizenship
A.9 no dual citizenship
A.10 you are deemed to be citizen unless disqualified
A.11 COI deals with citizenship only till 26 jan 1950 after that parliament have
power deals with citizenship
Citizenship act of 1955
Got citizenship by BRAND ( by birth , by registration, by acquisition , by
naturalization, , by descent)
By birth (jus soli) 26/1/1950- 1/7/1987 then you are citizen of India irrespective
of parents citizenship
After 1/7/1987--- either parents is citizen of India
After 3/12/2004--- both or one is citizen the other is not illegal migrant.
by descent (jus sanguine) 26/01/1950--10/12/1992 father must be citizen of
India
After 10/12/1992--- either parents are citizen of India
After 3/12/2004--- either parents are citizen of India --- compulsory
registration within 1 year
by registration -- person of Indian origin ---Ordinary residence 7year before
application (or)married to an Indian citizen-- register - citizenship ( discretion
of govt)
by acquisition --- parliament by law give citizenship like Goa
by naturalization --- not illegal migrant , no dual citizenship --abide by the COI--
working knowledge any of 22 language -- allow Indian's citizenship in your
country by naturalization --- before application 1year O.R. continues any
immediately 11 year out of 14 year (discretion of govt)
Lose citizenship by
Renunciation - voluntarily give up citizenship
Termination - automatically operations by law take citizenship of foreign
country
Deprivation - In registration and naturalization any false representation or
fruad then deprive of citizenship of India
NRI are Indian citizen mention in taxation status
Residing outside India for more than half of year
Benefit - special oversea account -- education reservation -- income in abroad
not taxed by IT - earn in India under IT
OCI- is a foreigner, , expatriate every time visa apply so govt issue OCI visa life
long and other facility (5+1 year O.R. before apply --citizenship )
Citizenship amendment act of 2019 --- hindu, Buddhist, Sikh,
parsi,Jain,Christian from Pakistan ,Bangladesh ,Afghanistan before 31/12/2014
O.R. 5+1 year got citizenship

Polity class 4 : Basic of doctrine

A- 13 THE state shall not make any law which takes away or abridges the rights
cofered by this part and any law made in contravention of this clause shall to
the extent of the contravention be void

A- 368- notwithstanding anything in 5his constitution parliament mayin

exercise of its constituent power amend by way of addition variation or repeal
any provision of this constitution in accordance with the procedure laid down
in this article.

Compulsory acquisition of property - ARTICLE 31

1 CAA 1951
Inserted- ARTICLE 31-A
- ARTICLE 31-B
- NINTH SCHEDULE

31A- IF PARLIAMENT MAKES -LAW ON- AGRARIAN REFORM - and it is against A-

14 A- 19
A- 31 --- STILL IT WILL NOT BE VOID
Ninth schedule- Any law inserted in this schedule-will be immune from judicial
review

- ninth schedule- A repository of numerous law often criticized as 'constitution

dustbin'

--->Sankari prasad vs union of india- 1951 - challenged 1 CAA 1951

- judgment A- 368 is stronger than A- 13

->Sajjan singh vs state of Rajasthan 1964- judgment- A- 368 is stronger than A-

13 --- 17th CAA is valid

Constitutional bench- minimum 5 judge

- constitutional bench can be form only by chief justice of india- A- 145
- it should have odd number of judge to avoid tie
- UNANIMOUS DECISION -5:0
- SPLIT DECISION- 3:2
---

Golaknath case - 11 judge constitutional bench - by a split decision- overruled

the sajjan singh case judgment- A- 13 is stronger than A 368
-- FUNDAMENTAL RIGHT ARE ' SACROSANCT '
- FUNDAMENTAL RIGHT ARE Transdencial and immutable
- A-13 provides limit to A- 368

BASIC STRUCTURE DOCTRINE

Inherent Conflict between two articles - Article 13 and Article 368
ARTICLE 13 - the state shall not make
OLAA- any law, any legislation, any action, any amendment, Which VAC-
Violates/Abridges/Contravene any of F.R in Part 3- ultravires- under guarantee
of Supreme court
Q- Which act of constitution of India expressly mention JUDICIAL REVIEW?
ans NO PART
Q- which part expressly mention DOCTRINE OF JUDICIAL REVIEW
ans. ARTICLE 13

ARTICLE 368- Notwithstanding anything in the constitution, Parliament may in

exercise of its constituent power amend by way of addition, variation or repeal
ANY PROVISION OF THE CONSTRUCTION in accordance with PROCEDURE LAID
down in this Article.
To implement LAND REFORM - 1ST CAA 1951- repealed Article 31 - Acquisition
of Property
Added - 31A, 31B, NINTH SCHEDULE

1st CAA challanged in

SANKARI PRASAD DEO VS UOI - winner ART 368

17 TH CAA 1964
challanged by SAJJAN SINGH VS STATE OF RAJASTHAN 1964- Winner ART 368
AGAIN
Judgement appeal by CJI - IC GOLAKNATH VS STATE OF PUNJAB 1967- WINNER
ART 13
ART 368 cannot amend F.R
- FR are STI- SACROSANCT, TRANSCENDENTAL, IMMUTABLE
-this LIMITED PARLIAMENT'S POWER
INDIRA GANDHI - 24 TH CAA 1971
ART 13(4)- 1- nothing in art 13 shall affect amending power of ART 368
2- Even President can't veto it.
This was DIRECT ATTACK ON DEMOCRACY OF INDIA

13 Judge bench largest so far

K.B VS UOI 1973 - CJI SM SUKRI
- ART 368 can amend F.R- Golaknath judgment is wrong
Q- Does that mean Parliament have unlimited powers ? Ans NO
LIMITED by NEW INNOVATION - BASIC STRUCTURE DOCTRINE - EVOLVING IDEA

IMP POINTS
- FR as a whole are NOT part of BSD.
- It is a judicial doctrine.
- It LIMITS the Power of EXECUTIVE LEGISLATURE

INTERNAL EMERGENCY - 25/06/1975 to 21/03 1977 - opposition members

were JAILED.
42ND CAA 1976- HEAVY AMENDMENTS
- ART 368 AMENDED- ART 368(4) and 368(5)
MINERVA MILLS LTD. VS UOI- EVERYTHING UNDER JUDICIAL REVIEW

9TH SCHEDULE - IR COELHO VS STATE OF KERALA 2007

- La schedule placed BEFORE 24-APRIL 1973 - Judicial review can be removed in
thes Fundamental right as a whole is not a part of the basic structure of
doctrine IR COELHO N WAMAN RAO CASE RETROSPECTIVE application of
constitutional law - to apply to an event in the past # I.R.COELHO CASE F.R.
As a whole not is a part of basic structure doctrine This judgement will be
applicable only prospectively