INDIAN CITIZENSHIP September 3, 2009

citizenship continues THERE ARE TWO CATEGORIES OF CITIZENSHIP OF MIGRANTS OF INDIA 1. COMES TO INDIA BEFORE JULY 19 1948 AND LIVING HERE SINCE THEN 2. MIGRATED AFTER 19 JULY 1948 & REGISTER AS CITIZEN BY GOI CITIZENSHIP OF MIGRANT OF PAKISTAN COMES UNDER ARTICLE 7 IT SAYS THAT THE PERSON MIGRATED TO PAKISTAN AFTER 1ST MARCH AND RETURN BACK SUSEQUNTLY UNDER THE PERMIT PROVIDED BY ATHOURITY OF LAW IS CITIZEN OF INDIA CITIZENSHIP OF PERSONS OF INDIAN ORIGIN RESIDING OVERSEA COMES UNDER THE ARTICLE 8 CITIZENSHIP ACT 1955 PROVIDE VARIOUS METHOD OF CITIZENSHIPAS FOLLOW CITIZENSHIP OF BIRTH CITIZENSHIP OF DESECNT CITIZENSHIP OF REGISTRATION BY THE MARRIAGE CITIZENSHIP BY NEUTRALIUSATION FOR A FOREIGNER WHO APPLY NEUTRLIZATION TO GOI CITIZENSHIP BY INCORPORATION OF TERROTRY CITIZENSHIP COULD BBE LOST BY FOOLOWING MANNNER TERMINATION –BY OPERATION OF LAW WHEN AQUIRE CITIZENSHIP OF OTHER COUNTRY RENUNCIATION- VOULANTRY ACT DEPRIVATION- COMPLETE TERMINATION BY GOI AS PERSON HAS BROKEN AN LAW DUAL CITIZENSHIP · IT MEANS PROVIDING OVERSEA CITIZENSHIP OF INDIA(OCI) TO THOSE PERSON OF INDIAN ORIGIN IN VARIOUS COUNTRY WHO HAVE AQUIRED CITIZENSHIP THERE · THE CITIZENSHIP AMENDMENT 2003 PROVIDE DUAL CITIZENSHIP TO RESIDENCE OF 16 COUNTRY · ACT GIVES OCI TO THOSE WHO · ISOF INDIAN ORIGIN BEING A CITIZEN OF SPECIFIED COUNTRY · WAS CITIZEN OF ININDIA IMMEDATLY BEFORE BECOMING CITIZEN TO THAT COUNTRY · RIGHTS GIVEN UNDER OCI 1. CAN CARYY INDIAN PASSPORT 2. NOT REQUIRE VISA TO ENTER INDIA 3. LEGAL PROTECTION LIKE A CITIZENSHIP 4. RIGHT OF PROPERTY AND INVESTMENT IN INDIA 1. RIGHTS NOT GIVEN TO OCI 1. RIGHT OF VOTING 2. NOT ELEGIBLE TO BECOME MEMBER OF PARLIAMENT 3. NOT HAVE EQUALITY TO GET JOB IN PUBLIC SERVICESFUNDAMENTAL RIGHTS ARTICLE 12 TO 15 DEAL WITH FUNDAMENTAL RIGHT CONSTITUTION DOES NOT DEFINE WHAT FUNDAMENTAL RIGHT ARE IT IS AGREED THAT THESE ARE FUNDAMENTAL AND SUPERIOR TO ORDINARY RIGHTS CANNOT BE ALTERED EXCEPT FOR AMENDMENT IN CONSTITUTION THESE RIGHTS INCORPORATES WITH PROVISION OF THE AMERICAN BILL OF RIGHTS & ARE MORE ELEBORATE THEN ANY OTHER NATION THERE ARE SIX FUNDAMENTLE RIGHTS IN INDIA RIGHT OF EQUALITY ARTICLE 14-18 RIGHT OF FREEDOM ARTICLE 19-22 RIGHT AGAINST EXPOLITATION ARTICLE 23-24 RIGHT OF FREEDOM TO RELIGION ARTICLE 25-28 CULTURAL AND EDUCATIONAL RIGHT ARTICLE 29-30 RIGHT OF COUNSTITUTIONAL REMEDIES ARTICLE 32 SEVENTH RIGHT OF PROPERTY IS REMOVED FROM LIST AND IS ORDINARY RIGHT NOW

Indian Constitution September 3, 2009

Chapter three Introduction to Indian constitution Indian constitution is the longest constitution in the world. it is the highest law of the land. Originally it contained 395 articles & 8 schedules. After amendments till now there are 447 articles and 12 schedules. Indian constitution includes administrative provisions in details. These are the fundamental principles of governance. Followed by maker of constitution from government act of 1935 It also include the constitution of constituents of Indian federation i.e. state. State j&k is exception as it has its own constitution and this special stratus to it is provided by article 370 in order to address the regional problems of certain states, article 371,371-1 have been introduced after inauguration of constitution. These articles deal with Assam Manipur Andhra Pradesh Maharashtra Gujarat Sikkim mizoram it has procedure & power of amendment of itself in article 368 it is rigid as well as flexible written which shows its rigidity and parliamentary sovereignty some room is left to for conventions for speaker of lok Sabha as in England preamble is not an enforceable part of constitution 3 word’s secularism, socialism, integrity added to preamble by amendment 42 act Indian unitary based federal system Following feature make India a federation dual polity division of power bicameralism supremacy of constitution written constitution rigid constitution Following feature makes India a unitary body · appointment of governor by centre · parliament of to legistrate · emergency provision · single constitution · single citizenship · flexibility of cobnstitution Chapter three Citizenship There is single citizenship for every Indian Citizen is the person who enjoys civil and political rights Right enshrined in following article are assined to citrizen only 15,6,19,29,30,58(1)a,67(3)a,124(3),217(2),76(1)157,165 Right of voting is given to citizen only Article 5-8 mention about citizenship The citizenship of domicile by only two conditions May be domicile of India at the time of commencement of constitution and one of following Born in India Parents are Indian Residing In India for more then 5 years

Constitution Watch September 3, 2009

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CONSTITUTIONAL LANDMARK IMPORTANT PROVISION REGULATION ACT OF 1773 1ST STEP BY BRITISH GOVERNMENT TO REHULATE AFFAIR OF EASINDIACOMPANY ESTABLIHED A DEFINATE SYSTEM OF GOERMENT OF INDIA DESIGNATED GOVERNOR OF INDIA AS GOVERNOR GENERAL OF INDIA ESTABLIHED SUPREME COURT IN CALLCUTTA PITTS ACT OF 1784 INDIAN AFFAIR CAME UNDER DIRECT CONTROL OF BRITISH GOVERNMENT DISTINGUISHED BETWEEN COMMERCIAL & POLITICAL FUNCTION OF COMPANY BOARD OF CONTROL ESTABLISHED INTRODUCED DOUBLE GOVERMENT CHARTER ACT OF1833 GG OF BENGAL BECOME GOVERNOR GFENERAL OF INDIA FINAL STEP TOWARD CENTERALITATION IN INDIA CREATED GOVERNMENT OF INDIA FOR FIRST TIME HAVING AUTHORITY OVER BRITISH INDIA ENDED ACTIVITIES OF EAST INDIA COMPANY AS COMMERCIAL BODY CHARTER ACT OF 1853 SEPRARATED LEGISLATIVE &EXECUTIVE FUNCTIONS OF GOVERNMENT OF INDIA OPEN COMPITION FOR CIVIL SERVICES OF THE COMPANY CREATED SEPARATE LEGISLATIVE COUNCILS 4 INDIA GOVERNMENT OF INDIA 1858 RULE OF COMPANY CHANGED TO RULE OF CROWN GOVERNOR GENERAL BECOME AGENT OF THE CROWN SECTRATORY OF STATE FOR INDIA WAS APPOINTED TO EXERCISE THE POWER OF THE CROWN HE WAS A MEMBER OF BRITISH CABINET INDIAN COUNCILS ACT 1861 SEEDS OF PARLIAMENTRYSYSTEMS SOWN IN INDIA INTRODUCED INDIAN AND NON OFFICIAL MEMBER IN LEGISLATURE INITILISED PROCESS OF DECENTERALISATION SOURCES OF INDIAN CONSTITUTION COUNTRY CONSTITUIONAL PROVISION BORROWED UK PARLIAMENTARY SYSTEM BICAMERAL PARLIAMENT LOWER HOUSE MORE POWERFUL POWER OF SPEAKER IN LOK SABHA PRIME MINISTER COUNCIL OF MINISTER USA WRITTEN COUNSTITUTION FUNDAMENTAL RIGHTS SUPEREME COURT HEAD OF STATE JUDICIAL REVIEW AUSTRALIA COCURRNT LIST CENTRAL STATE RELATIONSHIP ERSTWHILE FUNDAMENTAL DUTIES 5 YEAR PLAN GERMANY EMERGENCY PROVISION CANADA FEDRAL SYSTE RESIDUARY POWERS IRELAND CONCEPT OF DIRECTIVE PRINCIPLES

Indian polity September 3, 2009

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Indian polity Chapter one Constitutional development Idea of making a constitutional assembly was first given by M.N.Roy in 1934 Indian national congress demanded constitutional assembly in 1935 First time it was constituted in 1940 which was envisaged after world war II Finally it was re constructed in 1946 under the cabinet mission plan in 1946 It had total 389 member out which 296 were indirectly elected & 93 were nominated by princly states. So it has nominated as well as elected members Its first meeting held on Dec 9,1946 It was boycotted by muslim league due to which it had remained only 211 member It was brought about by government and can be aboilished by it so it was not a sovereign body Dr. sachinand the oldest member was elected 1st temporarily head of the assembly Later Dr. Rajinder parsad was elected president and H.C.mukherji was elected vice president Sir B.N rao was elected constitutional advisor of the assembly Objective rsolution was given by Pt. Jawaharlal Nehru which was the permeable of constitution India member ship in commonwealth was ratified in may 1949 National flag was was adopted in 22 july 1947 National song and national anthem were assigned in January 24 1950 Elected Dr.Rajinder Parsad as 1st president of India Constitution was passed in 26 November 1949 which was adopted in December 1949 The provision like citizen ship election provisional parliament was given effect from 26 november 1949 while rest constitution came into rest in 26th January The last session of constitutional assembly held in 24 january 1950 The temporary provision parliament even worked after republic day till general election in 1951-52 The constitutional assembly has following committee Drafting committee headed by DR.B.R.Ambedkar Committee of state headed by Sardar Patel Union constitution committee V Pt. Jawaherlal Nehru provincial constitution commitee headed by sardar patel committee to examine the draft constitution headed by alladi krishana swamy union power committee headed by jawaher lal Nehru committee of fundamental right was headed by sardar patel so the iron man alone headed three committees of constitutional assembly most important committee was was drafting committee consisted seven members the member of drafting committee were Dr. ambedkar N.gopalswami alladi Krishna swami dr. km munshi sayad saadullah n.madhav rau t.t krishnamurti D.P. khaitan was member of constitutional assembly whoi died in 1948 before it was completed DR.B.R ambedkar is assigned father of Indian contituton

Land Acquisition Act 1894 August 27, 2009

This act which was enacted in 1894 is one of the remnants of the colonial legacy on independent India. Sure there have been amendments to the act but the character of the act still remains the same.

For those of us who are not aware of the exact contents of the act, I wish to briefly explain the act as I would to a layman. The act has various sections and without going deep into each section, I will try and simplify by going step wise.

The act is basically meant to acquire land for public purposes and for companies.

Step I

• appropriate govt makes a preliminary notification that land is required for public purpose or a company. This notice made under section 4(1) has to be published in official gazette and in two local news papers atleast one of them being in local language.

• Primary survey is then done to ascertain the suitability of land.

• Any interested party, meaning owner of land can within 30 days of publication of notice u/s 4(1) submit his objections to the collector who hears the objections and after making necessary enquiry submit his recommendations and report to the govt.

Step II

• The govt after considering the report of collector, the govt issues a declaration u/s 6(1) that the said land is required for public purpose or for a company. This declaration has to be made within one year of the notification u/s 4(1). This declaration is then published in official gazette and two local news papers.

• After this the collector initiates further action like measurement etc.

Step III

• Once this is done, collector acting under section 9 directs through a public notice that any claims for compensation of the land be made to him.

• These claims are heard and then collector gives his award for compensation u/s 11.

• award has to be made within 2 years from date of declaration u/s 6.

Step IV

• The collector can take possession of the land after the order is made.

Step V

• On making the award u/s 11, the collector then makes payment of the compensation awarded by him.

• In case amount is not paid or deposited in court as the case be before taking possession of the land, the collector has to pay an interest @9% per annum for the first year and @15%per annum subsequently.

• Any body who is not acceptable to the amount of compensation can through the collector appeal to the district court. The court can only decide on the amount of compensation and not any thing else. The court can also not decrease the compensation awarded by the collector.

• In addition to the above compensation courts should award a sum of 30% on the market value ascertained by it. Further courts shall also award a sum of 12% of market value for the intervening period from date of notification u/s 4 to the date of actual taking possession of land/or date of award whichever is earlier.

Now, some interesting issues in this act that are being pointed out by activists against the act are provided below.

• • • The act says compensation is payable only to interested parties which means the person has is interested in an easement affecting the land. This means that the agricultural labourers who are also dependant on the land but have no rights cannot be compensated.
    • assumes that money is an adequate means of compensation.
    • There is no standard and well defined process of fixing compensation.
    • In case where local bodies are the interested parties, they do not even have the right to go to court. They simply have to surrender and can only represent regarding compensation to the collector.
    • Under urgency provisions u/s 17, collector can do away with most of the above procedures and take possession of land. But what constitutes urgency or essential requirement has nowhere been defined.
    • 45 discusses how notice should be served. In case notice cannot be served on the person named, it has to be served on any other male member of the family. It is not lawful to serve the notice to a female member of the family.
    • How can govt acquire forcibly land and hand over to a company whose sole interest is making profit.
    • The rules and norms of market are not followed. Normally in market, land is traded for an amount mutually agreed to after negotiations.
    • entire process is very slow and due to inordinate delays causes great hardships to the people involved.
    • Compensation is not immediately paid to the evicted people resulting in great hardship to them.

However it is equally true that sometimes house owners claim astronomical amounts as compensation while refusing to pay betterment charges.

Ashoka Chakra August 27, 2009

Ashoka Chakra – The Tale Of Twenty Four Spokes

The Ashoka Chakra means the ‘wheel of the law’. It is derived from the Sanskrit word Dharma Chakra, which means wheel. It has 24 spokes.

The most prominent Indian Mauryan emperor, called Ashoka the Great, built the Ashoka Chakra during the 3rd century BC. The Ashoka Chakra is inscribed widely among the Lion Capital of Sarnath and the Ashoka Pillar. The Ashoka Chakra is placed in the center of the National Flag of the Republic of India. It was adopted on 22 July, 1947. It is rendered in a navy blue colour on a white background. In order to add historical ‘depth’ and separate the National Flag from that of the Indian National Congress (INC) Gandhian spinning wheel is replaced with the Spokes of Ashoka Chakra in the center of the Flag.

Ashoka Chakra can also be seen on the base of Lion Capital of Ashoka which has been adopted as the National Emblem of India. The Chakra signifies that there is a life in ‘Movement‘ and ‘Death‘ in stagnation. The process of the wheel stands for cycle or the self repeating process with the changing of time in our life. The Horse on the Right hand symbolizing accuracy and speed. The Bull on the Left hand stands for hard work.

Wonderful Qualities of Twenty Four Spokes:
1. Love
2.Courage
3.Patience
4.Peacefulness
5.Magnanimity
6.Goodness
7.Faithfulness
8.Gentleness
9.Selflessness
10.Self-control
11.Self sacrifice
12.Truthfulness
13.Righteousness
14.Justice
15.Mercy
16.Gracefulness
17.Humility
18.Empathy
19.Sympathy
20.Spiritual knowledge
21.Moral Values
22.Spiritual Wisdom
23.The fear of God
24.Faith or Believe or Hope

Ashoka Chakra represent the 24 Hours of the nation. Thus it governs all.

Domestic Voilence Act August 27, 2009

The Act covers

• abuse or thread to abuse, whether physical, sexual, verbal, emotional or economic.
• Harassment by way of dowry
• Right to secure housing of women with right to reside in the matrimonial or shared household.

1. The Act is called Protection of Women from Domestic Violence Act, 2006
2. It came into effect from 26th October 2006.
3. It primarily meant to provide protection of the wife or a female live-in partner from voilence at the hands of the husband or his relative. The Law has also extended its protection to mothers, sisters and widows.

Schedules August 24, 2009

Schedules FIRST SCHEDULE : I. The State, II. The Union Territories. SECOND SCHEDULE : PART A. Provisions to the President and the Governors of States PART B. (Repeated) PART C. Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State. PART D. Provisions as to the Judges of the Supreme Court and of the High Courts. PART E. Provisions as to the Comptroller and Auditor-General of India. THIRD SCHEDULE : Forms of Oaths or Affirmations. FOURTH SCHEDULE : Allocation of Seats in the Council of States. FIFTH SCHEDULE : Provisions as to the administration and Control of Scheduled Areas and Scheduled Tribes. PART A. General PART B. Administration and Control of Scheduled Areas and Scheduled Tribes PART C. Scheduled Areas PART D. Amendment of the Schedule SIXTH SCHEDULE : Provisions as to the administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. SEVENTH SCHEDULE : LIST I. Union List LIST II. State List LIST III. Concurrent List EIGHTH SCHEDULE : Languages NINTH SCHEDULE : Article 31B TENTH SCHEDULE : Provisions as to disqualification on the ground of defection ELEVENTH SCHEDULE : Article 243G TWELFTH SCHEDULE : Article 243W

Articles of the Constitution August 24, 2009

Articles of the Constitution

Part	Article	Deals with
Part I	Articles 1-4	Territory of India,, admission,, establishment or formation of new states
Part II	Articles 5-11	Citizenship
Part III	Articles 12-35	Fundamental Rights
Part IV	Articles 36-51	Directive Principles of State Policy
Part IV A	Article 51-A	Duties of a citizen of India. It was added by the 42nd Amendment in 1976
Part V	Articles 52-151	Government at the Union level
Part VI	Articles 152-237	Government at the State level
Part VII	Article 238	Deals with states in Part B of the First Schedule. It was repealed by 7th Amendment in 1956
Part VIII	Articles 239-241	Administration of Union Territories
Part IX	Article 242-243	Territories in Part D of the First Schedule and other territories. It was repealed by 7th Amendment in 1956
Part X	Articles 244-244 A	Scheduled and tribal areas
Part XI	Articles 245-263	Relations between the Union and States
Part XII	Articles 264-300	Finance,, property,, contracts and suits
Part XIII	Articles 301-307	Trade,, commerce and travel within the territory of India
Part XIV	Articles 308-323	Services under the Union and States
Part XIV-A	Articles 323A-323B	Added by the 42nd Amendment in 1976 and deals with administrative tribunals to hear disputes and other complaints
Part XV	Articles 324-329	Election and Election Commission
Part XVI	Articles 330-342	Special provision to certain classes ST/SC and Anglo Indians
Part XVII	Articles 343-351	Official languages
Part XVIII	Articles 352-360	Emergency provisions
Part XIX	Articles 361-367	Miscellaneous provision regarding exemption of the President and governors from criminal proceedings
Part XX	Article 368	Amendment of Constitution
Part XXI	Articles 369-392	Temporary,, transitional and special provisions
Part XXII	Articles 393-395	Short title, commencement and repeal of the Constitution

Directive Principles of State Policy August 24, 2009

Directive Principles of State Policy

State to secure a social order for the promotion of welfare of the people;

Certain principles of policy to be followed by the state;

Organisation of village panchayats;

Right to work, to education and to public assistance in certain cases;

Provision for just and humane conditions of work and maternity relief;

Living wage, etc., for workers;

Uniform civil code for the citizens;

Provision of free and compulsary education for children;

Promotion of education and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections;

Duty of the State to raise the level of nutrition and the standard of living and to improve public health;

Organisation of agriculture and animal husbandry;

Protection and improvment of environment and safegaurding of forests and wild life;

Protection of monuments and places and objects of national importance;

Separation of judiciary from executive;

Promotion of international peace and security.