BASIC STRUCTURE OF THE CONSTITUTION

IN SHANKARI PRASAD CASE IN 1951,SUPREME COURT HAS SAID THAT PARLIAMENT HAS RIGHT TO AMEND ANY LAW AND TAKE AWAY ANY OF THE FUNDAMENTAL RIGHTS FROM THE CONSTITUTION.
IN GOLAK NATH CASE 1967,THE SUPREMEN COURT HAS SAID THAT PARLIAMENT DOESN'T HAVE THE POWER TO AMEND OR CHANGE THE FUNDAMENTAL RIGHT OF THE CONSTITUTION.
THE PARLIAMENT HAS REACTED TO THIS ORDER OF THE SUPREME COURT AND SAID PARLIAMENT ENACTED 24th AMENDMENT WHICH STATES THAT PARLIAMENT HAS THE RIGHT TO AMEND OR CHANGE ANY OF THE LAW OF THE CONSTITUTION AND WILL NOT COME UNDER LAW.
IN KESHWANAND BHARTI CASE,SUPREME COURT HAS OVERRULED IT PREVIOUS ORDER AND SAID THAT PARLIAMENT HAS THE POWER TO CHANGE OR WITHDRAW ANY OF THE FUNDAMENTAL RIGHT,BUT THE CONDITION IS IT SHOULD NOT CHANGE THE BASIC STRUCTURE OF THE CONSTITUTION.

PARLIAMENT IN 1976 HAS REACTED TO THE ORDER OF THE SUPREMEN COURT BY MAKING AN AMENDMENT CALLED 42nd AMENDMENT AND SAID THAT PARLIAMENT HAS THE RIGHT TO CHANGE OR ALTER ANY LAW AS MANY TIMES ITS WANT AND IT SHOULD NOT BE QUESTIONABLE TO ANY COURT OF LAW.
BUT IN MIERVA HILL CASE THE SUPREMENT COURT HAS SAID THAT IT IS TOTALLY ILLOGICAL AND CANNOT BE IMPLEMTED AS IT IS AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION AND SAID THAT BASIC STRUCTURE OF THE CONSTITUTION COMPRISE OF JUDICIAL REVIEW.


THE BASIC STRUCTURE OF THE CONSTITUTION ::::
SUPREMENT COURT OR OUR CONSTITUTION HAS NOT YET DEFINED WHAT IS THE BASIC STRUCTURE OF THE CONSTITUTION BUT BY THE VARIOUS JUDGEMENTS OR ORDERS,,,,,THE BASIC STRUCTURE OF THE CONSTITUTION ARE::::
SUPREMACY OF THE CONSTITUION.
SECULAR STRUCTURE OF THE CONSTITUTION
SOVERIGN STRUCTURE OF THE CONSTITUTION
JUDICIAL REVIEW
SEPERATION OF POWER BETWEEN LEGISLATIVE,EXECUTIVE AND JUDICIARY
UNITY AND INTEGRITY OF THE NATION
FEDERAL STRUCTURE OF THE CONSTITUTION
FREEDOM AND DIGNITY OF THE INDIVIDUAL.
FAIR ELECTION 
PRINCIPLE OF EQUALITY
REASONALBLE BEHIND EVERTHING
 
 

AMENDMENT OF THE CONSTITUTION

INDIAN CONSTITUTION,IN ORDER TO ADAPT WITH THE CHANGING CONDITION,AMENDMENT ARE POSSIBLE.
ARTICLE 368 OF THE CONSTITUTION DEAL WITH THE AMENDMENT OF THE CONSTITUTION.
IT SAYS THAT BASIC STRUCTUTRE OF THE CONSTITUTION CAN NEVER BE CHANGED.
THIS WAS THE DECISION OF THE SUPREME COURT IN KESHWANAND CASE IN 1973.

PROCEDURE OF THE AMENDMENT::
 AN AMENDMENT IN THE CONSTITUTION CAN BE DONE IF IT IS PRESENTED IN ANY HOUSE OF THE PARLIAMENT AND NOT IN THE LEGISLATURE.
AN BILL CAN BE PRESENTED IN THE PARLIAMENT BY ANY PRIVATE MEMBER OR MINISTER AND IT DOESN'T REQUIRE ANY PRIOR PERMISSION OF THE PRESIDENT.
A BILL CAN BE PASSED IN THE PARLIAMENT IF THERE IS 50% OF THE MAJORITY OF THE ATTENDENCE IN THE PARLIAMENT AND  OUT OF WHICH THE PASSING MAJORITY IS 2/3 OF THE MAJORITY.i.e 66% OF THE MEMBER PRESENT.
EACH HOUSE MUST PASS THE BILL SEPERATELY AND IN THE CASE OF DISAGREEMENT,THERE IS NO PROVISION OF JOINT SITTING OF THE PARLIAMENT.
IF THE BILL IS NEEDED TO SEEK THE CHANGE IN FEDERAL PROVISION OF THE PARLIAMENT,THEN THERE MUST BE 50% LEGISLATURE APPROVAL OF THE STATE AS WELL.
AFTER THE PASSING OF THE BILL BY BOTH THE HOUSES OF THE PARLIAMENT AND IF NECCESSARY,50 % OF THE LEGISLATURE APPROVAL BY THE STATE,THE BILL IS PRESENTED BEFORE THE PRESIDENT FOR HIS ASSENT.
THE PRESIDENT MUST GIVE THE APPROVAL TO THE BILL.
HE CAN NEITHER WITHHOLD THE ASSENT NOR RESEND THE BILL TO THE PARLIAMENT FOR RECONSIDERATION.
AFTER THE PRESIDENT ASSENT TO THE BILL,THE BILL BECOMES THE ACT.

  TYPES OF AMENDMENT::::
 AN AMENDMENT IN THE PARLIAMENT CAN BE PASSED IN THREE WAYS::::
1)FIRST TYPE IS SIMPLE MAJORITY OF THE PARLIAMENT.
2)SECOND IS THE SPECIAL MAJORITY OF THE PARLIAMENT.
3)THIRD IS THE SPECIAL MAJORITY OF THE PARLIAMENT AND 50% RATIFICATION OF THE STATES.
THE PROVISION WHICH CAN BE DONE BY FIRST TYPE OF AMENDMENT ARE ::::
CREATION OF NEW STATE,
ALTERNATION OF BOUNDARIES OF THE STATES.
ABOLITION OR CREATION OF LEGISLATIVE ASSEMBLY IN THE STATE.
EMOLUMENT OF PRESIDENT,JUDGES,SPEAKERS ETC.
SALARIES OF PARLIAMENT MEMBER.
USE OF OFFICIAL LANGUAGE.
USE OF ENGLISH IN THE PARLIAMENT.

THE AMENDMENT THAT CAN BE DONE BY SECOND TYPE OF AMENDMENT ARE::::
FUNDAMENTAL RIGHT
FUNDAMENTAL DUTIES AND ALL OTHER PROVISION THAT ARE NOT DESCRIBE IN FIRST AND THIRD.

THE AMENDMENT THAT CAN BE DONE IN THE THIRD TYPE OF AMENDMENT ARE::::
ELECTION OF PRESIDENT
REPRESENTATION OF STATE IN PARLIAMENT.
SUPREMENT COURT JUDGES
ARTICLE 368 ITSELF i.e TO AMEND THE CONSTITUTION
EXTENT OF EXECUTIVE POWER OF UNION AND STATES .




 

FUNDMENTAL RIGHTS--PART2

ARTICLE 25::
THIS ARTICLE SAYS THAT ANY PERSON IS FREE TO CONSCIENCE,PRACTICE,PROPOGATE AND PROFESS HIS RELIGION.
EVERYONE HAS THE RIGHT TO PRACTICE HIS/HER RELIGION.
NO ONE CAN STOP ANYONE TO PRACTICE AND PREACH HIS/HER RELIGION.
THIS ARTICLE ALSO STATES THAT SIKH,JAIN AND BUDDHISM ARE ALSO THE PART OF HINDI RELIGION.
THIS ARTICLE DEAL WITH THE INDIVIDUAL RIGHT TO ACCESS HIS/HER RELIGION.

ARTICLE 26::
THIS ARTICLE DEAL WITH ACCESS OF RELIGION TO AN ORGANISATION.
THIS STATES THAT A GROUP WITH SAME RELIGION HAS RIGHT TO ACCESS HIS/HER RELIGION THROUGH ORGANISATION.
SO THE SAME RIGHT THAT HAS BEEN GIVEN TO INDIVIDUAL IN ARTICLE 25 HAS BEEN GRANTED TO A PARTICULAR ORGANISATION IN ARTICLE 26.

ARTICLE 27::
NO STATE TAX OR MONEY SHOULD BE SPENDED IN PREACHING A PARTICULAR RELIGION.
THIS IS A CRIMINAL OFFENCE TO PREACH A RELIGION ON THE BASE OF GOVERNMENT MONEY.
BUT IN CONSTITUTION,IT HAS BEEN SAID THAT STATE CAN PROVIDE THE SPECIAL CONCESSION  TO THE PILGRIM ON THE PILGRIMAGE.
HENCE,BASICALLY THIS ARTICLE SAYS THAT GOVERMENT MONEY SHOULD BE SPENT ON PROPOGATING ALL THE RELIGION SIMALTANEOUSLY.

ARTICLE 28::
THIS ARTICLE STATES THAT IN ANY PUBLIC AIDED INSTITUTE,WHERE THERE IS TOTAL PUBLIC FUNDING SHOULD NOT TEACH ANY PARTICULAR RELIGION.
BUT IF THE INSTITURE HAS BEEN RUN BY PUBLIC FUNDING BUT ITS HAS BEEN BUILT ON SOME TRUST,THEN IT HAS THE RIGHT TO PREACH A PARTICULAR RELIGION.

ARTICLE 29::
THIS ARTICLE SAYS THAT EACH AND EVERY CITIZEN HAS THE RIGHT TO PROTECT THEIR SCRIPT AND LANGUAGE FOR THEIR FUTURE COMMUNITY.
ALSO IT STATES THAT NO CITIZEN SHOULD BE DISCRIMINATED TO ENTER THE EDUCATIONAL INSTITUTE ON THE BASIS OF THEIR CASTE,RACE AND RELIGION.

ARTICLE 30::
THIS ARTICLE STATES THAT ALL MINORITY IN THE COUNTRY WHETHER ON LANGUAGE OR RELIGION SHOULD NOT BE DISCRIMINATED TO BUILT AN EDUCATIONAL INSTITUTE OR ANY ORGANIZATION.

ARTICLE 32::
IMPLEMENTATION OF CONSTITUTIONAL REMEDIES.
THIS ARTICLE DEAL WITH THE FACT THAT HOW THE FUNDAMENTAL RIGHTS ARE BEEN PROPERLY FOLLOWED IN THE COUNTRY.
THIS IS THE MOST IMPORTANT FUNDAMENTAL RIGHT OF ALL THE FUNDAMENTAL RIGHT.
IT IS THE HEART OF THE CONSTITUTION.
THE WHOLE CONSTITUTION IS NULLIFIED IF THE ARTICLE 32 WAS NOT AVAILABLE.
THE SUPREME COURT HAS THE AUTHORITY TO SAFEGUARD ALL THE FUNDAMENTAL RIGHTS IN THE CONSTITUTION.
IT IS THE MOST IMPORTANT RIGHT AMONG ALL THE RIGHT.

ARTICLE 33::
THIS RIGHT HAS GIVEN THE RESTRICTION OF IMPLEMENTATION OF FUNDAMENTAL RIGHTS ON ARMED FORCES,MILLITARY ETC.

ARTICLE 34::
THIS RIGHT DEAL WITH THE FACT THAT RESTRICTION OF FUNDAMENTAL RIGHT ON MILLITARY RULED AREA.

ARTICLE 35::
THIS DEAL WITH THE CHANGES DONE FOR THE AMENDMENT OF FUNDAMENTAL RIGHT.
THE POWER HAS BEEN GIVEN TO THE PARLIAMENT.

FUNDAMENTAL RIGHTS

ARTICLE 14:EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW.
THE TERM EQUALITY BEFORE LAW IS TAKEN FROM BRITISH CONSTITUTION AND EQUAL PROTECTION OF LAW HAS BEEN TAKEN FROM AMERICAN CONSTITUTION.
THE FIRST CONCEPT EQUALITY BEFORE LAW IS NOTHING BUT THERE IS NO ONE ABOVE THE LAW.
AND EQUAL PROTECTION OF LAW IS NOTHING BUT THE LAW SHOULD BE APPLIED IN THE SAME WAY BETWEEN TWO PERSON IF SITUATION IS SAME.
EQUALITY BEFORE LAW IS NOTHING BUT THE RULE OF LAW PROPOUNDED BY AV DICEY.
EXCEPTION:
THE PRESIDENT AND GOVERNER IS NOT ANSWERABLE TO ANY COURT FOR HIS DECISION AND USE OF POWER.
THE PRESIDENT AND GOVERNER CANNOT HAVE A CRIMINAL PROCEEDING DURING HIS TENURE OF OFFICE.
IF A PERSON HAS REPORTED SOME TRUE NEWS,THEN HE IS NOT ANSWERABLE TO ANY COURT.
NO MEMBER OF PARLIAMENT IS ANSWERABLE TO ANY COURT,FOR HIS VOTE FOR SOME BILL.
NO MEMBER OF LEGISLATIVE ASSEMBLY IS ANSWERABLE TO ANY COURT FOR HIS VOTE FOR ANY BILL.
FOREIGN RULER,DIPLOMAT AND AMBASSADOR ENJOY SPECIAL IMMUNITY.

ARICLE 15::NO DISCRIMINATION CAN BE MADE TO CITIZEN OF INDIA ON BASIS OF ONLY:CASTE,SEX,RELIGION,RACE AND PLACE OF BIRTH.
THIS ARTICLE OF RIGHT OF EQUAITY HAS PROVIDED THE SPCIAL ACCESS OF ALL THE PERSON TO RESTRAU,SHOPS,WELL,TANK,PLACE OF PUBLIC ENTERTAINMENT.
THERE ARE THREE EXCEPTION ALSO IN THIS RIGHT OF EQUALITY.
1) THE  STATE IS PERMITTED TO MAKE ANY SPECIAL PROVISION TO WOMENS AND CHILDREN.
2)THE STATE CAN MAKE ANY SPECIAL PROVISION FOR UPLIFTMENT OF SOCIALLY BACKWARD PERSON,SCHEDULE CASTE AND SCHEDULE TRIBE IN PUBLIC INSTITUTION
THIS INVOLVE RESERVATION ETC.
3)THE STATE CAN MAKE ANY SPECIAL PROVISION FOR UPLIFTMENT OF SOCIALLY BACKWARD PERSON OR SCHEDULE TRIBE AND SCHEDULE CASTE FOR ENTRANCE IN PRIVATE INSTITUTION.

ARTICLE 16::
NO CITIZEN OF INDIA SHOULD BE DISCRITMINATED FOR THE JOB OF PUBLIC SECTOR ON THE GROUND ONLY OF CASTE,SEX,RELIGION,RACE AND PLACE OF BIRTH.
EXCEPTION:THERE ARE CERTAIN EXCEPTION ALSO.
1) THE PLACE OF RESIDENCE OF EMPLOYMENT IS ONLY APPLICABLE IN ANDHRA PRADESH.
2)THE STATE CAN MAKE SPECIAL PROVISION TO MAKE THE BACKWARD CLASS MEMBER OR THE PERSON IN THE SOCIETY WHO WERE ALWAYS NEGLECTED TO PROVIDE RESERVATION IN THE GOVERNMENT JOB.

ARTICLE 17::
THIS ARTICLE HAS DEALT WITH UNTOUCHABILITY ABOLITION.

ARTICLE 18::

THIS ARTICLE HAS BEEN DEALING WITH THE ABOLITION OF TITLES.

ARTICLE 19::
THIS ARTICLE HAS BEEN DEALING WITH ALL THE FUNDAMENTAL RIGHTS.
FEW FUNDAMENTAL RIGHTS HAS BEEN....FREEDOM OF EXPRESSION AND SPEECH,FREEDOM TO MOVE ANYWHERE IN THE COUNTRY,FREEDOM OF RESIDE IN ANY PART OF THE COUNTRY,FREEDOM OF MAKING ANY PARTY,FREEDOM OF MAKING ANY UNION OR ASSOCIATION,FREEDOM TO ASSEMBLE PEACEFUL ALSO THE FREEDOM OF PROFESSION.

ARTICLE 20::
THIS ARTICLE HAS BEEN DEALING WITH THE PROTECTION IN CONVICTION FOR OFFENCE.THIS ARTICLE SAYS NOBODY SHOULD BE ARRESTED FOR THE ANYTHING OTHER THAN BREAKING THE LAW.
NOBODY SHOULD BE PUNISHED TWICE FOR THE SAME OFFENCE,NOBODY SHOULD BE GIVEN THE PUNISHMENT GREATER THAN THE LAW PRESCRIBED.

ARTICLE 21::
THIS ARTICLE HAS BEEN DEALING WITH THE FACT THAT FREEDOM OF LIFE AND PRIVACY.
EACH AND EVERY CITIZEN HAS THE RIGHT TO LIVE WITH RESPECT IN THIS SOCIETY.
NO ONE CAN TAKE THE LIFE OF ANYONE EXCEPT THE FACT THAT DUE PROCESS OF LAW HAS BEEN COMPLETED.

ARTICLE 21A::RIGHT TO EDUCATION.
THIS ARTICLE HAS BEEN A DIRECTIVE PRINCIPLE IN THE CONSTITUTION.
BUT BY 86th AMENDMENT OF THE CONSTITUTION,THIS HAS BEEN MADE AS THE FUNDAMENTAL RIGHT FOR THE CHILDREN TILL THE AGE OF 14 YEARS.
THIS HAS BEEN SAID IN THE ARTICLE 45 OF THE CONSTITUTION.
BUT THAT WAS THE DIRECTIVE PRINCIPLE OF THE CONSTITUTION.
THIS HAS BEEN SAID THAT EACH AND EVERY CITIZEN HAS THE DUTY TO TEACH THEIR CHILDREN COMPULSORY AND FUNDAMENTAL EDUCATION TILL THE AGE OF 14 YEARS.
THIS HAS BEEN SAID THAT ITS A DUTY OF THE STATE TO TEACH THEIR CHILDREN IN THE STATE TO HAVE A COMPULSORY EDUCATION TILL THE AGE OF 14 YEARS.
DUE TO ALL THIS RIGHT TO EDUCATION HAS BEEN INTRODUCED IN THE YEAR 2009,HENCE ITS A COMPULSORY MATTER FOR ALL THE CITIZEN IN THE STATE TO HAVE THEIR CHILDREN FREE EDUCATION.

 ARTICLE 22::
RIGHT AGAINST ARREST AND DETENTION
THIS HAS BEEN DEALING WITH THE ARREST OF THE CITIZEN AND THEIR DETENTION.
THEIR ARE TWO TYPE OF DETENTION WHICH ARE PUNITIVE DETENTION AND PREVENTIVE DETENTION.
PUNITIVE PUNISHMENT HAS BEEN SAID THAT THE DETENTION THAT HAS BEEN MADE AFTER THE CRIME HAS BEEN MADE.
IN THE PUNITIVE DETENTION,VARIOUS CLAUSE HAS BEEN MADE,WHICH WERE 
IN THIS TYPE OF DETENTION,THE PERSON HAS TO BE INFORMED FOR THE REASON OF HIS/HER ARREST,
HE SHOULD BE PROVIDED WITH THE LEGAL PROCEDURE.
TO BE PRODUCED BEFORE THE MAGISTRATE WITHIN 24 HOURS OF HIS ARREST AND IF MAGISTRATE HAS SAID THAT HE SHOULD BE RELEASED,THEN WITHIN 24 HOURS,HE SHOULD BE RELEASED.

IN THE PREVENTIVE DETENTION,THE PERSON WHO IS DETAINED IS DETAINED THAT THE CRIME HE IS GOING TO COMMIT SHOULD BE STOP.
THE CLAUSE WHICH WERE ADDED IN PREVENTIVE DETENTION,WERE HE SHOULD BE DETAINED FOR 3 MONTHS UNTIL AND UNLESS MAGISTRATE AND COURT SHOULD SAYS THAT HE SHOULD BE DETAINED FURTHER.
THE REASON FOR HIS DETENTION SHOULD BE EXPLAINED IN DETAIL TO THE CULPRIT.
IN INDIA,VARIOUS LAWS HAS BEEN MADE FOR THE PREVENTIVE DETENTION.

ARTICLE 23::
PREVENTION OF HUMAN TRACFICING AND CHILD LABOUR
THIS ARTICLE DEAL WITH THE FACT THAT ANY KIND OF SELLING OF HUMAN BEING IS PROHIBITED IN INDIA.
ANY TYPE OF DEVDASIS PRATHA IS PROHIBITED IN INDIA.
ALSO PROSTITUTION IS ALSO BANNED IN INDIA.
ANY TYPE OF BEGGING IS BANNED IN INDIA.
ALSO,CHILD BEGGING IS PROHIBITED AND COMPELLING THEM TO BEG IS ALSO A CRIME.
ALSO PARLIAMENT HAS MADE A LAW NAMED IMMORAL TRAFFIC ACT 1956.

ARTICLE 24::
THIS ARTICLE DEAL WITH PROHIBITION OF CHILD IN FACTORIES.
IT STATED THAT NO KIND OF EMPLOYMENT SHOULD BE GIVEN TO CHILDREN UNDER THE AGE OF 14 IN MINES,FACTORIES AND OTHER HAZARDOUS CONDITION.
CHILD LABOUR PROTECTION ACT 1986 IS ONE OF THE ACT THAT HAS PROVED TO BE THE MILESTONE FOR THE CHILDREN PROTECTION.
 IN ADDITION TO THIS,VARIOUS OTHER LAW HAS ALSO BEEN ENACTED TO PROTECT THE CHILDREN TO WORK IN ANY OF THE HAZARDOUS CONDITION.
IN 1996,SUPREME COURT HAS SAID TO ENACT A CHILD WELFARE REHABILIATION CENTER,THIS WILL HELP THE EXISTING CHILD LABOUR TO REHABILIATE.
THIS ACT SAYS THAT THE EMPLOYER WILL HAVE TO PAY THE AMOUNT OF 20000 FOR EACH CHILD THAT HE HAS EMPLOYED.
THERE WAS ALSO A COMMISSION TO CHILD PROTECTION ACT  2005.
CHILD LABOUR PROTECTION ACT 1986 WAS CHANGED TO CHILD AND ADOLSENT ACT,BY WHICH GIVING THE 1986 ACT MORE TEETH,S0 THAT MORE AND MORE STRICTNESS SHOULD BE INTRODUCED IN SOCIETY AGAINST CHILD LABOUR.

FEATURE OF FUNDAMENTAL RIGHTS

ARTICLE 20 AND ARTICLE 21 ARE THE ARTICLE THAT CANNOT BE SUSPENDED DURING THE TIME OF EMERGENCY.
ARTICLE 19 IS THE ARTICLE THAT CAN BE SUSPENDED ONLY DURING THE TIME OF NATIONAL EMERGENCY.
THE SCOPE OF OPERATION IS LIMITED BY ARTICLE 31 A,B,AND C.
THE APPLICATION OF FUNDAMENTAL RIGHT ARE TO PARA MILLITARY FORCES,ARMED PERSONAL AND OTHER HAS BEEN DEFINED IN ARTICLE 33.
THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHT AT THE TIME OF MILLITARY LAW HAS BEEN APPLIED IS DEFINED IN ARTICLE 34.
AND THE CHANGES IN FUNDAMENTAL RIGHT WITH THE APPROVAL OF PARLIAMENT HAS BEEN DEFINED IN ARTICLE 35.

DEFINATION OF STATES:::::
ARTICLE 12 OF THE CONSTITUTION HAS BEEN IN PART III HAS GIVEN THE DEFINATION OF STATES AS PARLIAMENT AND CENTER i.e EXECUTIVE AND LEGILATIVE PART OF THE CENTER.
LEGISLATIVE ASSEMBLY AND STATE GOVERNMENT i.e EXECUTIVE AND LEGISLATIVE PART OF STATE.
ALL THE OPERATIONAL AGENCIES THAT IS ONGC,NTPC etc.
ALL THE  MUNICIPAL CORPORATION,PANCHAYATS ETC.
ALSO SUPREME COURT HAS SAID THAT ALL THE PRIVATE BODIES ALSO COME UNDER THE DEFINATION OF STATE.

ARTICLE 13 SAYS THAT ALL THE LAWS THAT ARE AGAINST THE FUNDAMENTAL RIGHTS ARE VOID.
THE POWER HAS BEEN PROVIDED WITH THE SUPREMENT COURT IN THE ARTICLE 32 AND HIGH COURT IN THE ARTICLE 226 THAT CAN DECLARE ANY CONSTITUTION LAW INVALID ON THE GROUND OF BREACH OF FUNDAMENTAL RIGHTS.
ANY LAW,ANY ORDER OR ANY RULE MADE BY PARLIAMENT OR LEGISLATIVE ASSEMBLY CAN BE MADE INVALID ON THE GROUND OF BREACH OF FUNDAMENTAL RIGHTS.
 

BRIEF INTRODUCTION TO THE FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHT PROVIDE THE POLITICAL DEMOCRACY IN THE INDIA.
THE FUNDAMENTAL RIGHT ARE PROVIDED IN THE PART III OF THE CONSTITUTION.
IN THE CONSTITUTION,ARTICLE 12-ARTICLE 35 ARE THE ARTICLES THAT ARE PROVIDED FOR THE FUNDAMENTAL RIGHTS.
 INITIALLY,THERE WERE 7 FUNDAMENTAL RIGHTS IN THE CONSITUTION.
WHICH ARE:
RIGHT TO EQUALITY ARTICLE 14-18
RIGHT TO FREEDOM ARTICLE 19-22
RIGHT TO EXPLOITATION ARTCLE 22-24
RIGHT TO RELIGION ARTICLE 25-28
RIGHT TO EDUCATION ARTICLE 29-30
RIGHT TO PROPERTY ARTICLE 32
RIGHT TO CONSTITUTIONAL REMEDIES. ARTICLE 32

BUT LATER RIGHT TO PROPERTY WAS REMOVED FROM THE CONSTITUTION AND IT WAS MADE A LAW BY ARTICLE 300 A PART XII.
 

CITIZENSHIP ACT 1955

THIS IS THE ACT WHICH HAS BEEN PASSED BY THE PARLIAMENT BECAUSE OF THE INCAPABILITY IN THE CONSTITUTION FOR VARIOUS LOOPHOLE FOR THE VARIOUS POSSIBILITY IN THE CITIZENSHIP.

THIS ACT WAS PASSED IN THE YEAR 1955.

AFTER PASSING THIS ACT,CERTAIN CHANGES WERE DONE IN THE COMING YEAR,,,,1986,1992,2003 AND IN THE YEAR 2005.

THIS ACT HAS PROVIDED THE PROPER WAY OF ACQUISTION OF CITIZENSHIP AND LOSS OF CITIZENSHIP.
THESE TWO TOPIC HAS BEEN DISCUSSED IN THE PREVIOUS ARTICLE.

LOSS OF CITIZENSHIP

THERE ARE THREE WAYS BY WHICH A PERSON CAN LOOSE HIS/HER CITIZENSHIP.
THEY ARE:

1)BY RENUNCICATION:THIS IS THE CASE WHEN A PERSON WILLFULLY SURRENDER HIS/HER CITIZENSHIP

2)BY  TERMINATION:THIS IS THE CASE WHEN A PERSON,INTENTIONALLY OR UNINTENTIONALLY GET THE CITIZENSHIP OF OTHER COUNTRY AND HIS INDIAN CITIZENSHIP IS AUTOMATICALLY TERMINTED.

 3)BY DEPRIVATION:THIS IS THE CASE WHERE THERE ARE CERTAIN CLAUSES IN THE CONSTITUTION....WHICH ARE
a)IF A PERSON HAS SHOWN DISRESPECT FOR OUR CONSTITION.
b)IF A PERSON HAS GOT THE CITIZENSHIP BY REGISTRATION OR BY NATURALISM AND HAS BEEN IN THE JAIL FOR 2 YEAR OUTSIDE INDIA IN THE SPAN OF FIVE YEAR FROM THE DATE OF TAKING THE CITIZENSHIP OF THIS COUNTRY.
c)THE PERSON HAS TAKEN THE CITIZENSHIP OF THIS COUNTRY BY SOME FRAUD WAYS
AND THERE ARE VARIOUS WAYS

HOW TO GET INDIAN CITIZENSHIP

TO AVAIL INDIAN CITIZENSHIP,THERE ARE FIVE PROCEDURE....

1)BY BIRTH:IT MEANS THAT ALL WHO ARE BORN IN INDIA AFTER 26TH JANUARY AND BEFORE 1ST JULY 1987,ARE CITIZEN OF INDIA
WHO THOSE ARE BORN AFTER 1st JULY 1987,IS THE CITIZEN OF INDIA IF AND ONLY IF ONE OF WHOSE PARENT ARE BORN IN INDIA.
FURTHER AFTER 3DEC 2004,ONLY THOSE ARE CITIZEN OF INDIA,WHOSE BOTH PARENT ARE CITIZEN OF INDIA OR ONE PARENT IS CITIZEN OF INDIA AND OTHER IS NOT AN ILLEGAL IMMIGRANTS TO THIS COUNTRY.

2)BY DESCENT:A PERSON WHO IS BORN OUTSIDE INDIA AND IS BORN BETWEEN 26th JANUARY 1950 TO 10DECEMBER 1992 IS CITIZEN OF INDIA IF HIS/HER FATHER IS CITIZEN OF INDIA AT THE TIME HE/HER WAS BORN.
AFTER 10th DECEMBER 1992,THE ONE WHO IS BORN IS CITIZEN OF INDIA IF HIS EITHER OF HIS/HER PARENT IS CITIZEN OF INDIA.
A PERSON WHO IS BORN AFTER 3rd DECEMBER 2004,IS THE CITIZEN OF THIS COUNTRY IF AND ONLY IF HE IS PROPERLY REGISTERED IN INDIA WITHIN ONE YEAR OF HIS BIRTH.

3)BY REGISTRATION
4)BY NATURALISM
5)BY INCORPORATION OF TERRITORY:THIS IS THE CASE IF INDIA HAS ACQUIRED ANY STATE WHICH WAS NOT THE PART OF INDIA.
THIS WAS SEEN IN 1962 WHEN INDIA HAS ACQUIRED THE PUDECHEEY AND THERE WAS SPECIAL AMENDMENT IN THE CITIZENSHIP ACT 1955(1962)  AMENDMENT.

CITIZENSHIP

THERE ARE TWO TYPES OF PEOPLE IN INDIA,
THEY ARE CALLED CITIZEN AND ALIGN.
ALIGN ARE ANOTHER CLASSIFIED IN TWO CATEGORY CALLED FRIENDLY ALIEN AND ENEMY ALIGN.
THE CONSTITUTION DEAL WITH CITIZENSHIP ONLY AT THE TIME OF COMMENCEMENT OF CONSTITUTION THAT IS AT 26TH JANUARY 1950.
TO DEAL WITH THE PROBLEM OF CITIZENSHIP,CITIZENSHIP ACT 1955 WAS FORMED.
THIS LAW HAS BEEN MODIFIED SEVERAL TIMES THAT IS IN 1986,1992,2003,2005.
AT THE TIME OF FORMATION OF CONSTITUTION,CONSTITUTION HAS DEFINED IN FOUR CATEGORY ABOUT THE CITIZENSHIP....

ARTICLE 5--A PERSON WHO IS BORN IN INDIA,OR HIS PARENTS ARE BORN IN INDIA OR HE HAS BEEN RESIDING IN INDIA AFTER 5 YEARS AFTER THE COMMENCEMENT OF CONSTITUTION.

ARTICLE 6--JO BHAI PAKISTAN SE AA GAYE HAI AUR WO AGAR 19 JULY 1949 KE PEHLE AA GAYE TO BHAI KOI DIKKAT NAHI HAI AUR AGAR AAP BAAD MAI AAYE MEANS 19 JULY 1949 KE BAAD AAYE HAI TO AAPKO YAHAN PE 6 MAHINE REHNA PADEGA AUR AAP PHIR INTIMINAAN SE YAHIN RAHIYE AUR AAP BAS REGISTER KARWA LO MERE BHAI.

ARTICLE 7--ISME AGAR KOI BHAI PAKISTAN CHALA GAYA AUR AGAR 1 MARCH 1947 KE BAAD AA GAYA HAI TO BHAI AAP YAHAN PE 6 MAHINE REH LO AUR BHAI REGISTER BHI KARWA LO,,,,BAS KAAM KHATAM.

ARTICLE 8--BHAI AGAR KISI KE MUMMY PAPA YAHIN PE REHTE THE AUR AAP AGAR BAHAR BASS GAYE HAI TO BAS APNE AAP KO REGISTER KAR LIJIYE KAAM KHATAM.

ARTICLE 9--YE KEHTA HAI KI AGAR AAPKE PAAS KISI AUR DESH KI CITIZENSHIP HAI TO PHIR AAP GAYE KAAM SE.AAPKI BHARAT  KI CITIZENSHIP GAYE.

ARTICLE 10--YE KEHTA HAI KI AGAR AAP BHARAT KE CITIZEN HAI TO AAPKO HAR CHEEZ PARLIAMENT KE HISAAB SE KARNA HAI.SAMJHE KI NAHI

ARTICLE 11--YE KEHTA HAI KI AAPKI CITIZENSHIP KO BHARAT KI PARLIAMENT TERMINATE KARNE YA BARKARAR RAKHNE KI POWER RAKHTI HAI