Indian Polity : Laxmikanth : Chapter 1 -6 : Day 1 of 75

ALONNG WITH CA + PY QUESTIONS ANALYSIS - Download the pdf copy of web article

Chapter 1 : Historical Background

EIC (East India Company) arrived in 1600 as a trading company ; Obtained diwani rights (revenue and civil justice) in 1765 of Bengal, Bihar and Orissa = started as a territorial power.
After 1857 revolt, british government directly ruled India until independence.
M N ROY suggested Constitutent Assembly (CA) and was constituted in 1946.

THE COMPANY RULE (1773-1858)

1. REGULATING ACT OF 1773: 1. Important because EIC ,for first time, was controlled by British government by prescribing Politico-administrative functions -- > (resulted in) central administration in India. 2. Governor of Bengal ---> Governor-General of Bengal (GGB) + creation of Executive council (4 mems) 3. other two governors becomes subordinate ; 4. creation of SC at Calcutta = 1 CJ + 3 other judges 5. company servants cant accept gifts/bribe 6. COD should report to British Govt on (revenue, civil & military affairs)

2. PITTS INDIA ACT OF 1784 :

Distinguished commercial + political functions ; COD = commercial affairs ; BOC (board of control) = political affairs --> System of double govt.

EIC territories = british possessions in India.

3. CHARTER ACT OF 1833 : Final step towards british consolidation. GGB--> GBI with civil + military + Legislative powers.

4. CHARTER ACT OF 1853: • 1st time : Separation of legislative and executive functions ; creation of separate Indian Legislative council (ILC) (mini parliament) • Covenanted civil services including for Indians - 1854= (Macaulay committee) • 1st tome : Local representation in ILC.

THE CROWN RULE (1858-1947)

1. GOVERNMENT OF INDIA ACT 1858 : No more EIC, all powers, territories --> British crown. • GGI --> VCI. • Ended double government i.e., no more BOC /COD • SOS (secretary of state) + 15member council (as an advisory body to SOS) : authority over Indian administration.

2. INDIAN COUNCILS ACT : 1861: 1. Representative institution for India = Indians as non-official members in the ILC 2. Reversal of process of decentralisation of Legislative powers + establishment of new LCs. 3. Portfolio system (Lord canning- 1859) 4. Ordinance making power – viceroy.

3. INDIAN COUNCILS ACT 1892 : Increase in no. of additional members to Central + Provincial LC + nomination of non-official members. Increase in functions of LCs - discuss budget and address question to Executive.

4. INDIAN COUNCILS ACT 1909 :

ILC Size increased (16--> 60). PLCs now have non-official majority. Increased LC deliberative functions : asking supplementary questions/ move resolution on budget. Separate electorate system

August 20.1917 : Resolution that gradual introduction of responsible govt. in India.

5. GOVERNMENT OF INDIA ACT 1919 (Montagu-Chelmsford reforms)

1. Separate list : For central and provincial 2. Provincial consisted : reserved(Governor not responsible) and transferred (governor responsible to council) 3. Bicameralism + Direct elections - but vote franchise is based on property, tax or education + principle of communal representation. 4. SOS--> High commissioner for India 5. Public service commission 6. Separate budget for Centre and province.

SIMON COMMISSION : 7 member commission ; recommended the abolition of diarchy ; responsible government for provinces ; Federation of british India + Princely states .

Then 3 RTCs --> white paper on constitutional reforms--> GOI 1935--> Communal award.

GOVERNMENT OF INDIA ACT : 1935 1. Establishment of All- India Federation 2. Dyarchy at centre but it was replaced with ‘provincial autonomy’ for provinces. 3. Bicameralism in 6/11 provinces. 4. Communal representation – scheduled classes, women & workers 5. No more – Council of India –now secretary of state with team of advisors. 6. Establishment of RBI + Public service commission(federal + provincial) + Federal court

February 20, 1947, the British Prime Minister Clement Atlee = declared end of british rule. Muslim League asked for partition. Mount batten plan for partition.

INDIAN INDEPENDENCE ACT 1947

India becomes sovereign state ; partition approved. No more viceroy/ responsibility by british govt. for india / Pakistan. No more SOS. Princely states can join either India/Pakistan. No more title of emperor of India / civil services

TABLE : 1.1 + 1.2 : Mug it up

Chapter 2 : Making of the constitution

• Constituent Assembly (CA) Idea -1934 : MN ROY • 1935 – INC + 1938 J.Nehru - demanded for CA. • British accepted the idea of CA through “August offer” 1940. • Cripps mission 1942 draft proposal for framing Indian constitution. It recommendation of two autonomous state with two CA was rejected by Muslim League (ML) . COMPOSITION OF CA : 389 – 296- British India + 93- Princely states. Though not based on adult franchise, it consisted of all sections of society. CA : 1st meeting : 09/06/1946 – presided by Sachinandan and Sinha (temporary_) ; Later by Dr. R. Prasad + HC Mukherjee (as president and vice-president) and BN RAU (constitutional advisor) • Glance through Objectives resolution. .................part of premium subscription.

Chapter 4 : Preamble of the Constitution

Preamble : identity card /summary/ essence of constitution : It shows the Source of authority of the Constitution (people) ; Nature of Indian State (..) ; Objectives (..) ; Date of adoption.

• Preamble to Indian constitution is based on Objectives Resolution of Nehru

NATURE OF INDIAN STATE:

1. SOVEREIGN : There is no authority above it, and it is free to conduct its own affairs (both internal and external). 2. SOCIALIST : Democratic socialism, on the other hand, holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side. 3. SECULAR : Articles 25 to 28 4. DEMOCRATIC : Possession of supreme power by the people (popular sovereignty doctrine) • Differentiate DIRECT AND INDIRECT ; PRESIDENTIAL AND PARLIAMENTARY DEMOCRACY. 5. REPUBLIC : Head of the state elected by people.

OBJECTIVES : 1. JUSTICE : Social, economic and political – through FR + DPSP. 2. LIBERTY : Freedom, not absolute, but is subject to reasonable restrictions. 3. EQUALITY : Art.14-18 ; 325,326, 39. 4. FRATERNITY : Sense of Brotherhood ; the dignity of the individual and the unity and integrity of the nation

SIGNIFICANCE OF PREAMBLE : Ignore.

PREAMBLE AS PART OF CONSTITUTION : • Berubari Union case : Preamble – not part of Constitution. • Kesavananda Bharati case : Preamble –part of the constitution + CANNOT BE

AMENDED TO DESTROY BASIC FEATURES. But cannot be a source of legislative powers + non-justiciable.

PREVIOUS YEAR QUESTION ANALYSIS :

‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in [2013 – I UPSC] (a) the Preamble and the Fundamental Rights (b) the Preamble and the Directive Principles of State Policy (c) the Fundamental Rights and the Directive Principles of State Policy (d) None of the above

SOLUTION : Preamble has “economic justice as a component”. Therefore option should be a or b.

Now, FR deals with political rights and DPSC deals with socio-economic aspect.

Therefore, Answer should be b.

Chapter 5: Union and its territory

India or Bharat is “union of states” not “federation of states” ; as formation of India is not agreement of states + no state can secede from it.

Article 1, the territory of India can be classified as Territories of the states/ Union territories / Territories that may be acquired by the Government of India at any time. • Constitution relating to states applies to all( except Jammu) + • special provisions (under Part XXI) applicable to the States of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, ArunanchalPradesh and Goa. • 5th and 6th schedule for administration of scheduled areas and tribal areas within the state.

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 3 authorises the Parliament to: Form new state by separation/ uniting ; increase /diminish – area ; alter boundaries/ name of the states. Parliament can re-organise the state only after : 1) prior recommendation of president is needed for introducing the bill in Parliament 2) President refer that bill to state legislature to express its views. But its views are not binding.

• Settlement of a boundary dispute between India and another country does not require a constitutional amendment.

EVOLUTION OF STATES AND UNION TERRITORIES :

• British India --> India + Pakistan. • 552 princely states joined India (3 refused – but later joined – who and how?) • 1950 COI – PART A, B,C,D classification. • S K Dhar + JVP Committee = rejected language as the basis for reorganisation of state. • First linguistic state, known as Andhra Pradesh after death of Potti Sriramulu, • Fazl Ali (chair)+ K M Panikkar and H N Kunzru (members) : gave four major factors for re-organisation + abolition of the four-fold classification of states.

New States and Union Territories Created After 1956 :Know the chronology.

Chapter 6 : Citizenship

1. CITIZENS V. ALIENS : Citizens are full members i.e., they enjoy all civil and political rights whereas aliens do not. Aliens – can be friendly or enemy (country that is at war with India + they enjoy can be detained under Art.22).

2. RIGHTS MEANT ONLY FOR CITIZENS : Rights only enjoyed by citizens (by birth/ naturalisation) : Art.15,16,19,29,30 + Right to vote + contest + eligibility to hold public offices.

3. CONSTITUTIONAL PROVISIONS: Deal with the citizenship of (a) persons domiciled in India; (b) persons migrated from Pakistan; (c) persons migrated to Pakistan but later returned; and (d) persons of Indian origin residing outside India. • Citizenship of any foreign state is NOT an India citizen (Art.9) • acquisition and termination of citizenship and all other matters relating to citizenship = power of parliament (Art.11)

4. CITIZENSHIP ACT, 1955 : The Citizenship Act (1955) provides for acquisition and loss of citizenship after the commencement of the Constitution. This Act has been amended so far four times by the following Acts (1986, 1992,2003, 2005)

5. ACQUISITION OF CITIZENSHIP : By Birth/ Descent / Registration/ Naturalisation / Incorporation of Territory. The provisions are listed under sections 3, 4, 5(1) and 5(4) of the Citizenship Act, 1955.

6. LOSS OF CITIZENSHIP : By renunciation/ Termination/ Deprivation.

PREVIOUS YEAR QUESTION - ANALYSIS

Consider the following statements: [2005 UPSC]

1. Article 371 A to 371 I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunchal Pradesh and Goa. 2. Constitution of India and the United States of America envisage a dual policy (The Union and the States) but a single citizenship. 3. A naturalized citizen of India can never be deprived of his citizenship.

Which of the statements given above is/are correct?

(a) 1, 2 and 3 (b) 1 and 3 (c) 3 only (d) 1 only

SOLUTION :

ST 1 : Seems too factual – leave it for a second ; let’s check other 2 STs. ST 2 : It is common knowledge that U.S. has dual citizenship ; therefore it is wrong. ST 3 : No. There are modes of deprivation of citizenship based on the act of the citizen. It is also wrong.

Therefore, ST 1 has to be correct.

ANSWER : D

CURRENT AFFAIRS :

1. The High Court of Meghalaya recently held that Tibetan refugees born in Shillong or elsewhere in the country after January 26, 1950, and before July 1, 1987, as per the Citizenship Act, 1955, will be considered as Indian citizens. MARCH 8 2017.

2. The Citizenship (Amendment) Bill, 2016 : FEATURES : • The Bill amends the Citizenship Act, 1955 to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship. • Under the Act, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 11 year requirement to six years for persons belonging to the same six religions and three countries. • The Bill provides that the registration of Overseas Citizen of India (OCI) cardholders may be cancelled if they violate any law.