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Showing posts with label Constitution of India. Show all posts
Showing posts with label Constitution of India. Show all posts

Thursday, 4 August 2011

Habeas Corpus Writ


Habeas corpus is a Latin term which means ‘have the body’. The concept of writ of habeas corpus has originated from England. This is a writ or legal action which can be used by a person to seek relief from illegal detention. The writ of habeas corpus saves a person from harm caused by an unfair action of the legal system.
This order of the court obliges a custodian, such as a police officer, to produce the prisoner before the court to determine whether the prisoner was detained based on valid legal grounds. That is, a person who feels that he has been detained in an unjust manner may file the writ of habeas corpus, so that he can be brought before the Court, and the Court can decide the validity and justification of such detention.
The writ of habeas corpus acts as the most effective legal remedy that checks unjust and unlawful detention orders issued by legal authorities. If the Court thinks that the accused was detained without any valid legal justification, it may decide to release the accused. The main purpose of this order is to protect the innocent from being proven guilty.

Writ of Habeas Corpus: Grounds for Unlawful Detention

A detention is considered unlawful when:
  • The detention is made against law
  • The procedure followed for detaining a person is not in accordance with those laid down by the law.
  • The law followed is not valid, as it violates the fundamental rights of a person.

Article 21 of the Indian Constitution provides that no one can be deprived of the right to life or personal liberty; albeit with some exceptions. As per Article 22, a person is entitled to be set free if he is not produced before a magistrate within 24 hours of his arrest.

This writ has been frequently used in a number of cases by various courts. For instance, in Sommersetts case , writ of habeas corpus was issued to secure the release of slaves from an illegal detention. In Ex.P. Daisy Hopkins, writ of habeas corpus was used to release a young lady who had been detained by the Vice Chancellor of Cambridge University to a local prison known as the Spinning House for walking in the streets with a member of the University. Therefore writ of habeas corpus goes a long way in providing an effective remedy in case of unjustified detention by the detaining authority.

The Indian judiciary in a catena of cases has effectively resorted to the writ of habeas corpus mainly in order to secure release of a person from illegal detention. Personal liberty has always been considered a cherished value in India & the writ of habeas corpus protects that personal liberty in case of illegal arrest or detention. As personal liberty is so important, the judiciary has dispensed with the traditional doctrine of locus standi. Hence if a detained person is not in a position to file a petition, it can be moved on his behalf by any other person. The judiciary while going one step further, has also dispensed with strict rules of pleadings. The increasing scope of writ of habeas corpus may be explained with the help of following cases decided by the Indian judiciary.

AIR 1973 SC 2684.
In Kanu Sanyal v. District Magistrate ,
while enunciating the real scope of writ of habeas corpus, the Supreme Court opined that while dealing with a petition for writ of habeas corpus, the court may examine the legality of the detention without requiring the person detained to be produced before it.

AIR 1983 SC 378
In Sheela Barse v. State of Maharashtra
, while relaxing the traditional doctrine of locus standi, the apex court held that if the detained person is unable to pray for the writ of habeas corpus, someone else may pray for such writ on his behalf.

AIR 1993 SC 1960
In Nilabati Behera v. State of Orissa the Orissa police took away the son of the petitioner for the purposes of interrogation & he could not be traced. During the pendency of the petition, his dead body was found on railway track The petitioner was awarded compensation of Rs. 1, 50, 000.

 AIR 1999 SC 1522
In Malkiat Singh v. State of U.P 
, the son of a person was allegedly kept in illegal custody by the police officers. It was established that the son was killed in an encounter with the police. The court awarded Rs. 5,00,000 as compensation to the petitioner.

Conclusion: In this manner, writ of habeas corpus has been used effectively by the judiciary for protecting personal liberty by securing the release of a person from illegal custody

Saturday, 16 July 2011

Preamble to Constitution of India


The Indian Constitution starts with the preamble which outlines the main objectives of the Constitution. It reads:
" WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure all its citizens."
JUSTICE, social economic and political.
LIBERTY, of thought, expression, belief, faith and worship.
EQUALITY, of status and of opportunity, and to promote among them all.
FRATERNITY assuring the dignity of the individual and unity and integrity of the nation.
IN OUR CONSTITUENT ASSEMBLY, this twenty sixth day of November, 1949, do HEREBY ADOPT, "ENACT AND GIVE TO OURSELVES HIS CONSTITUTION ".
Idea of preamble borrowed from Constitution of US.
The words ‘SOCIALIST’, ‘SECULAR’ and ‘UNITY’ & ‘INTEGRITY’ were added by the 42nd Amendment in 1976.
Preamble is not justifiable.

Constitutional Amendments

Constitutional Amendments

The Constitution (First Amendment) Act, 1951
In June 1951, the Constitution (First Amendment) Act was passed, and the following Amendment in the Constitution were inserted : (i) To Article 15, a new clause (4) was added: (ii) clauses (2) and (6) of Article 19 were recast; (iii) After Article 31, Article 31A and 31B were inserted; (iv) For Original Article 85, a new Article was substituted; (v) In Article 87, clauses (1) and (2) were recast; (vi) For the Original Article 174, a new Article was substituted; (vii) In Article 176, clauses (1) and (2) were recast: (viii) Clause (1) of Article 341 was recast; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of clause (3) of Article 372, and clause (1) of Article 376 were also recast; (ix) After the Eight Schedule to the Constitution a Ninth Schedule was added and thirteen laws passed by State Legislatures were included in it so that those Acts might not be challenged in courts.

The main purpose of the Amendment was the removal of certain practical difficulties created by court decisions in several cases such as Kameshwar Singh vs. State of Bihar, Romesh Thapar vs. State of Madras, Brij Bhusan vs. State of Delhi and Motilalvs. Government of Uttar Pradesh. The issues involved in these cases were numerous, such as the scope of the fundamental right of freedom of speech, acquisition of Zamindari (land) of intermediaries, conflict between a citizen’s fundamental right to practise any profession, or to carry on any business or trade (Article 19) and state monopoly of any trade, and so on.
 
The Constitution (Second Amendment) Act, 1952
The Second Amendment amended Article 81 in order to remove the prescribed limit of 7,50,000 of the population for one member to be elected to the Lok Sabha. According to the original provision, at least on member was to be elected to the Lok Sabha for every 7,50,000 of the population. It was further provided that the maximum number of elected member to the Lok Sabha should not exceed 500.
 
The Constitution (Third Amendment) Act, 1954
The Third Amendment brought about changes in the Seventh Schedule consisting of the three legislative lists and entry 33 of the Concurrent List was substituted by a new one.
 
The Constitution (Fourth Amendment) Act, 1955
Article 31 and 31A were amended by the Constitution Fourth Amendment Act. Clause (2) of Article 31 clause (1) of Article 31A were substituted by new clauses as. As a result of these, the adequacy of the quantum of compensation paid for the compulsory acquisition of property for ‘a public purpose’ could not be questioned in a court of law. It also amended Article 305 and the Ninth Schedule.
 
The Constitution (Fifth Amendment) Act, 1955
The Constitutional Fifth Amendment Act amended Article 3. in the Constitution there was no time limit during which a State Legislature should express its boundaries, which the Centre may like to make. With the help of this amendment is was provided that the State will be required to express its views on such matters within such period as may be specified in the reference or within such further period, as the President may allow.
 
The Constitution (Sixth Amendment) Act, 1956
In this Act, the Seventh Schedule to the Constitution was amended and in the Union List, a new entry was added after entry 92 in the State List, a new entry was substituted for entry 54. it also amended Articles 269 and 286 dealing with inter-state Sales-tax.

The Constitution (Seventh Amendment) Act, 1956
The Seventh Amendment brought about the most comprehensive changes so fair in the Constitution. This amendment was designed to implement the State Reorganisation Act. The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.
 
The Constitution (Eight Amendment) Act, 1959
The Act extended the period of reservation seats in Lok Sabha and State Legislatures for the Anglo-Indians, the Scheduled Castes and Scheduled Tribes by another 10 years.

The Constitution (Ninth Amendment) Act, 1960
It provided for the transfer of certain territories of India to Pakistan under and agreement between India and Pakistan as a part of a comprehensive settlement of border disputes between the two countries.

The Constitution (Tenth Amendment) Act, 1961
The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation making powers of the President.

The Constitution (Eleventh Amendment) Act, 1961
It amends Article 71 so as to make it clear that the election of the President or the Vice-President shall not be challenges on the ground of any vacancy for whatever reason in the appropriate electoral college. It also obviates the necessity of a joint meeting of the two Houses of Parliament (Article 66) by constituting them into an electoral college for the election of the Vice-President.

The Constitution (Twelfth Amendment) Act, 1962
The main object of the Amendment was to add Union Territories of Goa, Daman and Diu to the Union of India and for this First Schedule of the Constitution was amended.
 
The Constitution (Thirteenth Amendment) Act, 1962
The Act provides the creation of Nagaland as the Sixteenth State of the Union. The Amendment provides also for the vesting of certain special responsibilities in the Governor of Nagaland.

The Constitution (Fourteenth Amendment) Act, 1962
The amendment provides for the incorporation of the former French Establishments in India, under the name Pondicherry, as an integral part of the territory of the Indian Union. it also amended Article 31 to increase, from a maximum 20 to 25, the number of seats assigned in the Lok Sabha for the Union Territories.
 
The Constitution (Fifteenth Amendment) Act, 1963
The amendment raised the retirement age of High Court. Judge from 60 to 62 years. It also empowered the various High Courts to hear cases against to the Union Government.
 
The Constitution (Sixteenth Amendment) Act, 1963
The Act seeks to enable Parliament to make laws provident penalty for any person questioning the sovereignty and integrity of India. Under the provisions of the this Amendment, a person shall not be qualified to be chosen to fill a seat in Parliament or in the Legislature of State unless, inter-alia, he maker or subscribes before a person authorised by the Election Commission an oath or affirmation that he will bear true faith and allegiance to the Constitution and will uphold the sovereignty and integrity of India.
 
The Constitution (Seventeenth Amendment) Act, 1964
The Act amend the definition of the term ‘estate’ in Article 31A to include lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enact-ments. It also amends the Ninth Schedule of the Constitution to include therein 44 State enactment relation to land reforms in order to remove any uncertainty or dobut that may arise with regard to their validity.
 
The Constitution (Eighteenth Amendment) Act, 1966
The amendment provides for the creation of new States, namely, Punjab and Haryana as a result of the reorganisation of the former State of Punjab and the Union Territory of Himachal Pradesh.

The Constitution (Nineteenth Amendment) Act, 1966
The Act modified Article 324 so as to terminate the jurisdiction of election tribunals to decide election disputes. The Amendment withdrew from the Election Commission the power of setting up election tribunals.

The Constitution (Twentieth Amendment) Act, 1966
The Act inserts a new Article 233A immediately after Article 233 in order to validate the appointment of District Judges, which might not have conformed fully to the different Constitutional requirements, which were in existent prior to 1966.
 
The Constitution (Twenty-first Amendment) Act, 1967
It amended the Eight Schedule to the Constitution by including ‘Sindhi’ therein.                                     

The Constitution (Twenty-second Amendment) Act, 1969
The amendment conferred legislative power on Parliament for the purpose of creating and autonomous Hill State within the State of Assam. Accordingly, Parliament passed the Assam Reorganization (Meghalaya) Act 1969 to set up the State of Meghalaya within the State of Assam.

The Constitution (Twenty-third Amendment) Act, 1969
It deals with the questions of reservation of seat in Parliament and State Assemblies for Scheduled Castes, Scheduled Tribes and Anglo-Indian and further extend the period of reservation by another ten years, which means in effect thirty years from the commencement of the Constitution.

The Constitution (Twenty-fourth Amendment) Act, 1971
It amends Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof. It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend fundamental rights.

The Constitution (Twenty-fifth) Amendment Act, 1971
The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Upto 1971, the position was that fundamental rights prevailed over the directive principles of State Policy and that a law enacted to implement a directive principle could not be valid if it conflicted with a fundamental right. Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.
 
The Constitution (Twenty-sixth Amendment) Act, 1971
It abolishes Articles 291 and 362 of the Constitution and also inserts a new Article 362A after Article 363. the cumulative effect of these changes is the end of the recognition granted to the former rulers of Indian States and the abolition of Privy Purses.
 
The Constitution (Twenty-seventh Amendment) Act, 1971
The Act was enacted to implement the decision to establish the Union Territory of Mizoram. It empowered Parliament to create a legislature and Council of Minister for the new territory.

The Constitution (Twenty-eight Amendment) Act, 1972
The amendment deletes Article 314 of the Constitution, whish had given protection to the I.C.S. Officers, condition of service and privileges and inserted a new Article 312A.

The Constitution (Twenty-ninth Amendment) Act, 1972
By the twenty-ninth Amendment Act, 1972 two Kerala Acts dealing with land reforms were included in the 9th Schedule to the Constitution.
 
The Constitution (Thirtieth Amendment) Act, 1972
By this amendment Article 133 was recast so as to redefine the Civil Appellate Jurisdiction of the Supreme Court. The result of this Amendment is that while any case involving an important question of law can reach the Supreme Court by way of appeal, a case however large the amount involved therein but involving no substantial point of law, would fail to reach the Supreme Court.

The Constitution (Thirty-first Amendment) Act, 1973
By this amendment, the strength of the Lok Sabha was increased from 525 to 545 members. This was done to accommodate the increase in population as revealed by the 1971 Census. Accordingly, Article 81(i)(a) was suitably amended.
 
The Constitution (Thirty-second Amendment) Act, 1973
The amendment Act was enacted to make few special provisions for the State of Andhra Pradash to satisfy the aspirations of the people of the Telangana region.

The Constitution (Thirty-third Amendment) Act, 1974
It amended Articles 101 and 190. Before this Amendment, the resignation of a member of legislature became effective the moment it was tendered. This position is now changed. A resignation becomes effective only after it has been accepted by the Presiding Officer of the House concerned who may refuse to accept the same if he is satisfied that the resignation is not voluntary or genuine. This precautionary provision appeared to be necessary to avoid the members of Parliament or state legislatures being forced to resign.
 
The Constitution (Thirty-fourth Amendment) Act, 1974
By this amendment twenty State Acts concerning land ceiling and land tenure reforms were added to the Ninth Schedule to the Constitution.
 
The Constitution (Thirty-fifth and Thirty-sixth Amendment) Acts, 1974-1975
The 35th Amendment Act introduced and innovation in the Indian Constitution by conferring on Sikkim the status of an associate in the Indian Union. This was however, a short-lined experiment. The people of Sikkim desired to be and integral part of India. Accordingly, the Constitution Thirty-sixth Amendment Act was enacted in 1975 to confer full-fledged statehood on Sikkim.
 
The Constitution (Thirty-seventh Amendment) Act, 1975
The Amendment upgraded the status of Arunachal Pradesh as a Union Territory. Articles 239A and 240 were amended so as to authorize Parliament to create for Arunachal Pradesh a Legislature and Council of Ministers.
 
The Constitution (Thirty-eight Amendment) Act, 1975
This Amendment Act was enacted during the emergency to make certain modification in the emergency provisions. The Presidential ‘satisfaction’ to issue a proclamation was declared to be final and conclusive. A classificatory clause was added to Article 356(1) so as to make Presidential ‘satisfaction’ to issue a proclamation there under as ‘final and conclusive’ which shall not be questioned in any court on any ground.

This Amendment also declared that the ‘satisfaction’ of the president and a State Governor to issue ordinances would be ‘final and conclusive’ and shall not be questioned in any court on any ground’.
 
The Constitution (Thirty-ninth) Amendment) Act, 1975
The voiding of the election the Lok Sabha of PM Indira Gandhi by the Allahabad High Court in 1975 on the pertion of Raj Narain led to the enactment of the 39th Amendment Act, 1975. it introduced changes in the method deciding election disputes relating to the four high official of the state, viz. President, Vice-President, Prime Minister and the Speaker. Under the new Article 71(2), Parliament by the law was to establish some ‘authority’ or ‘body’ for deciding such disputes, and its decisions have not be challengeable in any court.
 
The Constitution (Fortieth Amendment) Act, 1976
The Amendment Act extended immunity to 64 Central and State statues by including them in the IX Schedule. These statues pertained to lad reform, Urban Ceiling and prevention of publication of objectionable matter.
 
The Constitution (Forty-first Amendment) Act, 1976
The Constitution Forty-first Amendment Act, 1976 raised the age of retirement of the chairman and members of state public service Commissions from 60 to 62.
 
The Constitution (Froty-second Amendment) Act, 1976
The 42nd Constitutional Amendment Act brought a number of changes in the Constitution. The Act inter-alia gave preponderance to the Directive Principles of State Policy over the Fundamental Rights. Established the supremacy of Parliament and curtailed the powers of Judiciary. The Act was first of its kind. Is was the most comprehensive Act and touched almost all the sensitive areas of the Constitution. The Amendment was meant to enhance enormously the strength of the Government.

The major Amendments made in the Constitution by the 42nd Amendment Act are:                              

Preamble
The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’. The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation’.

Parliament and state legislatures : The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.

Executive : It amended Article 74 to state explicitly that the President shall act in accordance with the advice of the Council of Ministers in discharge of his functions.

Judiciary : The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of a State law. Another new provision. Article 131A, gave the Supreme Court and exclusive jurisdiction to determine question relating to the Constitutional validity of a central law.

Article 144A and Article 128A, the creatures of Constitutional Amendment Act made further innovation the area of judicial review of the Constitutionality of legislation. Under Article 144A the minimum number of judges of the Supreme Court to decide a question of a Constitutional validity of a central or State law was fixed as at least seven and further, this required two-two-thirds majority of the judges sitting declare law as unconstitutional. While the power of the High Court enforce fundamental rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.

Federalism : The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the union, or any other force under its control. For dealing with any grave situation of law and order in any State.

Fundamental Rights and Directive Principles: A major change that was made by 42nd Constitutional Amendment was to give primacy to all directive principles over the fundamental right contained in Articles 14, 19 or 31. the 42nd Constitutional Amendment added a few more directive principles free legal aid, participation of workers in management of industries, protection for environment and protection of forests and wildlife of the country.

Fundamental Duties : The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the fundamental duties to the citizens.

Emergency : Prior to 42nd Amendment Act, the President could declare emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorised the President to proclaim emergency in any part of the country.

The dominant thrust of the Amendment was to reduce the role of courts, particularly, that of the High Courts. It also sought to strengthen Parliament in various ways which in effect, added to the power of the Central Government it drew enormous criticism particularly for it was pushed through during Emergency.
 
The Constitution (Forty-third Amendment) Act, 1977
In 1977, the Emergency came to an end the Janata Party came into power. It made an election pledge that it would repeal the 42nd Amendment and restore the status quo ante. The 43rd Amendment repealed some of the provisions of the 42nd Amendment. Article 31D has also been omitted.
 
The Constitution (Forty-forth Amendment) Act, 1978
The 44th Amendment passed in 1978 undid most of the distortions introduced into the Constitution by the 42nd Amendment of the Constitution. The salient features of the Amendment Act are as follows :
  1. It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restored thestatus quo ante.
  2. It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President.
  3. A new provision was added to Article 74(1) saying that the President cold require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration.
  4. Article 257A was omitted.
  5. It has been provided that an Emergency can be proclaimed only on the basic of written advice tendered to the President by the cabinet.
  6. Right the property has been taken out from the list of Fundamental Rights and has been declared a legal right.
     
The Constitution (Forty-fifth Amendment) Act, 1980
The purpose of the Amendment was to continue reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the State Assemblies for another 10 years, i.e., upto 1990. the same concession is extended to the Anglo-Indians who may have representation by nomination in these chambers.
 
The Constitution (Forty-sixth Amendment) Act, 1982
The Forty-sixth Amendment enables the State Governments to plug loopholes and realise sales-tax dues on the one hand and on the other aims at bringing about some uniformity in tax rates in case of certain items.
 
The Constitution (Forty-seventh Amendment) Act, 1984
This Amendment adds 14 State Acts dealing with land to the IX Schedule.
 
The Constitution (Forty-eight Amendment) Act, 1984
The purpose of the Amendment was to extend President’s rule in Punjab for two years. Under Article 356(5) President’s rule can last in a State for a maximum period of one year. But the conditions in Punjab did not permit holding of fresh elections and accordingly, extension of President’s rule became imperative.
 
The Constitution (Forty-ninth Amendment) Act, 1984
the purpose of this Amendment is to take out the Tribal areas of Tripura from Schedule V and put them in Schedule VI.
 
The Constitution (Fiftieth Amendment) Act, 1984
This Amendment substitutes an expounded Article 33 for the old Article by the new Article 33, Parliament is authorised to curtail the fundamental rights of the members of the armed forces, forces charged with the maintenance of public order, intelligence organisations or telecommunication systems set up for any force or intelligence bureau, with a view to ensure the proper discharge of duties by and maintenance of discipline among those persons in the interest of country’s security.
 
The Constitution (Fifty-first Amendment) Act, 1984
 the Amendment effectuates some changes in Articles 330 and 332 with a view to provide for reservation of seats in the Lok Sabha for Scheduled tribes in Meghalaya, Aruncahal Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.
 
The Constitution (Fifty-second Amendment) Act, 1985
The amendment is designed to prevent the scourge of defection of members of Parliament and State legislatures from one political party to another.
 
The Constitution (Fifty-third Amendment) Act, 1986
The amendment Act elevated the Union Territory of Mizoram to the status of a State.
 
The Constitution (Fifty-fourth Amendment) Act,1986
The Salaries of the Judges of the Supreme Court and the High Courts have been enhanced by the 54th Amendment Act, 1986. accordingly, a Judge of the Supreme Court gets a salary of Rs. 9,000 per mensem and the salary of the Chief Justice is Rs. 10,000 per mensem. A Judge of the High Court gets a salary of Rs. 8,000 per mensem and the salary of the Chief Justice of the High Courts is Rs. 9,000 per mensem.
 
The Constitution (Fifty-fifth Amendment) Act, 1986
The Union Territory of Arunchal Pradesh was elevated to the status of a State by the 55th Amendment Act.
 
The Constitution (Fifty-sixth Amendment) Act, 1987
Constitution (56the Amendment) Act, 1987 inserting Article 394A, to make the Hindi text of the Constitution authoritative.
 
The Constitution (Fifty-seventh Amendment) Act, 1987
The Constitution (57th Amendment) Act, 1987 with the Goa, Daman and Diu Reorganisation Act, 1987 lifts Goa from the status of Union Territory to that of the 25th State of the Union of India.
 
The Constitution (Fifty-eight Amendment) Act, 1987
The Amendment Act provides the reservation of seats for tribals in the Legislative Assemblies of Arunchal Pradesh, Meghalaya, Mizoram and Nagaland.
 
The Constitution (Fifty-ninth Amendment) Act, 1988
The Act empowered the Government to impose emergency in Punjab on the grounds that india’s integrity was threatened by internal disturbances.
 
The Constitution (Sixtieth Amendment) Act, 1988
The Amendment Act authoriese State Governments to increase the ceiling on professional tax from Rs. 250 to Rs. 2,500 per person per annum.

The Constitution (Sixty-first Amendment) Act, 1988
The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.
 
The Constitution (Sixty-second Amendment) Act, 1990
The 62nd Amendment Act extends by 10 years the reservation of seats for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies as well as nomination representatives of the Anglo-Indian community.
 
The Constitution (Sixty-third Amendment) Act, 1990
The Amendment Act repealed the 59th Constitution amendment which empowered the Government to impose emergency in Punjab.

The Constitution (Sixty-fourth Amendment) Act, 1990
The Amendments Act seeks to extend President’s rule in Punjab for further six months.                       

The Constitution (Sixty-fifth Amendment) Act, 1990
Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

The Constitution (Sixty-sixth Amendment) Act, 1990
The Act protects fifty-five State Acts relating to land reforms and ceiling on agricultural land holdings, enacted by States of Andhra Pradesh, Karnataka, Kerala, Madhya Pradesh, West Bengal and Union Territory of Pondicherry, from challenge in courts, by including them in the Ninth Schedule to the Constitution.

The Constitution (sixty-seventh Amendment) Act, 1991
The Amendment Act seeks to extend President’s rule in Punjab for further six months i.e., upto may 10,1991.


The Constitution (Sixty-eight Amendment) Act, 1991
The Amendment Act seeks to extend President’s Rule in Punjab for further six months after May 1991.

The Constitution (Sixty-ninth Amendment) Act, 1991
The Amendment Act seeks grant of Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council Ministers for Delhi.

The Constitution (Seventy Amendment) Act, 1992
It facilitates for members of Delhi and Pondicherry assemblies to participate in the election of the President.

The Constitution (Seventy-first Amendment) Act, 1992
The amendment facilitates for the inclusion of Napali, Manipuri and Konkani in the eight schedule of the Constitution. With the inclusion of these three languages, the number of languages in the Eight Schedules goes up to 18.

The Constitution (Seventy-second Amendment) Act, 1992
For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions prevailed, Memorandum of Settlement was signed by the Government of India with Tripura National Volunteers on August 12,1988.

In order to implement the said Memorandum, Article 332 of the Constitution (Seventy-second Amendment) Act, 1992 for making a temporary provision for the determination of the number of seats reserved for the Scheduled Tribes in the State Assemble of Tripura, until the re adjustment of seats is made on the basis of the first census after the year 2000 under Article 170 of the Constitution

The Constitution (Seventy-third Amendment) Act, 1992
The Seventy-third Constitutional Amendment Act, 1992 was passed by the Parliament on December 22nd, 1992 which was notified by the Central Government through Official Gazette on April 20,1993 as it gote rectification by the State legislatures and was assented to by the President of India. After notification the Panchayati Raj institutions have now got Constitutional legitimacy.

After part VIII of the Constitution a separate part IX has been added to the Constitution with the addition in Article 243A and fresh schedule called Eleventh schedule enumerating the powers and functions of Panchayti Raj Institutions has been incorporated. The Act provides for Gram Sabha, a three-tiermodel of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.
 
The Constitution (Seventy-fourth Amendment) Act, 1992
The Act provides constitutional status to urban local bodies. After part VIII of the Constitution a separate part IXA has been added to the Constitution with the addition in Article 243A and fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated. The Act provides Municipal Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

The Constitution (Seventy-fifth Amendment) Act, 1993
It has amended Article 323-B and added a new clause (h) providing for establishment of tribunals for rent control cases.

The Constitution (Seventy-sixth Amendment) Act, 1994
This Amendment Act raises the reservation quota of government jobs and seats for admission in the educational institutions in favour of socially and educationally backward classes to 69 per cent in Tamil Nadu. Further, the Amendment Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny.

The Constitution (Seventy-eight Amendment) Act, 1995
This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State. This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

The Constitution (Seventy-eight Amendment) act 1995
This amendment has amended the Ninth schedule of the Constitution and inserted 27 Land Reform Act of Various States in the Ninth Schedule. After this the total number of Act included in the Ninth Schedule has gone upto 284. now these Acts cannot be challenged in the courts on the plea for the violation of Fundamental Rights.

The Constitution (Seventy-ninth Amendment) Act 1999
By this Act the Government has extended the reservation of seats for the Scheduled Castes and the Scheduled Tribes as well as fro the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years.

The Constitution (Eightieth Amendment) Act, 2000
Based on the recommendations of the Tenth Finance Commissions, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares.

The Constitution (Eighty-first Amendment) Act, 2000
By this amendment the unfilled vacancies of a year which reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision of reservations made under Article 16 of the Constitution shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year.

The Constitution (Eighty-second Amendment) Act, 2000
The amendment provides that nothing in Article 335 shall prevent the State from making any provisions in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.

The Constitution (Eighth-third Amendment) Act, 2000
The Act amended0 Article 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.

The Constitution (Eighty-fourth Amendment) Act, 2001
The Act amended provisions to Article 82 and 170(3) of the Constitution to readjust and rationalise the territorial constituencies in the States, without altering the number of seats allotted to each State in the House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes Constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies.

The Constitution (Eighty-fifth Amendment) Act, 2001
This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

The Constitution (Eighty-sixth Amendment) Act, 2002
With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education. The Act amends in Part-III, Part –IV and Part-IV(A) of the Constitution.

The Constitution (Eighty-seventh Amendment) Act, 2003
The Amendment provides for readjustment of electoral constituencies, including those reserved for the Scheduled Castes and the Scheduled Tribes, based on the population census for the year 2001, without affecting the number of seats allocated to States in the legislative bodies.

The Constitution (Eighty-Eight Amendment) Act, 2003
The Act amends Article 268, 270 and VIIth Schedule of the Constitution. It adds 92C just after 92B and makes provisions for Tax on Services.

The Constitution (Eighty- ninth Amendment) Act, 2003
The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

The Constitution (Ninetieth Amendment) Act, 2003
The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

The Constitution (Ninety-one Amendment) Act, 2003
The Act makes provisions for limiting the size of the Council of Ministers at the center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless re-elected.

The Constitution (Ninety- two Amendment) Act, 2003
The Amendment facilitates for the inclusion of Bodo, Dogari, Maithili and Sanhali in the VIII Schedule of the Constitution. With the inclusion of these four languages, the number of languages in the VIII Schedule goes upto 22.

Ninety- third Amendment (2005)
Providing reservation for the socially and educationally backward classes, besides the Schedules Castes and the Scheduled Tribes, in private unaided educational institutions.
 
Ninety-fourth Amendment (2006)
The Constitution provides that there shall be Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Casts and backward classes or any other work in the State of Bihar, Madhya Pradesh and Orissa.

Citizenship in India




Citizenship in India


Legal provisions relating to acquisition and termination of citizenship of India are contained in the Citizenship Act, 1955.
Citizenship of India can be acquired by:





Citizenship by Birth
  Every person born in India on or after the 26th January, 1950, is a citizen of India by birth except if at the time of his birth-
  1. his father possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and is not a citizen of India; or
  2. his father is an enemy alien and the birth occurs in a place than under occupation by the enemy.


From 1st July, 1987 i.e. the date of enforcement of the Citizenship
(amendment) Act, 1986, except as provided at 9a) & 9b) above, every person born in India on or after 26th January, 1950 but before the commencement of the act and on or after such commencement and either of whose parents a citizen in India at the time of his birth, shall be citizen of India by birth.

A person born outside India-

  1. On or after 26th January, 1950, but before the commencement of the Citizenship
( Amendment ) act, 1992, shall be a citizen of India by descent if his father is a citizen of India at the time of his birth; or
(b) On or after such commencement, shall be a citizen of India by descent if either of his parents is a citizen of India at the time of his birth:
Provided further if either of the parents of such a person referred to in clause (b) was a citizen of India by descent only, that person is not be a citizen of India by virtue of this section unless-
  1. his birth is registered at an Indian Consulate within one year of its occurrence or the commencement of the Citizenship ( amendment ) act, 1992, whichever is later , or, with the permission of the Central Government, after the expiry of the said period; or
  2. either of his parents is at the time of his birth, in service under a Government of India.

Subject to certain conditions and restrictions, the Central Government, in the Ministry of home Affairs, may, on application made in this behalf, register as a citizen of India any person who is not already such citizen and belongs to any of the following categories-
  1. Persons of Indian origin who are ordinarily resident in India and have been so resident for five years immediately before making an application for registration. Prior to the coming into force of the Citizenship (Amendment) Act, 1986 i.e. 1st July 1987, this period was six months.
  2. Persons of Indian origin who are ordinarily resident in any country or place outside undivided India;
  3. Persons who are or have been married to citizens of India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration. Prior to the Citizenship ( amendment ) act, 1986 the clause read " women who are or have been married to citizens of India"
  4. Minor children of persons who are citizens of India; and
  5. Persons of full age and capacity who are citizens of a country specified in the first Schedule of the citizenship Act, 1955 ( appendix 14.I)
Where an application is made in the prescribed manner by any person of full age and capacity who is not a citizen of a country specified in the First Schedule 14.I for the grant of a certificate of a naturalization to him, the Central Government may, if satisfied that the applicant is qualified for naturalization under the provisions if the Third Schedule, grant to him a certificate of naturalization.

Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished services to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule of Citizenship act, 1955.


The person to whom a certificate of naturalization is granted shall, on taking a oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.
If any territory becomes a part of India, the Central Government, may by orders notified in the Official Gazette, specify the persons who shall be citizens of India by reasons of their connection with that territory, and those persons shall be citizens of India as from the date to be specified in the order.
Citizenship is terminated either by renunciation or acquisition of citizenship of another country.
If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his Indian citizenship; the declaration shall be registered by the prescribed authority, and upon such registration, that person shall cease to be a citizen of Indian. Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central government otherwise directs.

Where a person ceases to be a citizen of India every minor child of that person shall thereupon cease to be a citizen of India, provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.


For the purpose of this section. Any woman who is, or has been, married shall be deemed to be of full age

Any citizen of India who by naturalization, registration or otherwise voluntarily acquires, or has at any time between the 26th January 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country, cease to be a citizen of India. However, this does not apply to a citizen of India, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs.


If any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.
The Central government under section 10 of the Indian citizenship Act, 1955 deprives any citizen of Indian Citizenship if it is satisfied that-
  1. the registration or certificate of naturalization was obtained by means of fraud, false representation or concealment of any material fact; or
  2. that citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established; or
  3. that citizen has, during the war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with, any business that was to his knowledge carried on in such manner as to assist any enemy in that war; or
  4. that citizen has, within five years after registration or naturalization, been sentenced in any country to imprisonment for a term of not less than two years; or
  5. That citizen has been ordinarily resident out of India for a continuos period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government of India or of an International organization of which India is a member, nor registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India.
  6. The Central Government shall not deprive a person of citizenship unless it is satisfied that it is not conducive to the public good that person should continue to be a citizen of India.