Polity Set 61
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📌 States Reorganisation • Polity
Q.1) The Fazl Ali Commission (States Reorganisation Commission) identified how many major factors to be taken into account in any scheme of reorganisation of states?
Ans > Four
- Formation and Purpose: The States Reorganisation Commission (SRC) was constituted by the Central Government in December 1953, shortly after the creation of Andhra state. The commission was chaired by Fazl Ali, with K.M. Panikkar and H.N. Kunzru serving as its other distinguished members.
- Rejection of One Language One State: The commission firmly rejected the simplistic theory of ‘one language-one state’. Its primary view was that the unity and stability of India should be regarded as the most critical consideration in any redrawing of the country’s political units.
- The Four Major Factors: The commission identified four major factors for reorganization: 1) Preservation and strengthening of the unity and security of the country; 2) Linguistic and cultural homogeneity; 3) Financial, economic, and administrative considerations; 4) Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.
- Implementation of the Report: The commission submitted its extensive report in 1955. It suggested abolishing the existing four-fold classification of states and creating 16 states and 3 centrally administered territories. The government accepted this with minor modifications, culminating in the States Reorganisation Act, 1956.
📌 Constitutional Amendment • Boundaries
Q.2) Which Constitutional Amendment Act was enacted to give effect to the acquiring of certain territories by India and transfer of 111 enclaves to Bangladesh?
Ans > 100th Amendment Act (2015)
- The Land Boundary Agreement: The 100th Amendment Act of 2015 was passed to ratify the historic Land Boundary Agreement (LBA) between India and Bangladesh. The foundational framework for this agreement had originally been signed back in 1974 by Indira Gandhi and Sheikh Mujibur Rahman.
- Exchange of Enclaves: The amendment facilitated the physical transfer of 111 Indian enclaves to Bangladesh and 51 Bangladeshi enclaves to India. This exchange effectively ended a decades-old border dispute that had severely affected the lives of thousands of stateless citizens living in these pockets.
- Redrawing State Boundaries: This legislative act required altering the territories of four specific Indian states that share a border with Bangladesh: Assam, West Bengal, Meghalaya, and Tripura. Consequently, it necessitated an amendment to the First Schedule of the Indian Constitution.
- Historical Context: The rushed Radcliffe Line drawn during the partition in 1947 left numerous complex territorial anomalies, locally known as ‘Chhitmahals’. The 2015 amendment brought long-overdue legal clarity and human rights protections.
📌 State Formation • Geography
Q.3) In 2006, the State of Uttaranchal was officially renamed as:
Ans > Uttarakhand
- Formation of the State: The state of Uttaranchal was carved out of the northern, predominantly mountainous part of Uttar Pradesh on November 9, 2000, becoming the 27th state of the Republic of India.
- The Name Change Process: The Uttaranchal (Alteration of Name) Act, 2006, was passed by Parliament following demands from the state’s residents. The official name change to Uttarakhand took effect on January 1, 2007.
- Meaning and Significance: “Uttarakhand” translates literally to “Northern Land”. It honors the historical and mythological significance of the region, revered as ‘Devbhumi’ (Land of the Gods).
- Constitutional Mechanism: Under Article 3, Parliament has the exclusive power to alter the name of any state on the recommendation of the President.
📌 Union Territories • Renaming
Q.4) The Union Territory of Pondicherry was renamed as ‘Puducherry’ in which year?
Ans > 2006
- Historical French Connection: Pondicherry was a major French colonial settlement until 1954. It officially became a Union Territory in 1962 following the 14th Constitutional Amendment Act.
- The Alteration of Name Act: The Pondicherry (Alteration of Name) Act, 2006, formally changed the name to Puducherry to shed the colonial anglicized spelling and reflect indigenous roots.
- Etymology of Puducherry: Translates to “New Town” or “New Village” in Tamil (‘Pudu’ + ‘Cheri’).
- Geographical Composition: Composed of four unconnected districts: Puducherry and Karaikal (Tamil Nadu), Yanam (Andhra Pradesh), and Mahe (Kerala).
📌 State Renaming • Article 3
Q.5) The State of Orissa was renamed to ‘Odisha’ by the Orissa (Alteration of Name) Act in which year?
Ans > 2011
- Legislative Action: Changed via the Orissa (Alteration of Name) Act, 2011. The Constitution (113th Amendment) Act, 2011, also changed the language name from ‘Oriya’ to ‘Odia’ in the Eighth Schedule.
- Constitutional Requirements: Required parliamentary approval under Article 3 of the Constitution, reflecting a unanimous resolution by the state assembly.
- Historical Etymology: Derived from the ancient Sanskrit word ‘Odra Desha’ or ‘Udra’. British administrators had anglicized it to ‘Orissa’.
- Cultural Restoration: Viewed as a vital step towards discarding the colonial legacy and restoring phonetic accuracy.
📌 Citizenship • Article 5
Q.6) Under Article 5 of the Constitution, a person domiciled in India became a citizen at the commencement of the Constitution if he fulfilled any one of three conditions. Which of the following is NOT one of them?
Ans > If he purchased property in India before 1947
- Citizenship at Commencement: Article 5 deals with citizenship of persons domiciled in India at the commencement of the Constitution on January 26, 1950.
- The Concept of Domicile: A person first had to establish their “domicile” (a permanent home or intention to reside indefinitely).
- The Three Alternate Conditions: 1) Being born in India, 2) having either parent born in India, or 3) having been ordinarily resident in India for at least five years immediately preceding the commencement.
- Exclusion of Property Ownership: The framers deliberately avoided tying citizenship to wealth or property ownership.
📌 Citizenship • Partition
Q.7) A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen if resident in India for how many months preceding the date of application?
Ans > 6 months
- The Context of Partition: Article 7 addresses people who migrated to Pakistan after March 1, 1947, but subsequently returned to India permanently.
- Re-establishing Citizenship: The framers provided a legal pathway for returnees who came back under a specific permit for resettlement.
- The Six-Month Residency Rule: Required continuous residence in India for at least six months immediately preceding the application for registration.
- Registration Process: Individuals had to officially register with an appointed officer before the commencement of the Constitution.
📌 Indian Diaspora • OCI
Q.8) The High Level Committee on the Indian Diaspora, which recommended the amendment of the Citizenship Act to grant dual citizenship to PIOs of specified countries, was chaired by:
Ans > L.M. Singhvi
- Constitution of the Committee: Established in September 2000, chaired by Dr. L.M. Singhvi, a respected jurist and diplomat.
- Mandate and Objectives: To undertake a global study of the Indian diaspora and recommend a broad policy framework.
- Recommendation for Dual Citizenship: Recommended amending the Citizenship Act, 1955, to grant dual citizenship to PIOs in specific countries.
- Birth of the OCI Scheme: Led to the creation of the Overseas Citizenship of India (OCI) scheme in 2005, providing extensive lifelong visa and economic rights (since full dual citizenship is constitutionally prohibited).
📌 Single Citizenship • Article 9
Q.9) The Indian Constitution expressly forbids dual citizenship or dual nationality under which Article?
Ans > Article 9
- Principle of Single Citizenship: India strictly adheres to single citizenship to foster national unity.
- Voluntary Acquisition Trigger: Article 9 states that any person who voluntarily acquires the citizenship of any foreign state shall automatically cease to be a citizen of India.
- Exceptions During Wartime: Under the Citizenship Act, 1955, termination can be temporarily withheld if foreign citizenship is acquired during a war India is engaged in.
- Distinction from OCI Status: OCI is legally structured not as full citizenship but as a registered status offering a lifelong visa.
📌 OCI Scheme • Restrictions
Q.10) An Overseas Citizen of India (OCI) Cardholder is NOT entitled to which of the following rights?
Ans > Right to equality of opportunity in matters of public employment
- Nature of OCI Status: OCI is essentially a lifelong, multiple-entry, multi-purpose visa. It does not legally equate to full Indian citizenship.
- Political and Constitutional Restrictions: OCI cardholders cannot vote or hold constitutional posts (President, Judge, etc.).
- Denial of Public Employment: Under Article 16, public employment is strictly reserved for full Indian citizens.
- Agricultural Land Restrictions: Prohibited from purchasing agricultural land, farmhouses, or plantation properties in India.
📌 OCI Cancellation • Probation
Q.11) The Central Government may cancel the registration of a person as an OCI cardholder if the person has been sentenced to imprisonment for a term of not less than two years within how many years after registration?
Ans > Five years
- Regulatory Oversight: Section 7D of the Citizenship Act outlines conditions under which OCI registration can be cancelled.
- The Five-Year Probationary Window: If sentenced to imprisonment for not less than two years within the first five years of initial registration, the government can revoke OCI status.
- Other Grounds for Cancellation: Demonstrating open disaffection towards the Constitution, obtaining the card through fraud, or unlawfully engaging with an enemy country during wartime.
- Protection of Sovereignty: Ensures privileges are extended only to individuals who maintain good legal conduct.
📌 Fundamental Rights • Article 12
Q.12) Which Article defines the term ‘State’ to include the Government and Parliament of India, Government and legislature of states, and all local and other authorities?
Ans > Article 12
- Scope of Fundamental Rights: Article 12 serves as the gateway clause defining the ‘State’ for enforcing Fundamental Rights.
- Executive and Legislative Organs: Includes the Government and Parliament of India, and the Government and Legislature of each State.
- Local Authorities Included: Includes municipalities, panchayats, district boards, etc.
- ‘Other Authorities’ Interpretation: Progressively interpreted by the Supreme Court to include statutory/non-statutory bodies like LIC, ONGC, and certain private bodies acting as instrumentalities of the government.
📌 Basic Structure • Judiciary
Q.13) In the Kesavananda Bharati case (1973), the Supreme Court held that a constitutional amendment can be challenged if it violates a fundamental right that forms a part of the:
Ans > Basic structure of the Constitution
- The Landmark Judgment: Heard by an unprecedented 13-judge bench, the largest ever constituted by the Supreme Court of India.
- Genesis of the Basic Structure: Ruled that Parliament cannot use its Article 368 amending power to alter, destroy, or abrogate the essential “basic structure”.
- Core Elements of the Structure: Includes secularism, federalism, the rule of law, parliamentary democracy, judicial review, and separation of powers.
- Impact on Fundamental Rights: An amendment restricting a Fundamental Right is invalid if that specific right is inherently part of the basic structure.
📌 Rule of Law • Article 14
Q.14) Article 14 provides for ‘equality before law’ and ‘equal protection of laws’. The Supreme Court held that the ‘Rule of Law’ embodied in this article is a:
Ans > Basic feature of the constitution
- The Twin Concepts: “Equality before the law” (negative concept, English origin) and “equal protection of laws” (positive concept, American origin).
- A.V. Dicey’s Influence: Based on the ‘Rule of Law’ meaning no man is above the law.
- Basic Feature Doctrine: The SC held (e.g., Minerva Mills case) that the ‘Rule of Law’ in Article 14 is a basic feature tied to fairness and anti-arbitrariness.
- Immunity from Amendment: Cannot be destroyed or altered even by a constitutional amendment.
📌 Non-Discrimination • Article 15
Q.15) Article 15 prohibits discrimination on grounds ONLY of religion, race, caste, sex or place of birth. However, it permits the state to make special provisions for:
Ans > All of the above
- The General Prohibition: Article 15(1) establishes a strict general rule against discrimination on the specified grounds (the word “only” is crucial).
- Protection for Vulnerable Demographics: Article 15(3) allows special provisions for women and children.
- Advancing Backward Classes: Article 15(4) (added by 1st Amendment) allows special provisions for socially/educationally backward classes, SCs, and STs.
- Economically Weaker Sections: Article 15(6) (added by 103rd Amendment) allows up to 10% reservation for EWS.
📌 Reservations • Mandal Commission
Q.16) In 1990, the V.P. Singh Government declared a reservation of 27% in government jobs for the OBCs based on the recommendations of which commission?
Ans > Mandal Commission
- Establishment of the Commission: The Second Backward Classes Commission (Mandal Commission) was established in 1979 under B.P. Mandal.
- Identification of Backward Classes: Used 11 indicators to identify 3,743 castes (approx 52% of population) as socially and educationally backward.
- The 27% Recommendation: Recommended 27% reservation to keep total quota within the Supreme Court’s 50% upper limit.
- Implementation and Aftermath: Implemented in 1990 by V.P. Singh, leading to protests and the landmark Indra Sawhney judgment (1992) upholding the quota.
📌 Abolition of Untouchability • Article 17
Q.17) Which Article of the Constitution abolishes ‘untouchability’ and forbids its practice in any form?
Ans > Article 17
- Absolute Prohibition: Article 17 is unique as it is absolute, with no exceptions or limitations provided within the text.
- Lack of Constitutional Definition: The word is not defined in the text, but courts clarify it refers strictly to the historical social practice associated with the Hindu caste system.
- Statutory Enforcement: Enforced via the Protection of Civil Rights Act, 1955, prescribing strict punishments.
- Disqualification for Election: Conviction under this act leads to disqualification from Parliament/State Legislature elections.
📌 Titles • Article 18
Q.18) Which Article prohibits a citizen of India from accepting any title from any foreign state?
Ans > Article 18
- Democratic Equality: Prohibits the State from conferring titles that create artificial social distinctions.
- Prohibition on Foreign Titles: Strictly prohibits Indian citizens from accepting foreign titles to maintain national loyalty.
- Exceptions for Merit: Allows military and academic distinctions (e.g., Param Vir Chakra, PhD).
- Status of National Awards: The SC ruled in 1996 that awards like Bharat Ratna or Padma Shri are not “titles” under Article 18 if not used as prefixes/suffixes.
📌 Freedom of Association • Co-ops
Q.19) Article 19 currently protects six rights regarding freedom. The right to form co-operative societies was added by which Amendment Act?
Ans > 97th Amendment Act of 2011
- Expanding Freedom of Association: The 97th Amendment Act (2011) explicitly added “or co-operative societies” to Article 19(1)(c).
- Constitutional Status to Co-operatives: Aimed to protect their vital role in economic development and rural empowerment.
- Addition to Directive Principles: Introduced Article 43B directing the State to promote co-operative societies.
- A New Part in the Constitution: Added Part IXB (“The Co-operative Societies”) laying down standard rules for their structure and elections.
📌 Double Jeopardy • Article 20
Q.20) Article 20 grants protection in respect of conviction for offences. The provision that “No person shall be prosecuted and punished for the same offence more than once” is known as protection against:
Ans > Double jeopardy
- Protection for the Accused: Article 20 provides protection against ex-post-facto laws, double jeopardy, and self-incrimination.
- The Principle of Double Jeopardy: Article 20(2) enshrines the maxim “Nemo debet bis vexari” (no man shall be put twice in peril for the same offense).
- Requirement of Prosecution AND Punishment: The person must have been both prosecuted and punished previously. It doesn’t bar appeals if the person was acquitted.
- Applicability to Courts Only: Applies only to recognized courts/tribunals, not departmental disciplinary proceedings.
📌 Life and Liberty • Article 21
Q.21) In the Menaka case (1978), the Supreme Court gave a wider interpretation of Article 21 and introduced which American concept?
Ans > Due process of law
- The Original Constitutional Text: Originally used “procedure established by law”, technically allowing any legally enacted law to deprive liberty.
- The Menaka Gandhi Case (1978): Involved the arbitrary impounding of her passport without a hearing.
- Integrating the American Concept: The Court ruled the procedure must be just, fair, and reasonable, practically introducing the American “due process of law”.
- A Golden Triangle of Rights: Established a strong nexus between Article 14 (equality), 19 (freedoms), and 21 (life and liberty).
📌 Right to Education • Article 21A
Q.22) Article 21A, which makes elementary education a Fundamental Right, applies to children of what age group?
Ans > 6 to 14 years
- The 86th Amendment Act: Inserted Article 21A in 2002, elevating elementary education into a fully justiciable Fundamental Right.
- Specific Age Bracket: Explicitly targets the 6 to 14 years age group.
- Enacting the RTE Act: Implemented via the Right to Education (RTE) Act in 2009.
- Accompanying Fundamental Duty: Added Article 51A(k) making it a duty of parents/guardians to provide education opportunities for this age group.
📌 Preventive Detention • Article 22
Q.23) Under Article 22, the detention of a person under a preventive detention law cannot exceed how many months without the opinion of an advisory board?
Ans > 3 months
- Two Types of Detention: Distinguishes between punitive detention (after trial) and preventive detention (without trial to prevent future crime).
- The Three-Month Limit: Detention cannot exceed 3 months unless an independent advisory board reports sufficient cause.
- Composition of the Advisory Board: Must consist of persons qualified to be appointed as High Court judges.
- The 44th Amendment Nuance: The 44th Amendment attempted to reduce this to 2 months, but that provision was never officially brought into force.
📌 Exploitation • Article 23
Q.24) Which Article prohibits “traffic in human beings and forced labour” (such as begar)?
Ans > Article 23
- Protection Against Exploitation: Protects individuals from exploitation by both the State and private entities.
- Prohibition of Human Trafficking: Encompasses buying/selling humans, immoral traffic (prostitution), and the devadasi system.
- Banning Begar and Forced Labour: Outlaws forced labor without remuneration.
- Exception for Public Purposes: State can impose compulsory service for public purposes (like military conscription) without discrimination.
📌 Child Labour • Article 24
Q.25) Which Article prohibits the employment of children below the age of 14 years in factories, mines, or other hazardous activities?
Ans > Article 24
- An Absolute Prohibition: Strictly bans child labor under 14 in hazardous employment with no exceptions.
- Focus on Hazardous Environments: Originally did not ban non-hazardous work, leading to debates.
- The Child Labour Act: Enacted in 1986; amended in 2016 to ban employment of children below 14 in ALL occupations.
- Harmony with Right to Education: Enforcement is legally linked to Article 21A, ensuring children can participate in compulsory education.
📌 Religious Freedom • Article 25
Q.26) Article 25 guarantees the freedom of conscience and free profession, practice and propagation of religion. It clarifies that the wearing and carrying of kirpans is included in the profession of which religion?
Ans > Sikhism
- Individual Religious Freedom: Available to citizens and non-citizens.
- Limitations on the Right: Subject to public order, morality, health, and other Fundamental Rights.
- The Explicit Clarification for Sikhs: Specifically explains that wearing “kirpans” is deemed included in the profession of the Sikh religion.
- Hindu Denominations Clarification: Clarifies that reference to Hindus in certain contexts includes Sikhs, Jains, and Buddhists.
📌 Denominations • Article 26
Q.27) Which Article grants every religious denomination the right to establish and maintain institutions for religious and charitable purposes?
Ans > Article 26
- Corporate Religious Freedom: Protects the collective freedom of a group to manage its religious and institutional affairs.
- Establishing Institutions: Right to establish and maintain institutions for religious and charitable purposes.
- Right to Manage Affairs and Property: Right to own/acquire property and administer it according to law.
- The Supreme Court’s Criteria: Must have common beliefs, organizational structure, and distinctive name (e.g., Ramakrishna Mission).
📌 Taxes vs Fees • Article 27
Q.28) Article 27 prohibits the State from compelling any person to pay taxes for the promotion of any particular religion. Does this provision prohibit the levy of a fee for regulatory purposes?
Ans > No, it prohibits only the levy of a tax and not a fee
- The Secular Mandate of Taxation: State cannot force tax payment for promoting a *particular* religion.
- Preventing State Patronage: Ensures public money isn’t used to patronize one specific religion over others.
- The Allowance for Multiple Religions: State can spend money if it supports all religions equally without discrimination.
- The Tax vs. Fee Distinction: Prohibits a “tax” but allows a “fee” for providing secular services or regulating religious institutions (quid pro quo).
📌 Religious Instruction • Article 28
Q.29) Which Article prohibits religious instruction in any educational institution wholly maintained out of State funds?
Ans > Article 28
- Classification of Educational Institutions: Application depends on how the institution is funded/administered.
- Complete Prohibition in State Institutions: Wholly maintained by State funds = completely prohibited.
- Permitted in Trust-Administered Institutions: Allowed if established under a trust requiring such instruction, even if State-administered.
- Voluntary Participation Requirement: In State-recognized/aided institutions, it’s permitted but participation must be strictly voluntary.
📌 Cultural Rights • Article 29
Q.30) Under Article 29, the right to conserve a distinct language, script, or culture is granted to:
Ans > Any section of the citizens residing in any part of India
- Scope Beyond Minorities: Though under “Cultural and Educational Rights”, it explicitly applies to “any section of the citizens”.
- Right to Conserve Culture: Protects linguistic groups and tribes from forced assimilation.
- Prohibition of Educational Discrimination: Article 29(2) guarantees non-discrimination in admission to State/State-aided educational institutions.
- Right to Political Agitation: SC ruled the right to conserve language implicitly includes the right to agitate politically for it.
📌 Quick Summary — Polity Set 61
- States Reorganisation: Fazl Ali Commission identified 4 major factors for reorganising states.
- Constitutional Amendment: 100th Amendment (2015) enabled transferring 111 enclaves to Bangladesh.
- State Renaming: Uttaranchal was officially renamed Uttarakhand in 2006.
- UT Renaming: Pondicherry was renamed Puducherry in 2006.
- State Renaming: Orissa became Odisha via the 2011 Act (along with language Oriya to Odia).
- Citizenship Article 5: Does NOT grant citizenship based on property purchase before 1947.
- Citizenship via Return: Returning migrants from Pakistan needed 6 months residency to apply.
- Diaspora Committee: L.M. Singhvi chaired the committee leading to the OCI scheme.
- Single Citizenship: Article 9 expressly forbids dual citizenship upon voluntary acquisition.
- OCI Limitations: OCI cardholders have no right to equality of opportunity in public employment.
- OCI Cancellation: OCI can be cancelled if imprisoned for 2 years within the first 5 years.
- Definition of State: Article 12 defines “State” for enforcing Fundamental Rights.
- Basic Structure: Kesavananda Bharati (1973) established the “basic structure” doctrine.
- Rule of Law: Embodied in Article 14, it is considered a basic feature of the constitution.
- Article 15 Exceptions: Special provisions are allowed for women, children, SEBCs, and EWS.
- OBC Quota: 27% reservation implemented in 1990 based on the Mandal Commission report.
- Untouchability: Article 17 absolutely abolishes untouchability in any form.
- Titles: Article 18 prohibits Indian citizens from accepting foreign titles.
- Co-operatives: 97th Amendment (2011) added co-operative societies to Article 19 freedoms.
- Double Jeopardy: Article 20(2) prevents being prosecuted & punished twice for the same offense.
- Due Process: Menaka Gandhi case (1978) introduced the American concept to Article 21.
- Right to Education: Article 21A guarantees elementary education for children aged 6 to 14.
- Preventive Detention: Cannot exceed 3 months without an advisory board’s approval.
- Exploitation: Article 23 absolutely prohibits human trafficking and forced labor (begar).
- Child Labour: Article 24 bans employment of children under 14 in hazardous industries.
- Religious Freedom: Article 25 specifically includes wearing kirpans as part of Sikhism.
- Denomination Rights: Article 26 grants religious denominations the right to establish institutions.
- Taxes vs Fees: Article 27 prohibits a tax to promote religion, but allows a regulatory fee.
- Religious Instruction: Article 28 bans it in institutions wholly maintained out of State funds.
- Cultural Protection: Article 29 grants the right to conserve culture to “any section of the citizens”.
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