CONSTITUTION OF INDIA
Right to Freedom
Laws
CHAPTER II PARLIAMENT
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
93. The Speaker and Deputy Speaker of the House of the People
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under
97.
Conduct of Business
Disqualifications
Legislative
CHAPTER III
LEGISLATIVE POWERS OF THE
IV
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
182. The Chairman and Deputy Chairman of the Legislative Council
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman
224A. Appointment of retired Judges at sittings of High Courts
225. Jurisdiction of existing High Courts
226. Power of High Courts to issue certain writs
226A. [Omitted by the Constitution (forty-third Amendment) Act, 1977, w.e.f. 13-4-1978]
227. Power of superintendence overall courts by the High Court
228. Transfer of certain cases to High Court
228A. [Omitted by the Constitution (forty-third Amendment) Act, 1977,
13-4-1978]
229. Officers and servants and the expenses of High Courts
230. Extension of jurisdiction of High Courts to Union territories
231. Establishment of a common High Court for two or more States
232. [Omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956]
CHAPTER VI
SUBORDINATE COURTS
233. Appointment of district judges
233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges
Application of the provisions of this Chapter to certain class or classes of magistrates
PART VII
238. [Omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956]
PART VIII
THE UNION TERRITORIES
239. Administration of Union territories
Creation of local Legislatures or Council of Ministers or both for certain
239AB. Provisions in case of
Power of administrator to promulgate Ordinances during recess of
240. Power of President to make regulations for certain Union territories
241. High Courts for Union territories
242. [Omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956]
PART IX
THE PANCHAYATS
243U.
PART IXA THE MUNICIPALITIES
243W.
PART IXB
THE
PART X
THE
SCHEDULED AND
AREAS 244. Administration of Scheduled Areas and Tribal Areas
Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or
PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I LEGISLATIVE RELATIONS
Distribution
246. Subject-matter of laws made by Parliament and by the Legislatures of States
246A. Special provision with respect to goods and services tax
247. Power of Parliament to provide for the establishment of certain additional courts
248. Residuary powers of legislation
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States
252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State
253. Legislation for giving effect to international agreements
254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only 171
CHAPTER II
ADMINISTRATIVE RELATIONS
257A. [Omitted by the Constitution (forty-fourth Amendment) Act, 1978, w.e.f. 20-6-1979]
258. Power of the Union to confer powers, etc., on States in certain cases
258A. Power of the States to entrust functions to the Union
259. [Omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956]
260. Jurisdiction of the Union in relation to territories outside India
261. Public acts, records and judicial proceedings
Disputes relating to Waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys
Co-ordination between States
263. Provisions with respect to an inter-State Council
268A.
272. [Omitted by the Constitution (Eightieth Amendment) Act, 2000, w.e.f. 9-6-2000
283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts 186
284. Custody of suitors’ deposits and other moneys received by public servants and courts 187
285. Exemption of property of the Union from State taxation 187
286. Restrictions as to imposition of tax on the sale or purchase of goods 187
287. Exemption from taxes on electricity 188
288. Exemption from taxation by States in respect of water or electricity in certain cases 188
289. Exemption of property and income of a State from Union taxation 189
290. Adjustment in respect of certain expenses and pensions
290A. Annual payment to certain Devaswom Funds
291. [Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971, w.e.f. 28-12-1971]
CHAPTER II BORROWING
292. Borrowing by the Government of India
293. Borrowing by States
CHAPTER III
294. Succession to property, assets, rights, liabilities and obligations in certain cases
295. Succession to property, assets, rights, liabilities and obligations in other cases
296. Property accruing by escheat or lapse or as bona vacantia
297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union
298. Power to carry on trade, etc.
299. Contracts
300. Suits and proceedings
CHAPTER IV
RIGHT TO PROPERTY
300A. Persons not to be deprived of property save by authority of law
PART XIII
301. Freedom of trade, commerce and intercourse
302. Power of Parliament to impose restrictions on trade, commerce and intercourse
303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce
304. Restrictions on trade, commerce and intercourse among States
305. Saving of existing laws and laws providing for State monopolies
306. [Omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956]
307. Appointment of authority for carrying out the purposes of articles 301 to 304
PART XIV
Tenure of office of persons serving the Union or a State
Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
CHAPTER II
318. Power to make regulations as to conditions of service of members and staff of
319. Prohibition as to the holding of offices by members of Commission on ceasing to be
322.
PART XIVA TRIBUNALS
PART XV ELECTIONS
324. Superintendence, direction and control of elections to be vested in an Election Commission
325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
327. Power of Parliament to make provision with respect to elections to Legislatures
328. Power of Legislature of a State to make provision with respect to elections to such Legislature
329. Bar to interference by courts in electoral matters
[Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, w.e.f. 20-6-1979]
PART XVI
SPECIAL PROVISIONS RELATING
CERTAIN CLASSES
Representation of the Anglo-Indian community in the House of the
Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
Reservation of seats for women in the Legislative Assemblies of the States
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the
334. Reservation of seats and special representation to cease after certain
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts
336. Special provision for Anglo-Indian community in certain services
337. Special provision with respect to educational grants for the benefit of Anglo-Indian community
National Commission for Scheduled Castes
339. Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes
PART XVII
LANGUAGE
of the
Language to be used in representations for redress of grievances
350A. Facilities for instruction in mother-tongue at primary stage
Special Officer for linguistic minorities
351. Directive for development of the Hindi language
PART XVIII
PROVISIONS
352. Proclamation of Emergency
353. Effect of Proclamation of Emergency
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation
355. Duty of the Union to protect States against external aggression and internal disturbance
356. Provisions in case of failure of constitutional machinery in States
357. Exercise of legislative powers under Proclamation issued under article 356
358. Suspension of provisions of article 19 during emergencies
Suspension of the enforcement of the rights conferred by Part III during emergencies
[Omitted by the Constitution (Sixty-third Amendment) Act, 1989,
6-1-1990]
PART XIX MISCELLANEOUS
[Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971
28-12-1971]
363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A. Recognition granted to Rulers of Indian States to cease and privy purses to be abolished
364. Special provisions as to major ports and aerodromes
Effect of failure to comply with, or to give effect to, directions given by the
AMENDMENT
PART XX
368. Power of Parliament to amend the Constitution and procedure therefor
PART XXI
TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
370. Temporary provisions with respect to the State of Jammu and Kashmir
371. Special provision with respect to the States of Maharashtra and Gujarat
Special provisions with respect to the State of Andhra Pradesh or the State of Telangana
Establishment of Central University in Andhra Pradesh
Special provisions with respect to the State of Sikkim
the State of Arunachal Pradesh
Power of President to make order in respect of persons under preventive detention in certain cases
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council
375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution
376.
379-391. [Omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956]
392. Power of the President to remove difficulties
PART
Constitution of India
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the 2[unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
COMMENTS
SECTION NOTES
u The Constitution of India was adopted and enacted by the Constituent Assembly on 26-11-1949 but was brought into force on 26-1-1950.
u By a sweet coincidence, the Declaration of the Rights of Man was approved by the National Assembly of France on 26-08-1789.
u All sovereignty vests with “We, the people of India” and not with any institution that is a creature of this Constitution, including Legislatures, Executives and Judiciary.
u Article 3 of the Declaration of the Rights of Man is instructive in this regard as it states that: “The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.”
u The Preamble expresses the “solemn resolve” of the ultimate sovereign “We, the people of India”.
u The solemn resolve is to do the following three-fold things through the medium or the instrument of the Constitution of India:
n to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC, and
n to secure to all its citizens:
1. Substituted for “SOVEREIGN DEMOCRATIC REPUBLIC” by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 3-1-1977.
2. Substituted for “unity of the Nation”, ibid.
l JUSTICE, social, economic and political;
l LIBERTY of thought, expression, belief, faith and worship;
l EQUALITY of status and of opportunity;
n and to promote among the citizens of India:
l FRATERNITY assuring, - the dignity of the individual, and - the unity and integrity of the Nation.
u The Preamble of the Constitution does not “grant” Justice, Liberty and Equality to the Citizens of India.
u It guarantees the citizens of India justice, liberty, equality, and fraternity. This can be seen from the words “secure to all its citizens”
CASE LAWS
u The preamble is the soul of the Constitution. It gives purpose, direction, outlines the objectives of the Constitution and shows the source of the Constitution. The preamble is an integral part of the Constitution, and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. Every provision of the Constitution can be amended provided in the result that the basic foundation and structure of the Constitution remains the same.— Kesavananda Bharati Sripadgalvaru v. State of Kerala, AIR 1973 SC 1461; [1973] 4 SCC 225.
u The features of the basic structure may consist of the following:
1. Supremacy of the Constitution;
2. Republican and Democratic form of Government;
3. Secular character of the Constitution;
4. Separation of powers between the Legislature, the Executive and the Judiciary;
5. Federal character of the Constitution.
The above structure is built on the basic foundation, i.e., the dignity and freedom of the individual. This is of supreme importance. Any form of amendment cannot destroy this.
— Kesavananda Bharati Sripadgalvaru v. State of Kerala, AIR 1973 SC 1461; [1973] 4 SCC 225. For basic structure of the Constitution See also : Indira Gandhi v. Raj Narain, AIR 1975 SC 2299; Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789 and Chandra Kumar v. Union of India, AIR 1995 SC 1125; [1997] 3 SCC 261.
u Power of judicial review, independence of judiciary, broad separation of powers in three departments of the State, federalism and democracy are the basic features of the Constitution. — Supreme Court Advocates-on-Record Association v. Union of India, AIR 2015 SCW 5457.
u The Supreme Court has deduced the Fundamental Right to equal pay for equal work and compassionate appointment by reading the word ‘socialist’ in the Preamble with Articles 14 and 16. — Balbir Kaur v. Steel Authority of India, AIR 2000 SC 1596; [2000] 6 SCC 493.
u Establishment of the egalitarian social order through rule of law is the basic structure of the Constitution. — Sathma v. State of Andhra Pradesh, AIR 1997 SC 3297; [1997] 8 SCC 191.
u The concept of secularism, to put in a nutshell, is that ‘State’ will have no religion. — Bal Patil v. Union of India, AIR 2005 SC 3172; [2005] 6 SCC 690.
PART I
THE UNION AND ITS TERRITORY
Name and territory of the Union.
1. (1) India, that is Bharat, shall be a Union of States.
3[(2) The States and the territories thereof shall be as specified in the First Schedule.]
(3) The territory of India shall comprise—
(a) the territories of the States;
4[(b) the Union territories specified in the First Schedule; and]
(c) such other territories as may be acquired.
COMMENTS
SECTION NOTES
Article 1(1):
u Article 1(1) provides that the name of the country shall be “India, that is Bharat”.
u Article 1(1) provides that India shall be a Union of States.
u Note: The word used is “Union” and not “Federation”.
Articles 1(2) and 1(3): The States and territories of India
u The territory of India shall comprise—
(a) the territories of the States as specified in the First Schedule;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
u See Article 2 as regards the Power of Parliament to admit into the Union or establish new states.
u See Article 3 for the Power of Parliament regarding the Formation of new States and alteration of areas, boundaries or names of existing States.
u Part II (Articles 5 to 8 and 11) of the Constitution deals with citizenship or how an individual may become a citizen of India.
u Article 9 provides that Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
u It may be noted that though Part III of the Constitution confers certain fundamental rights only on citizens of India, the right to become a citizen of India itself is not a fundamental right but a statutory right since:
n Article 11 provides that nothing in Articles 5 to 10 shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
n Article 10 further provides that every person who is or is deemed to be a citizen of India under Articles 5 to 8 shall continue to be such citizen subject to the provisions of any law that Parliament may make, continue to be such citizen.
3. Substituted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956.
4. Substituted, ibid.
CASE LAWS
u Under Article 1(1) the reasons for describing India as a ‘Union of States’ even though the Constitution is federal in structure are – (a) the Indian Union is not the result of an agreement by the states and, (b) the component states have no freedom to secede from the Union.
Even though, the term ‘territory of India’ is used in several Articles of the Constitution, however it is clear that in every Article where this phraseology is employed it means the territory of India for the time being as falls within article 1(3) and that the phrase cannot mean different territories in different articles. — N. Masthan Sahib v. Chief Commissioner, Pondicherry, 1962 AIR 797; (1962) SCR Supp. (1) 981.
u Art. 1(3)(c) does not purport to confer power on India to acquire territories, it merely provides for and recognises automatic absorption or assimilation into the territory of India of territories which may be acquired by India by virtue of its inherent right as a sovereign State to acquire foreign territory. — In re: Berubari Union and Exchange of Enclaves, AIR 1960 SC 845; [1960] 3 SCR 250. See also : Ram Kishore Sen v. Union of India 1966 AIR 644; 1966 SCR (1) 430.
u A settlement of a boundary dispute cannot, be held to be a cession of territory. It contemplates a line of demarcation on the surface of the earth. It only seeks to reproduce a line, a statutable boundary, and it is so fixed. Settlement of dispute, which relates to the alignment of an undefined boundary between two States involves no cession of territory by either State. A constitutional amendment is necessary in a case where de jure and de facto Indian territory is ceded to a foreign country.—Maganbhai Ishwarbhai Patel v. Union of India, AIR 1969 SC 783; (1969) 3 SCR 254.
u The Political sovereignty is distributed between the Union of India and the States with greater weightage in favour of the Union.—Rameshwar Prasad v. Union of India, 1963 AIR 1241; 1964 SCR (1) 371.
u The States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre.—S.R. Bommai v. Union of India, AIR 1994 SC 1918; 1994 SCC (3) 1.
Admission or establishment of new States.
2. Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
COMMENTS
CASE LAWS
u In relation to a new territory admitted to the Union, the terms and conditions should not be such as to fall outside the permissible constitutional limits. The power conferred on Parliament under article 2 is circumscribed by the overall constitutional scheme and Parliament, while prescribing, the terms and conditions on which a new State is admitted in the Indian Union, has to act within the said scheme.—R.C. Poudyal v. Union of India, AIR 1993 SC 1804; (1993) 1 SCR 891.
u The power to admit new States into the Union under article 2 is, no doubt, in the very nature of the power, very wide and its exercise necessarily guided by political issues of considerable complexity many of which may not be judicially manageable. But for that reason, it cannot be predicated that article 2 confers on the Parliament an unreviewable
and unfettered power immune from judicial scrutiny.—R.C. Poudyal v. Union of India, AIR 1993 SC 1804; (1993) 1 SCR 891.
Sikkim to be associated with the Union.
2A. [Omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, w.e.f. 26-4-1975. Earlier, it was inserted by the Constitution (Thirty-fifth Amendment) Act, 1974, w.e.f. 1-3-1975.]
Formation of new States and alteration of areas, boundaries or names of existing States.
3. Parliament may by law—
(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(
e) alter the name of any State:
5[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States 6[***], the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.]
7[Explanation I.—In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.
Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.]
COMMENTS
CASE LAWS
u The power of Parliament to make law under articles 3 and 4 is plenary and traverse over all legislative subjects as are necessary for effectuating a proper reorganisation of the States.—Mullaperiyar Environmental Protection Forum v. Union of India, AIR 2006 SC 1428; (2006) 3 SCC 643.
u When there is no change of sovereignty and it is merely an adjustment of territories by the reorganization of a particular State, the administrative orders made by the Government of the erstwhile State continue to be in force and effective and binding
5. Substituted by the Constitution (Fifth Amendment) Act, 1955, w.e.f. 24-12-1955.
6. Words “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956.
7. Inserted by the Constitution (Eighteenth Amendment) Act, 1966, w.e.f. 27-8-1966.
on the successor States until and unless they are modified, changed or repudiated by the Government of the successor State.—State of Punjab v. Balbir Singh, AIR 1977 SC 629.
Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
4. (1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
COMMENTS
CASE LAWS
u The law referred to in articles 2 and 3 may alter or amend the First Schedule to the Constitution which sets out the names of the States and description of territories thereof and the Fourth Schedule allotting seats to the States in the Council of States in the Union Parliament.—Mangal Singh v. Union of India, 1967 AIR SC 944; (1967) 2 SCR 109.
PART II
CITIZENSHIP
Citizenship at the commencement of the Constitution.
5. At the commencement of this Constitution every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
COMMENTS
SECTION NOTES
u Rights conferred by Article 5 is not a fundamental right as it is subject to law made by Parliament (See Articles 10 and 11). Rights conferred by Article 5 is a statutory right conferred by the Constitution and is subject to law made by Parliament.
CASE LAWS
u Article 5 recognises only one domicile, namely, “domicile in the territory of India” .— Pradeep Jain v. Union of India, AIR 1984 SC 1420; (1984) 3 SCC 654.
u A rule debarring any person from admission on the ground of non-resident or nondomicile of that particular state can be construed to be violative of Article 14 of the Constitution. There cannot be domicile of a State in view of article 5 of the Constitution of India.—Smriti Sinha v. State of Jharkhand, AIR 2003 NOC 431 (Jhar.); 2002 (2) JLJR 353.
u Whenever any authority is called upon to decide even for the limited purpose of another law, whether a person is or is not a citizen of India, the authority must carefully examine the question in the context of the constitutional provisions and the provisions of the Citizenship Act, 1955.—Lal Babu Hussain v. Electoral Registration Officer, 1995 AIR 1189; (1995) 3 SCC 100.
Rights of citizenship of certain persons who have migrated to India from Pakistan.
6. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—
(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
Rights of citizenship of certain migrants to Pakistan.
7. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
COMMENTS
SECTION NOTES
u Provisions of Article 7 override Article 5 and Article 6.
u Rights conferred by Article 7 are not fundamental rights as they are subject to any law made by Parliament (See Articles 10 and 11).
u Right conferred by Article 7 is a statutory right conferred by the Constitution and is subject to any law made by Parliament.
CASE LAWS
u Article 7 clearly overrides Article 5. It is peremptory in its scope and makes no exception for such a case of the wife migrating to Pakistan leaving her husband in India. Even such a wife must be deemed not to be a citizen of India unless the particular facts bring her case within the proviso to article 7.—State of Bihar v. Kumar Amar Singh, AIR 1955 SC 282; (1955) 1 SCR 1259.
u Article 7 refers to migration, which has taken place between March 1, 1947, and January 26, 1950.—State of Madhya Pradesh v. Peer Mohd., AIR 1963 SC 645; (1963) SCR Supp. (1) 429.
Rights of citizenship of certain persons of Indian origin residing outside India.
8. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
COMMENTS
SECTION NOTES
u Article 8 is subject to Articles 9, 10 and 11.
u Provisions of Article 8 override Article 5.
u Rights conferred by Article 8 are not fundamental rights as they are subject to any law made by Parliament (See Articles 10 and 11).
u Right conferred by Article 8 is a statutory right conferred by the Constitution and is subject to any law made by Parliament.
Persons voluntarily acquiring citizenship of a foreign State not to be citizens. 9. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
COMMENTS
CASE LAWS
u Article 9 deals with cases of persons who have voluntarily acquired the citizenship of any foreign State and it provides that such persons shall not be deemed to be citizens of India by virtue of Article 5, 6 or 8. The acquisition of the citizenship of any foreign State to which this Article refers is acquisition made prior to the commencement, of the Constitution. — State of Madhya Pradesh v. Peer Mohd., AIR 1963 SC 645; (1963) SCR Supp. (1) 429.
u Cases of voluntary acquisition of foreign citizenship after the commencement of the Constitution have to be dealt with by the Government of India under the Citizenship Act, 1955. — Kulathil Mammu v. State of Kerala, AIR 1966 SC 1614; (1966) 3 SCR 706.
Continuance of the rights of citizenship.
10. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
Parliament to regulate the right of citizenship by law.
11. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
COMMENTS
SECTION NOTES
u Nothing in Articles 5 to 10 shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
CASE LAWS
u The scheme of the relevant Articles of Part II which deals with citizenship clearly suggests that the status of citizenship can be adversely affected by a statute made by the Parliament in exercise of its legislative powers. The sovereign legislative competence of the Parliament to deal with the topic of citizenship which is a part of Entry 17 in List I of the Seventh Schedule is very wide and not fettered by the provisions of Articles 5 to 10 of Part II of the Constitution.—Izhar Ahmad Khan v. Union of India, AIR 1962 SC 1052; (1962) SCR Supp. (3) 235.
PART III
FUNDAMENTAL RIGHTS
Part III (Articles 14 to 30 & 32) sets out the following fundamental rights: Right to Equality
u Article 14: Equality before law.
u Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
u Article 16: Equality of opportunity in matters of public employment.
u Article 17: Abolition of Untouchability.
u Article 18: Abolition of titles.
Right to Freedom
u Article 19: Protection of certain rights regarding freedom of speech, etc.
u Article 20: Protection in respect of conviction for offences.
u Article 21: Protection of life and personal liberty
u Article 21A: Right to education.
u Article 22: Protection against arrest and detention in certain cases.
Right against Exploitation
u Article 23: Prohibition of traffic in human beings and forced labour.
u Article 24: Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
u Article 25: Freedom of conscience and free profession, practice and propagation of religion.
u Article 26: Freedom to manage religious affairs.
u Article 27: Freedom as to payment of taxes for promotion of any particular religion.
u Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
u Article 29: Protection of interests of minorities.
u Article 30: Right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies
u Article 32: Remedies for enforcement of rights conferred by this Part.
The nature of Fundamental Rights differs from mere statutory rights. The Preamble of the Declaration of the Rights of Man,1789, declares them to be the natural, unalienable, and sacred rights of man. Article 1 of the said Declaration states emphatically: “Men are born and remain free and equal in rights”. The nature of Fundamental Rights was explained by the Supreme Court of America in West Virginia State Board of Education v. Barnette 319 U.S. 624 (1943) as follows:
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts…..One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. . . .”
CASE LAWS
u Fundamental Rights under the Constitution cannot be bartered away. They cannot be compromised nor can there be any estoppel against the exercise of Fundamental Rights available under the Constitution.—Nar Singh Pal v. Union of India, (2000) 3 SCC 588; AIR 2000 SCW 1141.
