Good morning all of you in the last class we had started our discussion on the Preamble we had discussed the basic things about the Preamble and we were discussing the key words which are there in the Preamble and we had discussed the concept of socialism from the examination point of
View especially from the prelims point of view now coming to another term that is there it is secular and we have this word secularism now coming to the meaning of the term secularism secularism is religious neutralism on the part of the state no state religion means there will
Be no official religion of the state there can be some other statements with respect to secularism in the prelims examination uh you can write some other statements also the state shall not concern itself the state shall not concern itself with with religious beliefs with religious beliefs practices and institutions practices and institutions
Next the state the state shall not be Associated shall not be associated with a particular religion with a particular religion next the state the state shall permit freedom of conscience freedom of conscience beliefs beliefs and religion and and religion for all its citizens for all its citizens then next the state the
State shall not discriminate shall not discriminate between the citizens between the citizens on the basis of their religious beliefs on the basis of their religious beliefs so there can be such type of statements in the prelims examination that which of the following statement or statements are correct about
Secularism not only this uh basically this concept the statements that we have written here these statements are mostly associated with the Western concept of secularism and in the Western countries there is a SE a wall of separation between the state and the ReliOn but when we talk about the Indian
Context of secularism or the dimensions of Indian secularism we have the gandhian view and the niobian view the gandhian view of secularism is of surad s that is coexistence of all the religions basically Gandhi g was talking about this concept of sarm samha in the context of India’s Freedom
Struggle that if people of all the religions they will come together then unitedly we can fight in a better way against the British that was the logic of Gandhi that is why he talked about this concept of surad samha or the coexistence of all the religions when we talk about Pandit
Neu Pandit Neu held that a secular state has got three characteristics for Pandit Neu a secular State a secular State carried three meanings carried three meanings first freedom of religion or irreligion for all freedom of religion or IR religion i r IR religion for all secondly the state shall honor the state shall
Honor all the faiths equally all the faiths equally and thirdly the state the state shall not be attached to one faith shall not be attached to One Faith or Rel religion or religion which by that act which by that act becomes the state religion becomes the state
Religion so in the examination even if the name of Pandit neheru is not there which of the following is correct regarding secularism any of the statements that we have written that can be asked because secularism is in the news and it is always in the news in the
Country so whether the student has got the basic idea about secularism or not that can be tested not only this so in a nutshell if we say that then secularism in the context of India May mean equal treatment to all the religions that is the summary equal treatment so the scholars they have
Summarized it is equal treatment to all the religion now when we talk about Indian secularism there is a legal dimension of secularism in India first of all Article 15 it prohibits the state for from discriminating among the citizens citizens on the ground of religion along with some other
Grounds so there are other grounds which have been mentioned in Article 15 but as we are discussing the concept of secularism that is why I have mentioned only religion then article 16 provides for equality of opportunity in public employment for all the citizens here also the state cannot discriminate
Among the citizens in public employment that is the job under the government on the grounds of religion and other grounds are also mentioned then articles 25 to to 28 provide for freedom of religion to all to all means all living within the territory of India to all as fundamental rights and then article
326 it provides for right to vote to all the citizens so here also it is universal adult suffrage so any person who has attained the age of 18 years irrespective of his religion Cass sex he has the right to vote so we have a legal dimension of the we can say secularism in
India so such questions can be there in the prelims examination to your understanding apart from it uh which of the following statement is correct regarding Indian secularism in India we have got positive secularism the word positive secularism is there it is not divorce from State and religion the state will provide you
Conditions and equal treatment is given to all the religions then so these are some aspects which can be there in the examination from secularism then coming to democracy democracy is a combination of two words Demus plus CIA Demus means people and CIA means rule so when we say
Democracy it is ruled by the people or rule of the people now trying to develop an understanding about the concept of democracy democracy basically has got some Dimensions first of all democracy as a form of government when we say democracy as a form of government here it will include presence of more
Than one political party then regular elections based on universal adult suffrage rights and Liberties enjoyed by the citizens freedom of press rule of the majority but yeah with constitutional recognition of minority rights now in the prelims examination there can be a question which of the following is a feature of liberal
Democracy because in the liberal countries we have got these aspects so they may not ask you this democracy as a form of government but yes which of the following is a characteristic or a feature of liberal democracy so these are the features of liberal democracy it is not multi-party system
It is presence of more than one political party because in some of the countries we have got bip party system also so you need to have a general idea about the concept of democracy in your prelim syllabus we have got a topic political systems so democracy dictatorship that is also a
Political system so P democracy dictatorship then within what is the relationship between the executive and the legislature parliamentary and presidential what is the relationship between the central government and the state government unitary and federal so this is the structure now there is another dimension or another connotation of the term
Democracy it is democracy as an ideal here we mean the substance of democracy we are talking about a Democratic Society so a Democratic Society a Democratic Society is that Society where prevails Justice Liberty and equality and equality when we talk about KL Marx Marx was of the
View that the state will be wither away so with the withering away of the state means when there will be a classless society the state will not be there and obviously if the state will not be there democracy as a form of government will no longer be there but
Marks talked about a Democratic Society where there will be Justice where there will be equality not only this in the common terms also what we say we talk about democracy as a virtue if your parents are very strict my father is a Hitler so it is a symbolic one that is
Oh your father my mother is also a Hitler so it is a symbol symbol of dictatorship that is in our family our parents they hear to no one they take arbitrary decisions we are not consulted you may have heard that a PE that the persons living in a dictatorial
In a monarchy also they use the term Democratic for their Monarch our King is democratic because he gives importance to the principles of Liberty equality he gives Justice to everyone so it is the virtue that is there apart from it there can be some other statements which will be there in the
Prelims examination with respect to democracy here you can write democracy is based on rational thinking rational thinking as as the decisions are arrived at the decisions are arrived that by discussions so rationality is the basis of democracy where in which of the countries democracy can be a failure
Where people will not behave in a rational manner they will choose their representatives on the basis of the parochial identity so there the Democracy may not survive rationality is the basis of democracy such type of statement will be there rational thinking now coming to another area from where the questions
Can be asked from democracy in the prelims examination it is the types of democracy we are discussing democracy as a political system broadly speaking in some of the countries direct democracy and indirect democracy in a direct democracy people directly participate in the process of governance whereas in indirect democracy it is rulle through
The representatives of the people it is also known as representative democracy so in India we have got this representative democracy or indirect democracy in most of the countries we have got indirect democracy we elect our representatives and after that we forget and let them work and after that again in the
Elections we elect our Representatives now here we are concerned with this direct democracy even from the prelims point of view there are four devices of direct democracy initiative referendum recall and pleite initiative is a device by which people initiate the laws to be made and it is not five people 10 people
Or 100 people they will go to the government and say it is direct democracy you make a law on this if the majority of the people wishes a law will be made on that topic initiative when we say referendum a law is made then it is referred to the people for their
Approval and if the majority of the voters they approve then only the law will be implemented just as we vote in the elections people vote that yes or no that is referendum a law is made it is referred to the people for their approval in indirect democracy what
Happens a law is made by the government it is signed by the head of the state it is notified in the gadget and it is implemented then the people come to know about it but here the law will be implemented only after the approval of the people when we say
Recall recall is a device by which the elected representatives can be called back if the majority wishes so in between the term of the representatives if the people feel that our representative is not delivering then they can pass a resolution means the majority of the voters then he can
Be called back and pite is a device by which the views of the people can be assert on an issue of political importance suppose if tomorrow the people of Jammu and Kashmir are asked that whether Jammu and Kashmir will be a part of India or not
Or if Jammu and Kashmir should be given autonomy or not such questions there we can say it it is pleite so here in case of referendum a law is made it is referred to the people here the views of the people can be a certained on question of public or
Political importance in the prelims examination easy questions can be expected which one of the following is a device of direct democracy one and two two and three only one such questions can be there then Republic you all know what is the meaning of the term republic head of the state is an elected
One he is not a hereditary Monarch that is why 26th January is celebrated as Republic Day because from that day India had become a republic we had an elected president and it was on 26th January that is in the morning of 26th January Dr rajendra Prasad had taken oath as the President
Of India that is Republic Day then coming to the other aspects from where the questions can be asked justice social economic and political now from here which of the justice is has been invis in the Preamble you see we have no legal justice social economic and political these
Three words you need to remember that the Preamble inves social economic and political justice social justice has to be achieved through articles 15 16 and some directive principles then economic Justice is to be achieved through article 39 Clauses B and C and political Justice is to be achieved through some fundamental rights and
Article 326 in the Constitution you will see two types of numbers one having capital a capital b capital c so wherever you will see capital a capital b capital c it means that these articles were not there in the origin Constitution they were added later on and they are separate articles they are
Not the part of the earlier article but whenever you see like this small B small C these are clauses of the main article so wherever it is claes small B small C now coming to the term Liberty thee Preamble talks about Liberty of thought Liberty of thought expression Bel faith and worship
Liberty of thought and expression it is mentioned in article number 19 Clause 1 sub Clause a belief faith and worship articles 25 and 26 this is the first set of questions that can be there in the examination from the Preamble with respect to Liberty that the Preamble envisages
Which types of liberty liberty of thought expression belief faith and worship there may be some other statements with respect to the understanding of the term Liberty so there you can write here as note note number one liberty means absence of restraints Liberty means absence of restraints basic
Basically this is the idea of negative Liberty that is and the classical liberals means when the liberalism was initi introduced the classical liberals basically they were of the view that the state was a necessary ail and all restriction all restraints qu restraint is an ail there should be
No rest restrictions on the freedom of the individual so Liberty is absence of restraint that is the first meaning second note number two you can write Liberty is the presence of condition presence of conditions under which an individual can enjoy his or her Freedom so through the Constitution the conditions will be
There where the individual can enjoy his freedom this is the concept of positive Liberty you see when during the Industrial Revolution this concept of negative Liberty was prevalent and under the influence of negative Liberty the states did not enact the labor legislations no economic policies were made and that is why exploitation had
Started and the industrialist they started to exploit the workers then I may have told you in the last class also that when the economic inequality became rampant then KL marks challenged the ideology of liberalism so when liberalism was challenged by KL Marx then the Liberals transform their view from this concept of negative
Liberty to the concept of positive Liberty that is the concept of a welfare state that the state will provide you the conditions where you can enjoy the freedom through the Constitution those conditions will be given now in the prelims examin ation if both these statements are there you need to
Encircle the concept of positive Liberty because in a welfare state like India we provide opportunity we provide those conditions in which the individual can enjoy the freedom it is freedom through the state negative Liberties freedom from the state the more you are away from the state the more you will be
Happier but here it is freedom through the state so in the examination if both the options are there you need to encircle the concept of positive Liberty then note number three you can write law and Liberty law and Liberty are not opposed to each other are not opposed to each other but law
Is a necessary precondition law is a necessary precondition of Liberty so such understanding based statements may also be there in the examination so it is not that in the absence of law we will be enjoying our Liberty if law is not there we will not be able to enjoy our
Freedom why otherwise it will become Matas that is the survival of the strongest so that is why there has to be law so law and Liberty are not opposed to each other such type of statements may also be there in your exam these are unplanned statements which may be there
In the so you need to have an idea and understanding so this was from this concept of Liberty then Preamble also talks about equality preamble talks about equality of a status and of opportunity equality of status has been mentioned in Article 15 and opportunity has been mentioned in article number 16
So you see that the words are here and we have got the relevant Provisions inside in the Constitution that is why the Preamble is termed as the philosophy of the Constitution that is it contains the philosophy of the Constitution then from here the most important questions will be from Liberty
Questions are often asked from Liberty a basic understanding of Liberty from Justice which of the justice has not been ens has not been enshrined in the Preamble then which articles of the Constitution aim to achieve the end of economic Justice articles 39 Clauses B
And C I will tell you again when I’ll be discussing the directive principles of State policy with you then the Preamble talks it has got another word that is fraternity fraternity is the concept of universal Brotherhood the concept of was have kumak so everywhere there was the posters of
G20 and all and everywhere it was written wasum so Wasa kumam it reflects the pream objective that is the objective of the Preamble that is to promote fraternity so in that way we need to understand this concept of was kumam it was there in the G2 so that is associated with the
Concept of fraternity so Wasa kakam is the an objective of the preamble such type of questions may be expected depending on your understanding that whether you have understood that symbol of G20 or not because it was very important event for India so from the Preamble such type of
Questions can be expected from the keywords so first part we had discussed and the keywords we can expect such understanding based questions now moving to part one of the Constitution the union and its territory uh before I proceed further uh I will tell you some questions which have been asked uh in
The previous years uh from the preamble to have an idea about it for example in 2021 there was a question that what was the exact constitutional status of India on 26th January 1950 what was the exact constitutional status of India on 26th January 1950 what was the status Sovereign Democratic
Republic so such type of question then in the same year there was another question which of the following factors constitutes the best Safeguard of Liberty in a liberal democracy a committed Judiciary centralization of powers elected government and separation of powers separation of powers committed Judiciary committed Judiciary last class
May I had told you it is a negative concept so when we say separation of powers means there should be separation of powers with checks and balances then only there will be the Liberty will be safeguarded if one of the institution it will will work against the people the
Other organ will come to the rescue understanding based questions are there based on the theory of separation of powers then uh in 2019 the question was or 2020 the Preamble of the Constitution of India in effect a part of the Constitution but has no legal effect not
A part of the Constitution and had no legal effect either part of the Constitution and has the same legal effect as any other part and d a part of the Constitution but has no legal effect independently of the other parts d a part of the Constitution but has no
Legal effect independently of the other parts that is what we had discussed in the LIC case elected represent so that is a different committed Judiciary is a negative concept this I had told you in the last class also it is a negative concept committed Judiciary here in this
Sense will mean a Judiciary Comm commed towards the government towards the government in power that is committed independent Judiciary that would have been the correct answer so there is difference between independent Judiciary and committed Judiciary committed Judiciary is a negative concept committed bureaucracy so committed bureaucracy is a positive concept you
Because the bureaucracy has to be committed to the government in power any government which is elected by the people the bureaucracy must be committed to it it is not commitment to the Constitution because in a parliamentary form of government the bureaucracy thrives under the cloak of ministerial responsibility and the people they have
Got the TR have the people have shown the trust in the government and it is the responsibility of the bureaucracy to work so committed bureaucracy is committed towards the government commitment towards the government in power otherwise the country will not run but here committed Judiciary will not be here separation of
Power so that is why you need to develop such understanding you will not be able to answer this question so that is why whether you have understood the concept of separation of powers because separation of powers has to be read along with checks and balances so yes the aspect you have to
Understand then in the uh in 2019 there was another question in the context of Po which one of the following would you accept as the most appropriate definition of Liberty it is protection against the tyranny of the political rulers second absent absence of restraint opportunity to do whatever one likes and opportunity
To develop overself fully D it is opportunity to develop s fully it is the state will provide you conditions the state will provide you opportunity for your development SL one is positive other so words will be different in the examination the words will not be there you’ll have to develop an understanding
Then uh 2018 there was another question related to Liberty which of the following state is the nicest appropriate relationship between law and Liberty if there are more laws there is less Liberty if there is no law there is no Liberty if there is Liberty laws have to
Be Obed by the people if laws are changed too often Liberty is in danger if there are no laws there is no liberty so as see here one of the implication of equality in the society is the absence of absence of privileges absence of Privileges and uh then the mind of the
Makers of the Constitution of India is reflected in which of the following preamble if you have not known is not a part of the Constitution it is the key to the open the mind of the Constitution makers that is our understanding then democracy Superior virtue lies in the fact that it calls into
Activity the intelligence and character of ordinary men and women the methods for a strengthening executive leadership a superior individual with dynamism and vision a bond of dedicated party workers options question democracy Superior virtue lies in the fact that it calls into activity first the intelligence and character of ordinary men and
Women second the method for strengthening EX executive leadership third a superior individual with dynamism and vision and fourth a bond of dedicated party workers first a superior individual dynamism and vision democracy Superior virtue democracies so here the intelligence and character of the ordinary man that is rational human beings
Rationality cover that is what I said you’ll have to deduct the things I will be telling you the key wordss rationality the intelligence rationality a person who has got intelligence as well as character so rationality is the basis such type of questions are being asked in the
Examination that is why I told you many things easy which one of the following objective is not embodied in the Preamble to the Constitution of India Liberty of thought economic liberty liberty of expression Liberty of belief is not embodied economic Liberty so Li questions that is why we get the trend
That what type of questions pyq say because the UPC has set this question paper no facts have been asked you see your basic understanding of democracy your basic understanding of Liberty that has been asked in the examination that is why I told you that even in the prelims examination you need
To go beyond lakshmikant you need to go beyond lakmi Kant then only you will compete in the prelims examination also they buy every addition of I have never read that book that is a psychic don’t the teacher knows nothing he’s asking us not to read laki student psychology suffering are professional teachers we
Feel that our students should compete really compete in the examination HS now coming to you have got an idea understanding based questions have to be there and if you can apply your presence of mind also you will be able to answer the question so try to develop an understanding from from the very
Beginning now coming to the coming to part one the union and its territory there are four articles that out of that we need to understand three articles first article one India that is bat shall be Union of States shall be Union of States now when we say shall be a union of
States here comes your first question from the prelims point of view the constitution of India describes India as the answer will be Union of States yeah so nowhere the word Federal quasi Federal Federation has been mentioned in the Constitution if the question is which of the following best
Illustrates the nature of the Indian State then quasi federal or Federation with a strong Center whatever is the option but if the constitution of India describes India as the answer will be Union of states there was a bit of controversy this year with respect to the word bat so the Constitution
Recognizes bat also as the name of India is may be confusion that is why this article is important from this year’s prelims point of view what they had done in the G20 Summit Republic of so the word bat has been recognized by the Constitution also and the constitution of India describes India as
Union of Estates now for your basic understanding uh when we talk about article number one India that is bhat shall be a union of States why not the word Federal Federation has been used in the Constitution our con Constitution makers had in mind the American system America also terms itself as a
Federation but America is the result of an agreement among 13 British colonies so and they had signed an agreement among themselves and when you sign an agreement you have the right to secede also so our constitution makers had that thing in mind that the Indian Union is
The is not the result of an agreement among the units but the idea of India was already there what had happened that the states in India were created in accordance with the law that is in accordance with the provisions mentioned in the Constitution mostly because of administrative reasons
So it is not an agreement among the unit so it does not mean that in America the states have the right to sued now earlier there were 13 states development political development takes place and gradually the central government becomes very strong history teacher it can the it caned but it is not feasible
Now originally there were 13 states now we have got 50 states in America and when Abraham Lincoln was the president president of America some of the units tried to seced Abraham Lincoln sent a message clear-cut message if you want to seced with America you’ll have to fight
War with America because now that was the question of sovereignty of America so gradually the things change but we we use the word Union of States now here you can write as note note number one the summary of Article 1 is the summary of Article 1 is India is an indestructible
Union India is an indestructible Union then not number two the territory of India the territory of India consists of the territories of the states the territories of the states union territories and such other territories as may be acquired as may be acquired so in the prelims examination three questions from article number one
Constitution of India describes India as what will be your answer Union of States then when we say summary India is an indestructible Union the states have not created the union they have no right to secede from it clear that is why the word Union of states have been mentioned
That is why when any state tries to secede with India the central government de it with iron hands you have no the states have no the units have no right to seced and then thirdly the territory of India consists of the territories of the states the union territories and
Such other territories as may be acquired but yes the two questions I told you they are important article two even if you will not read it is not that you will not comp in the examination you can omit article number two now coming to article number three article 3 authorizes the
Parliament to alter the areas or boundary or change the name of a state there is no need to mug up article 3 also you need to have a general idea no one is going to ask you what is article 3 in and in the prelims examination from article three the process of the
Creation of new state can be asked because that is the main aspect which is there in article number three you may be aware about the general lawmaking process in this country first of all when the government decides that we need to have a law then the concern
Ministry It prepares the draft of the law and the draft of the law that is the proposal for legislation is known as the bill if someone will will ask you what is a bill the bill is proposal for legislation and the draft bill is prepared after that
The draft bill is approved by the cabinet the cabinet is the highest decision making body of this country which is headed by the Prime Minister and it consists of all the cabinet rank ministers in the coming class I’ll tell you about the cabinet also some facts and after the cabinet approves the
Bill it becomes the official bill of the government of India and then the bill is introduced in the houses of the parliament and then it is passed accordingly and after getting the president’s asent the law is the bill becomes the law but when we talk about the creation of new
State here the request can be from any group it can be from the state government it can be from the people also and principally once the central government decides that we will have this state then the process will start for example suppose we need to create wither suppose V is to be created
Means Maharashtra is to be bifurcated into B and Maharashtra so it will be reorganization of Maharashtra so first of all the bill will be drafted and after the approval of the cabinet these things are not mentioned in the Constitution then after that it will not be directly presented or introduced in
The parliament first of all it will be referred to the president without the recommendation of the president the bill cannot be introduced the president will first send it to the concerned State Legislature and the state legislature will give will have to give its views within a specified time not
Consent views and after the lapse of the time frame it will be presented or introduced in the Parliament and the Parliament will have to pass the bill by a simple majority and after the president’s asent a new state will be created this is the basic understanding now some points you can write here
The draft Bill the draft bill with respect to the creation of a state with respect to creation of a state is prepared by is prepared by the department of of states the department of states in bracket you can write Ministry of Home Affairs mha Ministry of Home Affairs so this so
Exam which which of the following department is associated with framing the bill or making the bill for the creation of a new state so Ministry but which specific Department it is Department of States then next point you can write such a bill such a bill can be introduced can be
Introduced in either House of the parliament in either House of the parliament on the recommendation of the president on the recommendation of the president next the president the president must refer the bill must refer the bill first to the legislature of the concerned state legislature of the concerned state for expressing its
Views for expressing its views within a specified time within a specified time underline views next after the lapse of the time frame after the lapse of the time frame it is assumed that it is assumed that the state has given its views next after that after that the bill is to be
Introduced is to be introduced in the parliament parliament mean either House of the parliament next in the parliament in the parliament even if the bill under goes even if the bill under goes even if the bill under goes a large change in content a large change in content it may not be referred
Again it may not be referred again to the state to the concerned state so suppose in the original bill that was referred to the Maharashtra State Legislative Assembly it was mentioned that 15 districts will be carved out and wither will be created but when it is presented in the parliament the
Parliament amends it that 18 districts will be taken from Maharashtra and B will be created so this bill may not be referred to the state legislature again that is what we have written then next the part Parliament is not bound the parliament is not bound by the views of the state
Legislature the parliament is not bound by the views of the state legislature next the parliament has to pass the bill by a simple majority the parliament has to pass the bill by a simple majority and after getting the president’s Ascent after getting the president’s ascent a new state is
Created a new state is created so this is the process category it is not a category a category was Preble it is B category topic so sometimes suppose in the year in which you will be appearing in the examination if a demand for a new state
Is going on then the question can be asked from here article number one is a category was a because there was a controversy with respect toat you are trying to change everything in India so India so there was lot of rumor in this country also now the bat will be
Official name there will be nothing called India then word so that is why article one may be important otherwise the state formation they may not ask now here you can write as note n the summary of article 3 is the summary of article 3 is the states in India are destructible
The states in India are destructible then note number two the summary of Articles 1 and three the summary of Articles 1 and three India is an indestructible Union India is an indestructible un Union with destructible states with destructible States so the union is indestructible but the states are destructive so
Article 1 and three this is the summary no one time only a bill basically is generally prepared so in principle first of all the draft of the bill is prepared then there is approval of the cabinet after that the bill is presented in the Parliament that
Was a general idea I gave but here in this case uh after the approval of the parliament uh sorry the cabinet the cab it is not written in the rule we can say the Constitution so after that what happens that Constitution how it starts that such a bill can be introduced in
Either House of the parliament with the prior recommendation of the president then L president will recommend when before recommend in it the the the president will send it to the concerned State legisl directly then the president will say it will be introduced now so this is the process that need to be followed
Yeah now coming to article number four Article 4 Clause one dep the recommendation of the president will be required and the president before it is not mentioned in the Constitution so basically so here the president first of all he will be sending the a lawyer Paradise it is very difficult for you to
Understand each don’t try to read it word by word he basically here what will happen that it has to be introduced in the parliament either House of the parliament on the recommendation of the president but before recomend Before the bill is introduced here in between this happens in between this
Happens now coming to article number four article four clause one holds that holds that holds h o DS holds that a law under article two or article three under Article 2 or article three shall contain shall contain the provisions Provisions for the amendment of the first schedule the amendment of the first
Schedule and the fourth schedule and the fourth schedule as may be necessary as May Beary if a new state is created under article 3 then there will be an amendment in article in schedule number one and schedule number four this is the summary Article 4 Clause 1 is
Mentioned suppose if a new state is created suppose V has been created so in schedule number one there will be an amendment and the name of B will be written here bther will be written here then in schedule number four the representation of the states in the rajas saaba has been mentioned here
Also there will be an amendment the representation of Maharashtra will change here and here a new addition will be with a new addition will be with so in article 4 Clause one it is written that a bill which will be introduced for the creation of a new
State will have such provisions for the amendment of schedule number one and schedule number four so it will be an automatic one then here you can write article 4 Clause 2 holds that article 4 Clause 2 holds that no such law or a law a law made made as per Article 4 Clause
1 holds that a law made under Article 4 Clause 1 not to be considered not to be deemed or considered as an Amendment of the Constitution as an Amendment of the Constitution for the purposes of article 368 for the purposes of article 368 so you see when we talk about an
Amendment is BU what is written in the Constitution try to develop an understanding in your mother tongue so basically such type of statements will be there and here if you see it is an amendment to the Constitution it is an amendment to the Constitution because what you have done you have written the
Name of a state in schedule number one here schedule 4 has also been amended so it is an amendment to the Constitution but in article 4 Clause 2 it has been mentioned that any law which is made under Article 2 or article 3 that is new
State is created and if changes are made in schedule number one and schedule number four they are not to be considered as an amendment for the purposes of article 368 it means the process which is mentioned in article 368 of the Constitution will not be used here it will be an automatic
Amendment a new state will be created that reorganization bill will be passed automatically the names will be added here and the changes will be here there will be no separate procedure that will be required so it means that it is an ordinary bill it will be passed in the
Form of an ordinary Bill even though it is an amendment to the Constitution so such type of questions can be asked in the examination that which of the following is not to be considered as an Amendment of the Constitution under article 368 creation of a new state or amendment in schedule number
One and schedule number four after the creation of a new state no doubt it is an amendment but it will be an automatic Amendment separate bill is not to be passed in the parliament under article 368 you now when we talk about the dynamic aspect of part one of the
Constitution when the constituent assembly was enacting the Constitution then they basically put the names of the state in schedule number one in the form of four groups or four categories a b c and d but at that point of time the merger of the princely States was taking
Place and uh there was a general agreement in the constituent assembly that these four categories of States they should not be the final one you should think of reorganization of the states as soon as possible because there was uneven development there was linguistic concerns in some of the princely states
Two or three languages were spoken so it was held that it should be a temporary one you explore the possibility of the reorganization of the states then the government started exploring that whether the state should be organized on the basis of language or not and it constituted some a commission
And a committee from the point of view that can be important heading you can write linguistic reorganization of the states linguistic reorganization of the states 1948 dur Commission Justice D was a judge of alahabad high court and a commission was set up so here you can write D commission to examine the case
For to examine the case for the reorganization of the states the the reorganization of the states on linguistic basis on linguistic basis full stop the commission the commission favored reorganization of the states favored reorganization of the states on the basis of administrative convenience administrative convenience rather than rather than linguistic considerations
Other than rather than linguistic consideration commission linguistic reorganization of the states then in the same year that is in 1948 only the Congress constituted a committee of its own members popular as the jvp committee J for very good V for and P for p soit Sardar Patel
Anday jvp committee so this was a committee of the Congress and it was to look into or to examine the issue of the reorganization of the states on linguistic basis this jbp committee also rejected the idea of linguistic States but uh as the politicians say these people also said that the
Matter can be looked into if the demand comes and the demand came in 1953 and in 1953 in the telu speaking areas of Madras State there was a hunger strike by Shamu he went for a hunger strike for 56 days and demanded a separate State on
The basis of language that is Telugu in the state of Madras he died but the central government succumbed to the pressure of the death of Shir ramulu and in 1953 Andra was created as the first linguistic state not Andra Pradesh Andra so Andra was created as the first
Linguistic state after that all the St states started demanding that we are we should also be reorganized on the basis of language so in December 1953 the central government it appointed the state reorganization Commission State reorganization Commission it was headed by Justice fuzel Ali that is why it is also known as the
Fuz Ali Commission and it consisted of the other members C paniker and hn kjo it was the states reorganization commission headed by fuz Ali which had recommended the linguistic reorganization of the states so the fuzel Ali commission the this commission recommended recommended to do away with to do away with the fourfold
Classification to do away with the four-fold classification to do away with to do away with the four-fold classification of the states as provided in the original Constitution as provided in the original Constitution and recommended and recommended the reorganization of the states and recommended the reorganization of the states on the basis of
Language on the basis of language as well as administrative convenience as well as administrative convenience after that in 1956 the state’s reorganization act came into force and it provided for 14 States and six union territories you can write the name of the states the states reorganization act 1956 1956
Provided for 14 States and six union territories how many of you belong to the states which were created in 1956 you belong to which state you are from odisa okay you are from biar okay so only two states I said 14 States you may not be aware about it
Also but you need to know you can write the name Andra Pradesh bear Bombay Jammu and Kashmir Kerala MP madha Pradesh Madras mesur orisa Punjab up West Bengal and Rajasthan 14 13 Assam Assam I were talking about 1956 changes Bombay is no longer there Mumbai capital state BB H
Now coming to the union territories six union territories were there Andaman and nicobar Islands Andaman and nicobar Islands Delhi Himachal Pradesh tripura Manipur laa minoy and Ami Islands and Ami Islands AK this was original one now what you will have to do is that one thing that
You need to do uh you need to remember the name of the states in chronological order especially the northeastern states and in the examination what what type of question can be this here there will be the name of four Northeastern states you will have to arrange them in the chronological order of their
Creation your keyword will be Assam Assam the first one so if Assam is the first option in we can say two of the options then you can eliminate you need to know one the list is there now coming to to part two of The Constitution that is
Citizenship if I ask you who live in the state so what you will say itens you have not seen foreigners here in kba the individuals live in the state two types of individuals that live in the state the citizens and aliens aliens means the foreigners of friendly States and of enemy
States no country is an enemy country during peace time only when we are at war with that country that country will be termed as an enemy country so no country is India’s enemy country now when officially we will be at war with the country that country will be termed as an enemy
Country Now the next question continu I have told you now the next question before us is who is a citizen a citizen is an individual who enjoys full membership of a political community that is he or she enjoys all the legal and political rights so it is associated with the rights full
Membership of the political Community which of the following statement is correct regarding the uh we can say regarding a citizen so he will be enjoying all the legal and political rights now the question before us is which rights are exclusively enjoyed by the citizens of India first right against discrimination Article 15
Then right to equality of opportunity in public employment article 16 then six Democratic freedoms under Article 19 Clause 1 the right to freedom of speech and expression right to assemble right to Association right to move freely throughout the territory of India right to reside and settle down in any part of
The country and right to have an occupation these six Democratic freedoms are exclusively enjoyed by the citizens of India then cultural and educational rights articles 29 and 30 these are also known as minority rights then right to vote article 326 then right to hold constitutional offices under various
Provisions beginning from The Office of the President what is the qualification must be the citizen of India judges CAG so that is what we have right to hold con under various Provisions now from here two questions can be asked in the examination one which of the fundamental rights are exclusively enjoyed by the
Citizens these are the fundamental rights which are exclusively enjoyed by the citizens then if the question is which of the rights then you can encircle it but if it is fundamental rights then right to vote will not be encircled here only these rights then
You will ask me that sir if a list is there in the Constitution no wherever the word citizen has been mentioned it means it is available only to the citizens you see what is mentioned in Article 15 the state shall not discriminate against the citizens against citizen not only this In
Articles 29 it is mentioned any section of the citizens of India any section of the citizen that is why we say that the minority rights are available only to the citizens of India so here everywhere you’ll find citizen even in Article 19 Clause one every citizen shall have the right so that is
Our keyword so from there we have deducted it that which of the rights are exclusively enjoyed by the citizens rest all the rights are enjoyed even by the foreigners who are living in the territory of India right to life right to property sorry right right to
Property then in fact if you say your right to personal Liberty then apart from it right to freedom of religion everyone who is living in the territory of India will be enjoying that right now when we talk about the constitution of India no elaborate Provisions with respect to citizenship and broadly three things
Have been said in the Constitution that is a summary of part two of The Constitution to maintain continuity you can write heading will be constitutional Provisions with respect to citizenship constitutional Provisions with respect to citizenship here you can write the Constitution has the Constitution has no elabor at Provisions has no elaborate
Provisions with respect to citizenship P the Constitution from articles 5 to 11 Constitution from articles 5 to 11 contains mainly three points contains mainly three points first who at the commencement of the Constitution to be the citizen of India the word the shall the assembly had written
Shall so who on the commencement of the Constitution to be the citizen of India two things have been written here by domicile and by Migration by migration domicile has been mentioned in article number five and migration has been mentioned in article number six so if we Analyze This by
Domicile we we are talking about 26th of November 1949 that is the date of the because article 5ifth came into force from that day only so who was a citizen of India on that day domicide a person who was residing in India at that point of time or if a
Person who one or both the parents are born in India and third a person who has been living in India 5 years before we can say the commencement of the Constitution the Anglo Indians they come under that category because the Anglo Indians were living in India 5 years prior to that
They lived in India they did not go back to their own country so these are the three conditions of domicile if you wish you can write it first who was born in the territory of India who was born in the territory of India second either of whose parents either of whose
Parents was born was born in the territory of India and a person and a person who had been ordinarily residing ordinarily residing in India for at least 5 years ordinar residing in India for at least 5 years before commencement of the Constitution before the commencement of the Constitution so the Anglo Indians
Basically come under this category con H wait British India now when we say migration migration easy common sensual thing you can apply what we can write here migration who will be an Indian indan by migration those who had migrated to India from the territory which is now in
Pakistan so it’s a descriptive questions will not be asked just an idea I wanted to give you because minimum knowledge is required then this is the first thing that our constitution says then secondly it prohibits du nationality that is a person that is an Indian citizen cannot have the citizenship of another
Country along with the Indian citizenship and thirdly article 11 article 11 authorizes the parliament article 11 authorizes the parliament to make any provision to make any provision with respect to with respect to the acquisition the acquisition and termination of and termination of citizenship and all other matters and all other matters relating to
Citizenship because Constitution has no elaborate Provisions it is silent on how a person can become an Indian citizen after the commencement of the Constitution and the other aspect so that is why article 11 has authorized the parliament to make laws so when the parliament was authorized by the Constitution what the
Parliament did the parliament passed the citizenship act 1955 which has been amended from time to time so you can write it the accordingly the parliament passed the citizenship act 1955 which has been amended from time to time next according to the citizen ship act 1955 as amended in 1986 and
1992 there are five modes of acquiring Indian citizenship by birth by desent by registration by naturalization and by incorporation of a new territory by incorporation of a new territory details will not be asked I’ll just give you an understanding by birth a person born in
India and at the time of his or her birth one or both the parents are Indian citizens so born in India and one or both the parents are Indian citizens at the time of birth here parentage Clause is important it is not only born in India one or both
The parents are Indian citizens then only the person will be an Indian citizen by birth I think most of us are Indian citizen by birth it is it has got a Latin nomenclature just solely law of soil law of soil then decent person born outside India and one or both the parents Indian
Citizens at the time of birth it has got a Latin nomenclature just sanguin just sanguin is law of blood law of blood so it is to protect the interest of the Indians who are born outside India law that is just sanguin s n g u i n e sanguin then certain categories of
People can can apply for Indian citizenship by registration like the persons of Indian origin pios then person married to Indian citizen person married to to Indian Citizen and thirdly minor children of Indian parents minor children of Indian parents now here these categories of people will have to fulfill the
Residential qualification of living in India for five consecutive years five consecutive years will not mean 365 days 90 days per calendar year so if these categories of people fulfill that residential qualification they can apply for Indian citizenship and anyone not falling under categories 1 2 and three can apply for Indian citizenship by
Naturalization means anyone in the globe means in the world can apply the those who will not be falling into these three categories can apply for Indian citizenship by naturalization they will have to live in India for 12 years that is natur the condition for naturalization then only
They can apply for the citizenship of India and here by incorporation of a new territory when a new territory is acquired its people are offered uh Indian citizenship if they accept it then the government of India is bound to give them citizenship but if they will not accept it then the government of
India will not be giving them citizenship for example when puducheri became a part of India its people were offered Indian citizenship many of them did not accept the Indian citizenship so we did not give them Indian citizenship when sikim became a part of India the citizenship was
Offered to all the people of C of sikim and all of them accepted Indian citizenship and it was given to all of them we have got an agreement in we can say pucher with respect to the French citizens and the French government gives economic benefits to the French citizens
Who live in the diaspora and you all know that vitamin m is the most important vitam so in order to get that vitamin M from France they did not accept the Indian citizenship they vote even today and we have got represent they have got representative in the French senate for
The overseas citizens so the overseas citizens of France who are living outside they vote to elect their representative in the Senate so that their rights will be protected in fact then obviously you can go for registration now here uh here there is a rule uh for citizenship by descent if a kid is
Born if a child is born then within two years he has to be registered in the Indian Embassy that is why I did not tell you so his name has to be registered in the Indian Embassy so that formalities will be complete this is for your knowledge only questions will not be asked
Uh then only you can apply here fulfilling the residential qualification of living in India will make a person eligible to apply whether to give or not to give citizen is the perogative of the central government because citizenship is under the union list you can only apply but here in case of
By incorporation of a new territory if a citizenship is offered and the person accept the Indian citizenship the government of India is bound to give Indian citizenship our citizenship can also be lost renunciation by termination and by deprivation renunciation voluntarily surrendering the citizenship of India on acquiring the citizenship of another country that
Is we can say renunciation then if a person if he acquires the citizenship of another country but he will not voluntarily surrender the Indian citizenship and if the government of India comes to know about it it will be termination then termination and deprivation can seem to be the same
Thing to terminate the citizenship of which means you are depriving but in the citizenship act 1955 there has been specific grounds of deprivation which has been mentioned first if a person has acquired the certificate of registration or naturalization by fraud or by concealment of facts it is not for us
The first one so it is for those who have acquired the Indian citizenship by forging certain documents so they have acquired the certificate of registration on naturalization by fraud or by concealment of act that can be one of the grounds second ground if a person within acquiring within five
Years of acquiring the Indian citizenship has been convicted for at least two years of imprisonment by any Court by any court so conviction for 2 years or more within 5 years of acquiring the citizenship it is also not for us or third if a person during a war in which India was
Engaged had illegally communicated with the Enemy had illegally communicated with the Enemy it is the highest criminal offense you have conspired against the country it is valid for all of yes it is valid for all of us then I’m telling you the exact words which have been mentioned in the citizenship
Act and the fourth one is if a person has been ordinarily living outside India for seven years seven years and during these seven years he was never a student in any educational institution nor employed under the government of India or in any organization of which India was a
Member will go to any non-state actors and I am working there it’s not like that recognized by the government of India or under the government of India because your records will be there that these students are reading here these people are working in these these institutions so then or if a
Person has not shown his uh intention of coming back to India and to retain his Indian citizenship some people go for their personal reason the relatives may be there or they may have gone for a long treatment for such person who do not fall in the two categories that is
Student category or employment category they will have to visit the Indian Consulate every year and they will have to fill up a declaration form that I wish to go back to India and retain my Indian citizenship as soon as my obligation is over here I am residing
At this address if a person has not done it for seven long years then this can be a ground of deprivation because logically in some of the countries we have the law that you can be you can become the citizen of that country country if you live in that country for
Seven years or 5 years so it may be that you have acquired the citizenship of that country that is why you have not signed you are not fulfilling the filling the Declaration exam yes it is only for the continuity I told you because there is a minimum knowledge that is required
Mechanical now another thing that you need to know it is the dual citizenship for the oci card holders some of you may be thinking that the teacher when he had started the discussion on citizenship he had said that there is no dual citizenship in India but now he has written a heading
Here dual citizenship for the oci card holders you see it has nothing to do with the technical meaning of the term citizen it is an economic term and basically this concept came in 2003 to oo the investments in India because before that no concrete efforts were taken as there was political
Instability going on in the country the prime ministers used to come and go and when see atal bihari bajp became the Prime Minister for the third term he was the Indian Prime Minister first for 13 days 13 months and then for the third time when he came and
When he was confident that he will complete the full term then he started thinking about Economic Development how to O the investor was a big challenge that is why the process has started with oing the persons of Indian origin who are the persons of Indian origin their their ancestors were
Indians and many pios were doing well in the economic field in the world so there was a emotional touch with them so that is why the government of India felt that we should owe them and that is why this concept of dual citizenship cameon the concept of this dual
Citizenship came so it started in 2003 some facts you can write here the citizenship Amendment act 2003 provided for dual citizenship dual citizenship for for the pios the pios living in 16 countries living in 16 countries that was when bajp was there and a person who wish to acquire the
Dual citizenship of India there is a pios of 16 countries they had to buy a Pio card paying $100 I am talking about that time in 2003 means you’ll have to purchase the dual citizenship of India and they were given some economic rights come to India without Visa invest
Directly in projects in India buy property in India except agriculture land and uh we can say the farm lands but no political rights to them when Dr Manmohan Singh became the Prime Minister there was demand from the ois overseas citizens of India the difference between pios and ois pios their ancestors had settled
Abroad Generations back you may have heard the name of some West Indian cricketers Sunil Naran ESF Chandra ESF Indians so persons of Indian origin not only this the persons of Indian origin are settled in macius and they are holding the post we can say they have become the
Parliamentarians there were and s s sagaram gulam was a person of Indian origin if you go to Patna he was he h from Bihar there a statue of Sir s Sagar Ram gulam near the exhibition road that is near Gandhi Manan so pios persons of Indian origin
Ois ois are those who have settled abroad but their family members may still be living in India their parents their brothers their sisters may still be living in India ocii so that group of people started requesting for the dual citizenship so an amendment was made here second point you can write the
Citizenship Amendment act to 2005 provided for dual citizenship dual citizenship for the pios and the ois across the globe pios and ois across the globe means the 16 countries cap was removed anyone can apply so there were two cards Pio card and oci card when she Narendra Modi became the prime minister
Of India these cards were merged the Pio card was card scheme was withdrawn and it has been merged with the oci card scheme in 2015 in 2015 the Pio card scheme the Pio card scheme was merged with was merged with the oci card scheme was merged with the oci card
Scheme so now there is only one term of pio term is also not there officially the definition is that of oci card holder in the citizenship act it is oci card holder so what are the rights of an oci card holder an oci card holder oci card holder can come to India without
Visa can come to India without Visa in you can write multiple entries multiple entries then secondly he can buy property in India he can buy property in India except agricultural land except agricultural land and farmland farmland is the area where the cattle graze Chara then they can invest directly in projects in
India they can invest directly in projects in India but they have no political rights they have no political rights and cannot hold office and cannot hold office in defense services in defense services so they can be consulted in the Civil jobs uh but they cannot be even consultants in the defense Services then
Not only this now here you can write as note the citizens of Pakistan the citizens of Pakistan Bangladesh and any other country and any other country as may be notified as may be notified by the government of India by the government of India from time to time cannot apply cannot
Apply for the dual citizenship of India cannot apply for the dual citizenship of of India now if we talk about Pakistan and Bangladesh everyone will be a pi or yes everyone will be there is a so here Pakistan it is written in the Act only that Pak the citizens of Pakistan and Bangladesh
Cannot apply and any other country is notified by India taking into consideration of our national interest the decision can be made by the government of India in this regard then there is another citizenship Amendment act which has again been in the news and uh that is the citizenship Amendment act 2019
Citizenship Amendment act 2019 you all may have heard about this act uh it was not asked in any of the it has not been ask in any of the examination till date but uh again uh the issue is there with respect to the implementation of this citizenship
Amendment act 2019 so some basic things may be asked in the examination uh you can write it the act the ACT seeks to give seeks to give Fast Track citizenship Fast Track citizen ship to the Hindus six Buddhists Jans Christians and parses who have illegally migrated who have illegally migrated to India from
Pakistan Bangladesh and Afghanistan Afghanistan P the cut of date the cut of date was kept as 31st December 2014 means a person belonging to these communities who have come to India uh before this date that is 31st December 2014 can be eligible for the fast track citizenship of India what is this FASTT
Track citizenship they can be they will be given citizenship within 6 years 6 years normally under naturalization it is 12 years but they will be given citizenship within 6 years there has been lot of human and cry here and there the matter was had gone to the Supreme Court also but the
Supreme Court denied to put uh stay on the citizenship act the citizenship act uh has been passed by the parliament way back in 2019 but it has not been implemented yet the reason being that after a law is made by the parliament the rules and procedures have to be prescribed by the
Government of India that is how this particular law will be implemented so as that rules and procedures were not prescribed by the government of India that is why it was not implemented but again it was in the news uh last month only and this month when our home
Minister said that before the elections we are going to implement the citizenship Amendment act 2019 that is why it was in the news so which of the following communities are covered under the citizenship Amendment act 2019 such type of questions may be there in the examination so these were the things
That we needed to discuss especially from the prelims point of view in part one and part two these are b-g topics means just you need to see and just you need to go then the topic which is more important for us that is part third of the Constitution we’ll be starting it in
Our next session we’ll stop here for a brief break of 30 minutes for our online students uh we were on a break so we started the session a minute back and we had started our discussion on the fundamental rights and therein we had introduced the concept of Rights and
We were disc we had discussed that rights are the claims of an individual on an authority rights are not privileges they are the claims they are the legal things and this is the legal dimension of Rights this is the moral dimension of rights that rights are those condition
Of social life without which no individual can be at his or her best self so the summary is rights are needed for the development of an individual’s personality such type of statements may be there in your examination now going to the roots of the fundamental rights the roots are there in the
Concept of Human Rights because human rights are considered as basic rights you see there are two words here man and human man is a biological animal and when we say human is a sociological entity suppose if you throw a food towards an animal that animal will have that
Food it will not ask the doggy will not ask you that please you should treat me well neighbor you throw a chapati towards a cow and the cow will have that but suppose if someone will throw a chapati at you hey have it or even if you’re given a packet of
Biscuit hey have it what do you say please treat me like a human being I’m not a doggy or I’m not an animal so basically what you want you want a dignified life you want to be treated with dignity that is the concept of human
Rights that is not to be treated like a biological animal like a sociological entity now here so going by the easiest definition the simplest definition of Human Rights human rights are those rights which are considered essential for a dignified human existence a dignified human existence now going by the roots of the human
Rights the human rights have its root in the theory of natural rights and uh the classical liberals especially if you talk about the English philosopher John L John Lock talked about the concept of natural rights and John Lock talked about three natural rights right to life right to Liberty and right to
Property these rights basically were considered as natural rights right and it was held that these rights have not been given to an individual by any state or by any individual these cons these rights were considered as absolute rights so it was held that these rights are there with the individuals because
They are born as human beings no individual no state has given these rights to them and that is why no one has the right to take back these rights from the individual the state has recognized these rights the state has not given these rights these rights were also considered as inalienable rights inalienable
Rights now the argument that was put forward here was that you cannot alienate a tree from its rights to have flowers leaves and fruit without CH without ending its existence you cannot similarly these rights are inalienable you cannot take these rights from an individual under L you will not end the
Existence of that particular individual so the concept of human rights has its roots in the theory of the natural rights no theories of human right was evolved as such but the concern of Human Rights was felt during the second World War Two incidents had taken place one
The mass killing of the Jews by the forces of Hitler and secondly the atom bomb on Hiroshima and nagasa it shattered the humanity at large and the world commun started thinking that if the human beings are to be treated like animals that is why after the second world war the efforts were
Taken to stop the future Wars and the United Nations organization was created the charter of the UN says that is objective was to stop the future Wars but as far as the understanding goes it wants to protect it aims to protect the human rights of the people
Across the globe why because war is the greatest violation of Human Rights War leads to loss of life loss of property people become refugees children become orphans women become widows what else we want so and as the organization talks about stopping the future Wars we can say that the objective of the United
Nations was to protect the human rights of the people but in the charter of the United Nations there was no we can say description of the human rights of of the people the efforts continued and it was on 10th December 1948 that the world Community it adopted the universal Declaration of Human
Rights and in that document udhr the human rights of the people across the globe has been mentioned those human rights which have been included in the Indian constitution under part third they have been termed as fundamental rights so some points you can write here the UN General Assembly the UN General Assembly adopted
The universal declaration the universal Declaration of Human Rights on 10th December 1948 this day is observed as this day is OB observed as international human rights day international human rights day the udhr is the source of is the source of human rights in the world is the source of human rights in the
World even in the interviews if you are asked this question that which document or what is the source of human rights in the world the answer will be Universal Declaration of Human Rights because it is the document where the human rights have been codified it it consists of a preamble and 30
Articles 30 articles now what you can do is that you can uh Google Universal Declaration of Human Rights and there is an official website of the udhr udhr org so you can just have a glance that what are your human rights so that in examination if the question is which one of the
Following is a human right so you will have an idea that okay these are our human rights questions may be expected in the examination then next point you can write these human rights these human rights are not binding are not binding on the countries on the countries but it is
Expected but it is expected that a democratic country that a democratic country should incorporate as many human rights as it can as many human rights as it can in its law in its law Full Stop Those human rights those human rights which have been Incorporated which have been
Incorporated in part third of the Indian constitution in part third of the Indian Constitution are termed as fundamental rights are termed as fundamental rights P stop here you can write as note n o te the Preamble The Preamble and part four of the Constitution part four of the
Constitution that is dired principles of State policy also contain also contain the human rights also contain the human rights so in the prelims examination such statements will be there or question will be there that in which part of the Constitution the human rights have been mentioned so part third then Preamble
Because Preamble says equality of a status and of opportunity then Liberty of thought expression belief faith and worship these are our human rights so in the Preamble also the human rights have been mentioned then in the directive principles of State policy equal pay for equal work for both men and women
To work human conditions of work laser the the directive principles of State policy so such qu such question and we have not Incorporated all the human rights also but yes now in this year main exam sorry prelims examination there can be a question which of the following is uh of human
Right right to marry and have a family is a human right but it is not a fundamental right earlier two years earlier the Supreme Court had said that it is a fundamental right but there was lot of confusion and people went to the court for samx marriage then Court
Said right to marriage is not a fundamental right under article 21 we taught that AB say will not be teaching that because the supreme court judgment is right to marriage is not a part of the article 21 it is not a fundamental right earlier it was termed as an inferred
Right now this was a brief introduction from here the the questions can be which one of the following is a human right and then which of which parts of the Constitution contain the human rights now coming to the next aspect nature of fundamental rights first of all the fundamental rights are
Enforceable or Justice aable everyone who is preparing for any examination in the country knows it that if the fundamental rights are violated one can go to the court including the highest court of the country that is the Supreme Court the fundamental rights are negative obligations on the part of the state
As most of the fundamental rights are negatively worded I have not written they are negative right negative obligations on the part of the state as most of the fundamental rights are negatively worded you see when we say obligations positive obligations and negative obligations it is all about
Words if I say please maintain silence in the class it is your positive obligation you what you will say amongst yourself let us be silent in the class let us be silent in the class so then if I say don’t disturb the class it is negative obligation we should not disturb that we
Should not similarly if you talk about The Words which have been used in the fundamental rights most of them are negatively worded the state shall not discriminate the what the state shall not do so the state shall not discriminate what the state is not supposed to do so most of the
Fundamental rights they are negatively worded that is why negative obligations then these are not absolute but restricted rights why because unrestricted Freedom may lead to chaos and Anarchy freedoms cannot be absolute and when we talk about Freedom it is said my Liberty to extend my arms ends where the other person’s nose
Begins My Liberty to extend my arms ends where the other person’s knows begins freedoms cannot be absolute and that is why there can be reasonable restrictions on the fundamental rights so fundamental rights absolute it is not like that and only some of your fundamental rights are there which are absolute one there can
Be no restrictions on them even your right to life right to personal Liberty is not absolute the court will say hang till death hang till death and your right to life will be taken then shoot at shoot at site orders are given your right to life can be taken so what our
Constitution says no one to be deprived of his right to life and personal Liberty except according to the procedure established by law means it is not absolute it can be taken then even some people say that right to religion is absolute but the first sentence in article 25 is subject to public order
Morality and health subject to it it means there can be restrictions on these ground but some of the fundamental rights they are absolute in nature but before that what can be the general grounds of reasonable restrictions on the fundamental rights first in the interest of the sovereignty and integrity of India
Then in the interest of security of the country then in the interest of the weaker sections of the society weaker sections will include children women schedule cast schedule tribes people with disability then to maintain public order decency and morality then contempt of quot and defamation information is character assassination
Man so these are the general grounds specific grounds are also there on which the fundamental rights can be taken that I will be telling you when I’ll be discussing with you the specific fundamental rights that this right can be restricted on these grounds so the in
In the mcqs if the question is asked only those aspects have to be written it is a general one so if a general question is asked that on which of the following grounds there can be reasonable restrictions on the fundamental rights so these are the general
Grounds I had said that some of the fundamental rights are absolute rights means there can be no restrictions on them under any circumstance they are known as absolute rights absolute fundamental rights first right against untouchability article 17 right to education article 21A then prohibition of employment of children below 14 years of
Age in hazardous occupations article 24 under no circumstances a child below the age of 14 years will be employed in mines or factories or any other hazardous occupation under no circumstance you are supposed to practice untouchability in untouchability has not been defined in the Constitution or any statute it is it
Is a typical practice of the Hindu social order that is to it is a that is to socially exclude certain of the society untouchability so it has not to cumstance and if a child from 6 to 14 years of age wishes to take admission in
The schools he should not be denied in a government school so all your fundamental rights they have gots then when we talk about the topic of fundamental rights in this topic fundamental rights as well as in the directive principles of State policy the word state has been used the state shall not
Discriminate the state shall not deny or the state shall strive in part four so combinedly here I will tell you a smart work we will be doing that what will be the meaning of the term state in part third as well as in part four definition of State
This definition of state has been mentioned in article number 12 of The Constitution so here you can write article 12 article 12 has defined the state has defined the state for the purpose of for the purpose of part third of the Constitution full stop the expression State includes the government and Parliament of
India the government and Parliament of India the government and legislature of each state means your state Council of ministers as well as your State Legislature and thirdly all local or other authority all local or other authority within the control of within the control of or within the territory of India we
Can write or within other authority within the territory of India or under the control of the government of India so means any government Authority from the president of India till the PN of a payti Raj institution in His official capacity will be considered as the state now a basic
Question that is asked generally asked is uh whether the Judiciary will come under under Authority or not because you see here the word Authority is there so where the Judiciary will come under the definition of the state or not here when the Judiciary discharges its judicial functions then it will not come under
The definition of State because you see the government of India takes the decision it is challenged in the Supreme Court it is versus Union of India so here the Judiciary will not be a state it is fighting a case it is looking into a case against the government of India
Against the state then the parliament passes a law for example you see the chief election commissioner the election commissioner Services act has been passed so it has been challenged in the Supreme Court so here the it is looking into an act passed by the parliament of
India so in this case here the Judiciary will not be a part of the state but while discharging its administrative functions the Judiciary will be a state for example there are officers in the Supreme Court like the registar there are other officials and servants we call them like the stenographers and many
Other officers are there there if any uh Injustice is done to them legal Injustice in promotion or we can say in the recruitment process the case can be filed against the Judiciary itself so while discharging the administrative functions for example the employees who are working in the Supreme Court if they
Have any problems with respect to promotion they can get go to the court against the Supreme Court itself or against the high court itself that Injustice is being done so at that point of time they the Judiciary will not be the state so while discharging the judicial function it will not be the
State while discharging the administrative functions it will be part of the state it will come under this Authority so such students get confused sir whether Judiciary will come under the state or not because it is not mentioned here government of India and Parliament of India the government and
Legislature of each state and here the word is Authority so in a lay man’s term the government of and not only this what is we have written under the control of the government of India even if a government of India Enterprise is working outside India we have the Indian
Embassies we have Omi vies so they will also come under the definition of the state because because they are working under the they are under the control of the government of India all the psus they will come under the definition of government of India or we can say the
State so question practice nature of fundamental rights one question you need to practice like this human rights what are the questions which have been asked with respect to Human Rights what are the questions which have been asked from the nature of fundament FAL rights one question then judicial review and fundamental
Rights two words are there one is judicial review other one is the fundamental right judicial review is the power of the Judiciary to review a legislative action or a decision of the executive and to declare it as void if it is inconsistent with the provisions of the Constitution or
Law now from here what we deduct is that judicial review is against the legislative action means a law made by the legislature as well as a decision of the executive so it the general perception is a law made by the parliament it will be reviewed by the Judiciary it will be
Termed as a judicial review no even if the executive has taken a decision and if it is reviewed by the Judiciary it will be termed as judicial review for example if an appointment has been made of a CBI director and that is reviewed by the Supreme Court it will be judicial
Review so such type of questions can be there in the prelims examination that judicial review is against both a legis we can say a law made by the legislature as well as a decision of the executive this concept of judicial review it evolved in the US it evolved in the US
And it was in 1803 in the marber versus medicine case in the marber versus medicine case now what had happened that in 1789 the US Congress had passed the judicial Act and it was challenged in the Supreme Court and in the marbar versus medicine case 1803 the judicial act which was passed
By the US Congress was declared as null and void so it is not mentioned in the US Constitution but it is started in the United States of America that is what we have written it evolved in the US and pronouncing the Judgment the chief Justice of the US Supreme Court Justice
Marshall had said that the US Constitution was the highest law of the land and IFA which has defined the powers of all the organs of the government and if any law of the Congress will be against the Constitution then the Judiciary has every right every power to declare it as
Null and VA so from there the concept of judicial review evolved next you can write here in case of India in case of India the power of judicial review the power of judicial review lies with lies with the Supreme Court as well as the high courts as well as the high
Courts common sensual questions are asked from judicial review which of the following statement is correct regarding judicial review Supreme Court has the power to reviews the laws and the actions of the Union government part parlament as well as of the state governments also and the state legislator
Also whereas the high courts have the power of judicial review over only the decisions of the state government and the state legislatur it cannot look into the validity of a law made by the parliament or a decision taken by the union executive now coming to the second part
Of it basics judicial review and fundamental rights if a law violates any of the fundamental rights if it is to be declared as null and void here we have got two doctrines that we need to understand one the doctrine of severability here we need to understand two articles of the
Constitution Article 13 Clause 1 and Article 13 Clause 2 they are termed as doctrine of severability yes mother tongue you need to understand it in your mother tongue never try to mug up article 33 Clause one I also do not I have also not mugged up I have got the understanding
Of it now coming to the summary of Article 13 Clause 1 you can write here Article 13 Clause 1 holds that 13 Clause 1 holds that all laws all laws and enforced enforced in the territory of India in the territory of India immediately before immediately before the commencement of the
Constitution immediately before the commencement of the Constitution comma in so far as in so far as they are they are inconsistent with the fundamental rights inconsistent with the fundamental rights comma to be declared to be declared void void vo ID void to the extent of to the extent of such
Inconsistency what to the extent of such inconsistency now here you need to underline two sentences first before the commencement of the Constitution article 31 holds that there you see you have written before the commencement of the Constitution underline it and then lastly what we have written declared word to the extent of such
Inconsistency underline to the extent of such inconsistency in bracket you write prec constitutional laws prec constitutional laws I’ll explain it once you go outside this room everything should be there in your mind now coming to article number 13 Clause 2 y summary write it then I’ll
Explain both of it both of the Articles together High Court cannot you can the power is there with the Supreme Court parliamentary law can be challenged in the Supreme Court huh Delhi Delhi High Court no Delhi High Court can look into the disputes that can arise that’s say if
The government of NCT has got some complaint with respect to uh the powers which has been mentioned that is constitutional cases can be referred with the interpretation of article 239a then the government of NCT had gone to Delhi but if a law has been made for example the government of NCT Amendment
Act has been passed 2023 it can be challenge in the Supreme Court not in the Delhi High Court Article 13 Clause two holds that this the state the state not to make any law not to make any law which takes away which takes away or Abes or Abes the fundamental rights the fundamental
Rights and any law and any law made in contravention made in contravention to the or contravention of this Clause of this clause to be void to be void void void to the extent of to the extent of such contravention extent of such contravention underline to the extent of such
Contravention in bracket you can write post constitutional laws now when we say pre-constitutional law Article 13 Clause 1 is talking about the laws which were there before the commencement of the Constitution that is the 26th of January 1950 they were applicable and Article 13 Clause 2 is talking about post constitutional law
Here many British laws will also come for example the Muslim personal law it is an example of a pre-constitutional law this law existed before the commencement of the Constitution so here we are talking about the precons sitution laws then because many pre-constitutional laws are existing even today and post
Constitutional not what we have written it will take 2 minutes and you will be able to understand it suppose law a law a may be a pre-constitutional law or a post-constitutional law means it may be there before the commencement of the Constitution or it has been enacted after the commencement
Of the Constitution that is after 26th of January 1950 suppose law a has got some Clauses Clauses suppose if there is an art fundamental right say article number 23 it is a hypothetical situation now if if claes C and D of law a they are implemented they will violate article 23 of the
Constitution a B and E if they are implemented they will not be violating any of they will not be violating any of the fundamental rights but suppose claes C and D they are implement Ed then they will violate article number 23 then what we have written I have made
You to underline the last sentences to the extent of such inconsistency so a law whether it is a pre-constitutional or a postc constitutional law if it violates any of the fundamental rights to be declared as null and void to the extent of such inconsistency means the whole law will
Not be declared as null and V only the Clauses or the subclauses which are coming in conflict with the fundamental rights only they will be declared as null and void so what we have got as say imagine a law has been made by the parliament or a law is there
Which is existing before the commencement of the Constitution it violates a fund some of its Clauses have violated the fundamental rights so only those Clauses will be declared as and in your mother tongue you need to remember it because in the prelims examination there are four
Options it is not that you have mugged up all the things you have whether you have understood it or not so a law the whole law will not be declared as null and void only the Clauses or the subclauses which are coming in conflict with the fundamental rights they will be
Declared as null and what this is the doctrine of saor ability we are severing the ties we are severing the ti why because these two Clauses we coming in conflict with the fundamental this is a rocket science it is nothing it is nothing so the complete
Law will not be declared as null and vo so doctrine of severability associated with the fundament mental rights up Supreme Court is the final interpretation interpreter of the Constitution a gentleman called bikaji Narayan he went to the Supreme Court and I was not audible to the online students
For one or two minutes so I will just recap for you what we were discussing was that a law that is doctrine of severability a law if it violates any of the fundamental rights the law will not be declared as the complete law will not be declared as null and W only the
Clauses or the subclauses which are coming in conflict with the fundamental rights they are to be declared as null and V but a gentleman went to the Supreme Court vaji Naran for the interpretation of article this doctrine of severability and he pleaded that such a law may not
Be declared completely as null and void it asked the Supreme Court to suggest that what is the way out then the Supreme Court in the bhaji Naran case gave the doctrine of eclipse doctrine of eclipse what is this doctrine of eclipse something is written on the board and suppose if I stand here
Suppose if I stand here what is written in the board on the board may not be visible to all of you why it is not visible to all of you because I am in between you and the board if I am here this part will be visible to you again the Supreme Court
Said that a law even if if it is violating any of the fundamental right it may not it may not be declared as a dead law allog together it may not it completely depends on the court that is the Supreme go it may apply the doctrine of severe ability it may apply the
Doctrine of eclipse so the law may not be declared as null and void but it will be overshadow shadowed by the fundamental right means it will be there in the law book in the doctrine of eclipse it will be declared as a dead law altogether it will be dead law it
Will not be in the rule books doctrine of eclipse let it be there in the law book but it will not be implemented why it will not be implemented because it is inconsistent with the fundamental right suppose in the future there is an amendment in the fundamental right
And these Clauses obviously will not be coming in conflict because there is an amendment here then these Clauses will be implemented so doctrine of eclipse that is over shadowing the so it but it completely depends on the vot whether to use the doctrine of eclipse or the
Doctrine of sever ability so doctrine of eclipse you may write the Supreme Court the Supreme Court in the bhaji Narayan case the Supreme Court in the bhaji Naran case gave the doctrine of eclipse gave the doctrine of eclipse the Court held that the Court held that that a law a
Law even if it is inconsistent a law even if it is inconsistent with any of the fundamental rights with any of the fundamental rights may not be a dead law Al together or may not be declared as a dead law altogether it will be overshadowed it will be overshadowed by the fundamental
Right by the fundamental right full stop the eclipsed part the eclipsed part gets revived again gets revived and effective again if the prohibition if the prohibition brought about brought about by the fundamental right brought about by the fundamental right is removed by is removed by an amendment to the
Constitution an amendment to the Constitution P the Supreme quot in the SRI Amika mils case see Amba mils case there is no need to mug up Samba Mills versus state of Gujarat case 1978 it hardly matters so the Supreme Court in the S am Mills case held that the doctrine of eclipse
The doctrine of eclipse to be applicable to be applicable for pre for pre as well as post constitutional laws pre as well as post constitutional laws so which of the following statement is correct regarding the doctrine of eclipse so the doctrine of eclipse was propounded in the baji Nan case that is
The correct statement then second statement may be the doctrine of eclipse is applicable in case of pre-constitutional laws only then post constitutional laws only and in case of pre as well as Poston constitutional laws so one and four two are correct such type of questions may be there uh
Bikaji Naran case was related only with the pre-constitutional laws so that is why in the S Amika Mill’s case there was a justification that it will be valid for the Post constitutional laws what you understood a law will be declared as null and void all the we can say Clauses will be
Declared as null and void or only those which are inconsistent so in mother tongue you should and what is doctrine of eclipse the law may not be declared completely as null and void it will be overshadowed by the fund what happens in the eclipse overshadow so that will happen here
Also so judicial review doctrine of eclipse doctrine of Savior ability one question post a difference or difference now coming to another question suspension of fundamental rights means under what circumstances our fundamental rights can be suspended two articles are here only for the reference I am telling
You the number number of article you are not supposed to it now what is mentioned in article 358 it is under article means what is mentioned in article 358 Article 90 sorry the fundamental rights under Article 19 to be automatically suspended if the National Emergency is Pro claimed on the grounds of
War or external aggression or external aggression see we’ll be discussing National Emergency in detail in one of the classes and uh when we talk about the National Emergency many of you may be knowing that the National Emergency can be proclaimed on three grounds War external aggression or armed
Rebellion suppose if today the president proclaims the National Emergency on the grounds of in armed Rebellion that there has been armed rebellion in some of the states in nor in North India the National Emergency is being proclaimed in this part or in the country as a whole then our fundamental rights under
Article 19 the six Democratic freedoms will not be suspended they will be there with us but suppose if the president proclaims the National Emergency on the grounds of war that we are a war with this country or this country has attacked India there is an external aggression and National Emergency is
Being proclaimed as soon as the president will sign the proclamation the six Democratic freedoms under Article 19 will be automatically suspended that is what we have written so if you in the examination there is a statement that the fundamental rights under Article 19 are automatically suspended during the proclamation of
National Emergency it will be a correct statement or not no it will be a wrong statement because only on these two cases because when we say National Emergency it will include internal we can say armed Rebellion also what about the other rights the other rights will be there
With you but they can be suspended by another proclamation of the president so there will be another Proclamation that these these these fundamental rights are being suspended it is mentioned in article 3 59 under article 359 the president by a separate Proclamation can suspend all the fundamental rights except those
Under Articles 20 and 21 AR articles 20 and 21 cannot be suspended this aspect was not there in the original constitution in the original article 355 it was mentioned that the president by a separate Proclamation can suspend all the fundamental rights but this was this particular Clause was added by the 44th Amendment
Act 1978 again I tell you this when I’ll be discussing emergency Provisions with you because in 1975 when the National Emergency was proclaimed at that point of time right to life right to personal Liberty and then arbitrary arrest were made that is why when the J party government came to power it amended
Article 359 so which of the fundamental rights cannot be suspended even during National Emergency those under Articles 20 and 20 one and Article 19 will not be automatically suspended when the National Emergency is proclaimed on the grounds of armed Rebellion so this is the summary so one
Question from here you need to practice like this another area from where the upsc is very fond of asking questions in the examination is the amenability of the fundamental rights under it we are going to discuss that if the parliament has the power to amend the fundamental
Rights there is no yes or no answer to it first of all you see what is mentioned in the Constitution Article 13 Clause 2 the parliament sorry the state not to make a law which takes away or Abes the fundamental rights so the parliament or the state cannot make a law which takes
Away or AES es the fundamental rights otherwise it is to be declared as null and void to the extent of such contravention now there is no need to write it again we have written it what happened I’ll tell you A big background of it otherwise the things will be very mechanical for
You you see the First Amendment Act was passed in 1951 yeah you can write it the first amendment act 1951 added article articles 13 Clause 4 sorry added Article 15 Clause 4 and 30 1B and the ninth schedule in the Constitution so two articles were added
And one schedule was added by the First Amendment act 1951 what was the subject matter of Article 15 Clause 4 Article 15 Clause 4 authorizes the state to make special provisions for the socially and educationally backward classes of citizens including the scheduled cast and scheduled tribes so in the original Constitution nothing was
Mentioned and in Article 13 15 clause for a new article was added and the state was authorized to make laws for the Social and educationally backward classes including schedule cast and schedule tribes then when we talk about the ninth schedule coming to this nin schedule then I’ll com to article
31b in the n9th schedule the nth schedule was added and what was there in the nth schedule it contained The Social legislations social legislations including the Land Reform acts passed by the parliament as well as the state legislatures as well as the state legislatures so in the n9th schedule
Social legislations were to be in Incorporated and that will include the Land Reform acts passed by both the parliament as well as State Legislature now what was written in article 31b in article 31b it was mentioned that a law or a matter mentioned or incorp operated in the ninth schedule in the n9th
Schedule not to be subject of judicial review not to be the subject of judicial review I just wanted to give you an idea because I don’t know uh some of you may have read some of you may not have read you have not may not have done your
Classes for uh even the GS portion so generally the students they mug up the cases then they feel that oh they know everything but that is half the knowledge why the cases started coming to the Supreme Court we will have to understand this background the ninth schedule was
Added and in the ninth schedule what we have written social legislations means the social laws which were passed by the state and Parliament were added suppose Bihar passed the Bihar land reforms act it was approved by the Parliament and added in the 9th schedule that Bihar
Land Reform Act is a subject in the n9th schedule then Bengal land reforms West Bengal land reforms act added in the n9th schedule so and it was mentioned in article 31b that a law which is which has been Incorporated here or mentioned under the nth schedule will not not be challenged
In the Supreme Court is not subject to judicial review and when the Land Reform Acts were passed by the state and they were approved by the Parliament and added in the N schedule this Land Reform Act is a subject of the N schedule now you cannot challenge that Land Reform Act in the
Supreme Court and what had happened through the Land Reform acts Jamari was abolished land is a subject in the state list so just after Independence the the state needed land for the infrastructure purpose for offices for educational institutions for National highways for Industries land was needed and it was
Private ownership of land the British they had given the land to the jamindar it was there with the jamindar so the States basically they started passing the Land Reform acts that a person cannot keep More Than This Much of land generally you are taught in the class or
There is book The First Amendment act abolish Jamari how it abolish Jamari the N schedule was added and article 31b and in the N9 schedule such laws passed by the states after approved by the parliament has to be mentioned here and the laws which are mentioned here
Cannot be challenged in the court of law at that point of time right to property was a fundamental right so when you are abolishing Jamari you cannot even go to the court of law it was against article 31 that is right to property and this amendment was against right to
Equality because Article 15 Clause one says that is the state shall not discriminate against the Citizens only on the certain ground place of birth religion cost race sex but here what you are saying the state can make a special Provisions for the socially and educationally backward classes it
Violated Article 15 Clause one of the Constitution right to equality and it violated right to property because you are abolishing AB so in this way the First Amendment act abolished Jamar and this is the background that you require to know but why the cases went to the court
Why shankri Prasad went to the court shankri Prasad went to the court he was a jamindar he went to the court against the First Amendment act so from here the cases started going to the court that whether the parliament has the power to amend the fundamental rights or not
Because it has it was claimed that it violated Article 13 Clause 2 now let us see the cases context you will not be able to remember the things why the first why we are discussing it Parliament because the First Act was passed and Article 15
Clause 4 was added and it holds that the state can make a special Provisions for schedule cast schedule tribes and other econ socially educationally vord classes so it violated right to equality which which was a fundamental right then uh schedule 9 was added imagine Land Reform acts passed by the states it made
Provision that okay if a person has got this much of land uh then it will be taken over by the state and it was added in the n9th schedule and article 31b says that if a matter is added in the n9th schedule you cannot challenge it in
The Supreme Court it is not subject to judicial review so Jamari was abolished because you cannot keep land more than this much you need to have such an idea so in light of that it was challenge so in the next sentence you can write for your continuity does the First Amendment
Act the First Amendment act violated violated right to equality right to equality and right to property which was a fundamental right which was a fundamental right at that point of time at that point of time take now you are getting the things so such type of understanding has to be
Developed the things will be very easy for you up going to the court in the shankri Prasad versus Union of India case 1951 the Supreme Court held the Supreme Court held that the parliament has the power to amend the fundamental rights has the power to amend the fundamental rights so
Here basically the First Amendment Act was challenged and in the shankri case the Supreme Court held that socioeconomic Justice is important the idea of welfarism was important and that is why the specific amendments can be justified and the Parliament has the power to amend the fundamental
Rights then the matter again came to the Supreme Court in the Sant sing versus state of Rajasthan case 1965 the Supreme Court upheld its earlier judgment in the San saying is the Supreme Court upheld its earlier judgment mean the same judgment was upheld then in the golak versus state of Punjab case
1967 and 11 Judges Bench 11 Judges Bench of the Supreme Court by a majority of six is to 5 by a majority of 6 is to 5 held that held that the parliament has no power the parliament has no power to amend the fundamental rights I intentionally wrote 11 Judges Bench 6 is
To5 uh because some of you uh may not be knowing many technical things also so uh it again I say it will be a mechanical thing for you you say when we go to the court basic then I’ll proceed further in the court we have got benches of judges as extra
Knowled benches in a court we have got single judge bench as the name suggest single judge bench it consists of one judge and uh single judge bench looks into the civil and criminal cases single judge benches are there in the high courts and in the subordinate courts
One judge we’ll hear the case then division bench two judges division bench also looks into the civil and criminal cases division benches are there in the Supreme Court and in the high courts they will also be looking into the civil and criminal cases in the Supreme Court all the cases
Are heard by a division bench two judges will be hearing if it is a special bench then 2+ one three judges will also be there it completely depends on our chief justice then in the high court also there can be special benches that depends on the Chief Justice of the high court three
Judges then constitutional bench five or more than five judges interpretation of the Constitution or a law electoral Bond scheme it was reviewed by five Judges Bench so whenever their matter comes related to the interpretation of the Constitution five or more than five judges here decision is arrived at by
Majority vote that is why it is always there in the odd numbers in the golak case 11 judges were there the Revis reason of the Judgment the earlier judgment is it has to be by a higher bench it has to be by a higher bench and suppose the same type of cases
Come before The Supreme Court again the Chief Justice of India if he feels that the Judgment has can be changed then he can constitute a higher bench so in the golak case 11 judges were there the Judgment was 6 to5 six judges were in the F judgment that
You said now in this case the Supreme Court gave another doctrine that is doctrine of prospective overruling the Supreme Court in this case gave the doctrine of prospective overruling that is the judgment will have a prospective effect and not a retrospective effect and not a retrospective effect because it was cont that your
Lordships in the shankri Prasad in the San Singh case The Honorable Court had held that the parliament has the power to amend the fundamental rights many people would have been benefited many people may have lost so what next the Supreme Court said let bygones be bygones so this judgment will have a
Prospective effect that is from a future date not from a back date that is the doctrine of prospect effective overruling golak case was a turning point in the history of India and uh it was a setback for the government also because in a parliamentary form of government the laws are initiated by the
Executive that is okay we need to amend the fundamental rights we need to do this now you are saying that it is against Article 13 Clause 2 of the con Constitution so we will not be allowing you to do that then here from here the tussle started between the legislature
That is executive and the Judiciary and in response to the golak case the parliament passed the 24th Amendment act so what is the 24th Amendment act you can write it the 24th Amendment act 9 1971 added Article 13 Clause 4 added Article 13 Clause 4 which holds that which holds that and
Amendment to the Constitution under article 368 not to be considered not to be considered as a la for the purpose of Article 13 13 means Article 13 Clause to specifically but Article 13 now before I proceed here mechanical you see first thing that you need to remember that article 13 Clause 4 was
Added in the original Constitution this article was not there now what is mentioned in Article 13 Clause 4 is that if an amendment is made in the Constitution under article 368 it will not be considered as a law for the purposes of of Article 13 means it is a law for other purposes
But not for Article 13 means wherever the word law is mentioned if an amendment is done it will not be conceded now you will say Sir what is this you will be able to understand it I will ask you a general question if an amendment is made in the
Constitution if it is a law or not of course it is a law constitutional law anti-defection law added in the 10 schedule it is a law now then right to education is is a law now 73rd Amendment act it is a law so the general understanding is that an amendment is a
Law but in Article 13 Clause 4 it is mentioned learn that an amendment I have used my own words because the Constitution language can be different difficult for you a law under we can say if an amendment is made it is not to be considered as a law for the purposes of
Article 13 it will be a law for other purposes but not for this purpose what is the logic suppose you people are the parliament you amend the fundamental right now that amendment is challenged before me I am the Supreme Court I will say that I’m going to
Declare your Amendment as null and vo your law as null and vo then you’ll say Sir why I will say it is violation of Article 13 Clause 2 because Article 13 Clause 2 says the state not to make any law which takes away or Abes the fundamental rights you people have made
A law which has taken away or AB these these these fundamental rights so I’m going to declare your law as null and one then you will say sir in Article 13 Clause 4 it is mentioned that sorry Article 13 Clause 2 it is mentioned that the state not to make any
Law sir we have not made any law we have amended we have done an amendment here it is written law but we have not made any law we have amended then I will say hey where it is written that an amendment is not a law
We will say Sir Article 13 Clause 4 it is mentioned here now you see in this way the Constitution used to be manipulated earlier you can change the word so that if it is challenged in the court you’re holding the nose like this you are making a law saying that an
Amendment is not a law you have written here so it will not be the constit because it is mention now in Constitution it will not be unconstitutional that is one thing then secondly a or problem sorry one more change was there you can write it the nature of article 368 was changed
The nature of article 368 was changed and the Parliament was given the power and the Parliament was given the power to amend to amend any part of the Constitution and the Parliament was given the power to amend any part of the Constitution so earlier it was mentioned
In article 368 power of the parliament to amend the Constitution an amendment was made power of the parliament to amend any part of the Constitution any part will include the fundamental right also any so there will be no confusion now this constitution has given the power to amend any part of the
Constitution this amendment Act was challenged in the Supreme Court in the famous keshwanand bharti case in the kishan and bti versus state of Kerala case it is only for the purpose of continuity I have written K andhi case Mar 13 Judges Bench or the Supreme Court it was a 13 Judges
Bench in the Quan and bharti case the Supreme Court gave the judicial Innovation the judicial innovation of the basic structure Doctrine basic structure Doctrine the Court held that the Court held that the parliament has the power the parliament has the power to amend any part of the
Constitution has the power to amend any part of the Constitution but the basic structure not to be disturbed but the basic structure not to be disturbed P stop one more sentence we need to write here the Supreme Court in this case the Supreme Court in this case did not elaborate did not
Elaborate on what constitutes on what constitutes the basic structures of the Constitution what constitutes the basic structures of the Constitution but but in the judgments given in the future but in the judgments given in the future it has held that the following aspects the following aspects constitute the basic structures of the
Constitution the following aspects constitute the basic structures of the Constitution underline following aspects so in the case one bhi case the list of the basic structure Doctrine was not given and but in the future that is for example in the minurva Mills case the Supreme Court said that the balance
Between the fundamental rights and directive principles was a part of the basic structure then in the SR bomai case the Supreme Court said that secularism was a part of the basic structure then in El Chandra Kumar case and in some other cases the Supreme Court said that judicial review as a
Part of the basic structure then in the uh njac act case the Supreme Court said independence of Judiciary was a part of the basic structure so that is what we have written in the different judgments so by following the we can say the judgments we got that list so the
List has not been mentioned anywhere it completely depends on the Supreme Court it is an evolving list so what are the basic structur have let us have some ideas first the sovereignty of India then ideal of a welfare state ideal of a welfare state federalism secularism rule of law supremacy of the
Constitution judicial review then independence of judiciary separation of powers of powers third symptom science balance between the fundamental rights and directive principles then uh Republican and parliamentary form of government now from here the questions can be asked in the examination okay which of the following is correct regarding the basic structure
Uh it is a Judicial Innovation the basic structure Doctrine is a social legisl social uh Innovation a executive Innovation a legislative Innovation judicial Innovation it is a Judicial Innovation then who is to decide that what are the B basic structures it is the Supreme Court which
Has to decide that what are the basic structures then which of the following are the basic structures of the Constitution these are some of the basic structures the basic structure is aesthetic no it is not aesthetic it is evolving it is dynamic it so basic basically the understanding based
Questions will be there in the prelims examination on the basic structure Doctrine then this Doctrine basically was upheld by the Supreme Court in the minurva Miss limited case so last the Supreme Court in the minurva Mills versus Union of India case for continuity versus Union of India case 1980 up basic structure
Doctrine now I’ll make you to revise it so that uh you will not fumble and you’ll have an idea that what type of questions are asked here first in the the question can be with respect to the First Amendment act this is the first amendment act two articles and one
Schedule then in which of the cases the Supreme Court held that the parliament has the power to amend the fundamental rights what are the cases shankri Prasad and San Singh you need to remember that only never try to remember everything then in which of the cases the Supreme
Court held that the parliament has no power to amend the fundamental rights golak case clear doctrine of prospective overruling golak case then questions can be asked on the 24th Amendment act so Article 13 Clause 4 was added and then Parliament was given the power to amend any part of the
Constitution then basic structure Doctrine quanan bti case and the Judgment of which of the cases was upheld in the minurva MS case the Judgment of the kesan and bharti case was upheld in the minurva Miss limited case see the last 10 15 year question papers not a single question has been
Asked outside from it this is the summary done there is no need to read more because when you we are on this side we can torture you that you need to read everything but suppose you are on that side you have to read 10 to 12 sections of the General Studies paper
You cannot be an encyclopedia you’ll have to develop that aptitude to grasp the things so that is why you need to read less but grasp more that is the Mantra of success it is not that you should read more and more you cannot be an encyclopedia no one can be an encyclopedia
But you have to read everything so you need to develop them one more question you say here what we had discussed n and article 31b social legislations and a law added or a matter added in the n9th schedule is not subject to judicial review in the kandhi case
Is the Supreme Court gave the basic structure Doctrine and judicial review is one of the basic structures the Supreme Court has said and article 31b says that a matter added in the N9 schedule not subject to judicial review the matter went to the Supreme Court with respect to the
Status it is a question of the upsc examination you can write as note the Supreme Court the Supreme Court in the I coo Cas I coo case 2007 held that held that the laws the laws added to the nth schedule added to the ninth schedule by amendments by amendments made after 24th April
1973 made after 24th April 1973 that is the date of the judgment ofan and bti case it is a date of Judgment of the kesan and bharti case are subject to judicial review are subject to judicial review so till 1973 24th of April whatever subject has been added in the
N9th schedule you cannot challenge it in the Supreme Court that is not subject to judicial review so the summary here one more sentence can be there I said understanding the direct judgment is there so what is the understanding you can write here in the next sentence the N9 schedule is subject to
Partial judicial review the Supreme Court is subject to partial judicial review partial not fully partial 197 judg So what had happened basically was that the Tamil Nadu government had provided for more than reservation tamad what is the Supreme Court limit for reservation 50% and Tamil Nadu uh the reservation is 67 or
69% and and it was added in the n9th schedule the matter went to the Supreme Court that you have mentioned that the upper liit will be 50% if the states will make laws they will add in the N schedule and it will not be subject to judicial review the Supreme Court said Okay
Okay then the Supreme Court said that it is subject to partial judicial review any matter that has been added after 24th April 1973 it can be questioned in the vote and we can look into the validity of such a such statements will be there with respect to the nth schedule in the
Cons except this statement so here with respect to basic structure and the N schedule you see we need to correlate the things then it will be po otherwise it will be only a constitution till now we have not discussed a single fundamental right but if you see the previous year question
Papers most of the questions are asked from these areas human rights nature of fundamental rights judicial review and fundamental rights and then amenability of the fundamental rights so that is why we gave more emphasis on these aspects because if you develop an understanding then you will be able to answer the questions
Then now coming to the classification of the fundamental rights we all know that there are six categories of fundamental rights so some of the fundamental rights have to be discussed in detail some in very brief just to have a continuity right to equality your heading will be classification of the fundamental rights
Articles 14 to 18 coming to article number 14 article 14 provides for two types of equality equality before law and equal protection of laws two types of equalities now one by one we will be looking into it first of all coming to this equality before law equality before law has been taken
From the UK Constitution it means no one is above the law all are equal in the eyes of law whether a person is Rich or poor he’s a government servant or a common man laws are equal for everyone then it is based on the concept of rule of law you see rule of
Law it establishes supremacy of law we call it as Lex suprus law is supreme this concept of rule of law Lex Lex means law this concept of rule of law was propounded by Aristotle this is one of the contribution of Aristotle to political philosophy the concept of rule of
Law and Aristotle was of the view that rule of law was better than rule of men and in the absence of the written laws even the most honest magistrate may not be honest that is why there has to be laws According to which the States the judges they should
Rule so that is the concept associated with the name of Aristotle but in the modern times this concept of rule of law was popularized by Professor a DI so propounded Aristotle popularized by di understanding is important the father of sence we need to know him also so here uh it was popularized
By the English scholar Professor a Dy a d so what a DIY had done a DIY had talked about certain postulates of the rule of law rule of law is itself a concept which is uh very much asked in the examinations other than equality so in the next point you can write dcey
Dcey talked about talked about three aspects of rule of law three aspects of rule of law first supremacy of law secondly equality before law and third predominance of the legal Spirit predominance of the legal Spirit exam the things should not be alien to you at least you will be able to relate the
Things here and there the first thing we have written supremacy of law the law should be Supreme and here what diis specially so basically when we talk about D he was of the opinion that there should be lesser discretionary powers on the part of the the decision makers because if the more discretionary
Powers will be there then the written law will not be valid so there should be lesser discretionary powers and the law which is prevailing that should be Supreme and everyone should abide by that law that is supremacy of law lesser discretionary power and those who are the who are enforcing the law they
Should also abide by the law when we say equal before law there should be no separate Courts for the common man as well as for the officials and everyone should be we can say treated equally before the law and then predominance of the legal spirit in most of the Constitutions of the
World we have got the provisions against arbitrary arrests that is no one to be detained arbitrary but it is being done so what is the spirit behind it that is not to punish those who are innocent that is the legal spirit so the spirit behind
The laws have to be followed it is not that the laws should be there only on pen and paper the spirit the idea behind the law has to be respected that is predominance of the legal spirit interview how you’ll apply the rule of law rule of law consist of only one
Thing no no sir I will do this yeah rule of law sir basically first of all I will be using my discretionary power very less and I will go by the laws which are there then sir I will treat everyone equally that is concept of equality
Before law and sir I will ensure that the laws do not exist only on pen and paper the legal Spirit should prev how you will be solving the question so that is what I said PR so you need a holistic idea about the things so if an idea is there now if a
Question is asked you’ll be able to answer the questions this was related to the concept of equality before law a bit understanding some people are there who are above the law means the rule of law is not valid they are not punished in accordance with the law of the land for example the
President and the governors they are not answerable in any court of law for the administrative decisions that they have taken these are the exceptions to equality before law exceptions exceptions to equality before law first the president or the governor of a state not answerable in a court of law for the administrative
Decisions taken by him secondly no criminal proceedings can be initiated against the president or governor of a state during the term of office and thirdly the foreign diplomates and the visiting foreign dignitaries are not to be punished according to the law it is known as diplomatic immunity it is known as diplomatic
Immunity so if a foreign diplomate is here even if he is involved in a criminal case then he will just be asked to leave the country within a reasonable time 24 hours 48 hours time the he cannot be punished in accordance with the law of this country this immunity is
There with our diplomats also if you will be an ifs officer posted outside India you will be enjoying this diplomatic immunity but you will be Triad in India so these are the exceptions now coming to equal protection of laws this concept of equal protection of laws has been taken from the US Constitution
And it means likes to be treated alike equality under equal circumstances or we can also say it is equality among the equals equality among the equals now you see the beauty of the Indian constitution two different aspects one is equality before law taken from the UK Constitution which means that there
Should be legal equality all should be treated equally before the law and likes to be treated alike under equal circum must aners only there will be equality this concept has been taken from US Constitution and they have been combined together to make our constitution a coherent one this article a coherent one
Here when we say equal protection of laws if you talk about equality before law you will not be able to give complete Justice to a person that is why equal protection of laws is required suppose if a person if two persons have committed murder but under two
Difference are ances and if you punish them equally equality before law then Justice may not be given to one the one one person may have killed someone in self-defense or protecting the other members of the society and the other one is a professional killer so yes that is circumstances are different so here
Equality has to be only among the equals not among the unequals so that is the beauty of the Indian constitution that is why we remember Dr edar for giving us a very good Constitution you see this part taken from this constitution this part taken from this Constitution and they
Have been clubbed together to give it an Indian color so this was Article 14 we needed to know this much emphasis will be on rule of law then coming to article number 15 Article 15 is available only to the citizens only to the citizens Article 15 Clause 1 prohibits the state from
Discriminating against the Citizens on the grounds of religion cost sex race or place of birth there is no need to mug up no one is going to ask you article number 15 it’s continu I have told you now the question is where there shall be no discrimination on these
Grounds and uh you see the the Discrimination shall not be in the use of the in plac like hotels restaurants then theaters that is the places of public entertainment or the use of Wells tanks bathing Hearts you need to remember there is no need to mug the teacher today discussed
Article 15 he said Article 15 is there only with the citizens in your mother tongue you need to remember it and then he said that uh the state on certain grounds should not discriminate among the state uh among the citizens even if you forget the ground it hardly matter place of birth religion
Cast then uh where the Discrimination will not take place uh in the hotels public restaur then places of public entertainment use of weals you just need to remember like this no one is going to ask you what is Article 15 it is for your understanding that okay this is the
Understanding standing of article number 15 now but there are some exceptions to it how many of us travel by Delhi Metro frequently how many of us also many time the first coach towards the engine is reserved for women it is violation of Article 15 Clause one or not yes sir Supreme
Court so so that is what I said there are exceptions to Article 15 Clause 1 there is no need to mug up the Articles paragraph paragraph first Article 15 Clause 3 special Provisions can be made for women and children Supreme Court women and children then Article 15 Clause 4 special provisions can be
Made for socially and educationally backward classes including schedule cast and schedule triack Liv then Article 15 Clause 5 reservation for socially and educationally backward classes in educational institutions that is private also government private private also aided or uned by the state except minority educational institutions underline except minority educational
Institution so there may not be reservation for schedule cast schedule tribes or the obeses in the minority educational institutions then Article 15 CLA 6 yes Article 15 Clause 6 claes the first Clause special Provisions can be made for economically weaker sections for economically weaker sections so here it it is only for the
General category economically weaker sections other than the categories mentioned in Clauses four and five means it should be for the general category economically weaker section and then secondly reservation for economically weaker sections in educational institutions in educational institutions be the same logic except minority education institutions reservation so it is
Minority education institutions are exceptions so reservation for ews in education institutions but here one thing we need to remember that the reservation shall not be shall not be more than 10% in each category it shall not exceed 10% in each category ba honors So ba honors political science 10% seats reserve for
Economically weer section it is notom it can be only for one sub so 10% in each category MSA physics 10% MSA chemistry 10% for economically weaker sections it should be above the reservation which has been prescribed so that is why this was not declared as null and special Provisions for the women
Children can be made then for the schedule C and the schedule tribes then reservation in higher education sorry reservation in education uh for the educational institutions for the soci and education educ then special Provisions for economically e yeah first part second part it was there in the original Constitution these were added by
Amendments so you need to remember the amendment number here Article 15 Clause 4 it was added by which amendment act L First Amendment ACT first amendment act then Article 15 Clause 5 added by the 103rd Amendment act3 Amendment Act 2005 sorry yeah 93rd yeah 10 1003 sorry 93r and this is
1003 1003 Amendment act the latest you may be knowing it 2019 before the last general election it was the gift of the outgoing government except minity institution they wish to give reservation they can they may so for example in alal Muslim University there is no reservation so it can
Be huh uned Ed or uned it may be so your state will decide your state will this was we can say so you need to remember like this is mug up yes but you need to remember the article numbers 93rd Amendment act 103rd Amendment act which of the following is correct
Regarding the 103rd Amendment act so wherever you’ll find economically weaker sections it is 103rd Amendment act even in article 16 we have got this economically weaker section reservation article 16 it is available only to the citizens only to the citizens it is equality of opportunity in public employment in public employment public
Employment government job Artic 16 Clause 2 there is no need to mug up the state shall not discriminate among the citizens on certain grounds yeah residence has been added descent had been added here now when we talk about exceptions exceptions first residence can be a qualification for certain jobs in a
State or Union territory the parliament has to make laws related to it then reservations may be there or may be provided by the state to the to the socially and educationally backward classes socially and educationally backward classes which which in the opinion of the state which in the opinion of the state
Is not adequately represented not adequately represented in the services under the state enabling clause so nowhere it has been written shall so originally the reservation was given to the schedule C and sched drives then the Mel commission recommendations were given when Indra was the Prime Minister
But it was implemented by CVP Singh so it completely depends on your state so reservations may be provided by the state for the backward classes of citizens you article 16 Clause 3 16 Clause 4 then 16 Clause 4 a reservations reservation in promotion or reservation for schedule cost and schedule tries in promotion
So there is a provision for reservation in and then article 16 CL 5 is useless for you 16 Clause 6 reservation for economically weaker sections for economically weaker sections here also maximum 10% there is no need to mug up 1003 Amendment act clear wherever it is economically weaker section it
Is articles I will take three minutes uh article 17 article 17 abolishes untouchability article article 17 abolishes untouchability then article 18 article 18 Clause one prohibits the state prohibit itss the state from conferring from conferring titles on the individuals on the individuals except except military and academic distinctions except military and academic
Distinctions the national awards the national awards were introduced we’re introduced in 195 4 but were discontinued in 1970 8 so when the J party government had come they were discontinued and they were again revived in 1980 L they were again revived in 1980 uh in 1978 and were revived in 1980 198
80 uh then again basically for some years it was discontinued So based on this there was a statement once in the prelims examination which of the following statement is correct the national awards were discount were temporarily suspended temporarily 19 the bat ratna is rooted through the prime minister’s office when
Pandii was the Prime Minister he go bhat ratna I said bhat ratna is to be rooted through the pmo P the Prime Minister will recommend the president that this person should be given the Bharat ratna but Pandit Neu when he was the Prime Minister he got Bharat
Ratna then Indra also when she was the Prime Minister she also got batat when the J party government came he said these people are using family business they are using just like a we can say title for the family so they discontinued it St why there is a hearing impact this
Yes this statement was asked in the examination yes so students who had heard the story sir had discussed it that it was discontinued by the J party government because of this reason and when Mrs Indra Gandhi came to power in 1980 she revived it so temporarily suspended temporarily discontinued so
Such type of question is said it is poity you have to develop an understanding then uh note number two you can write in the Balaji Ragan case you need to remember the name of this person he will give you jobs Balaji Ragan in the Balaji Ragan case the Supreme Court held
That the Supreme Court held that the national awards the national awards are not titles are not titles but are Awards we also know and to know this Balaji Ragan had gone to the Supreme Court whether there’s these are Rewards or these are titles so Supreme Court said that these are conferred on the
Individuals for rendering service to the state or to the society so these are not titles but we have got this code that is we are not supposed to use it as suffixes or prefixes so by default if you get bhat ratna you are not supposed toat and then you will write your
Name but it is not Penal in nature there is no penalty for it uh the government of India or the state government will just issue a letter to you that sir according to the supreme court judgment you are not supposed to do this is not penal in
Nature so Target completed today I had targeted to discuss article 18 days we’ll have to be disciplined also so today’s Target complished tomorrow from Article 19 we will start we’ll stop here for the day
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