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University of Petroleum and Energy Studies

Constitution Assignment Work

Submitted To:Submitted By:

Justice A.C. Kher Hemant Kumar Singh

Roll 26

Sap- ID 500012036

BBA LL.B (I

Contact No. 9458945393

[email protected]



Citizenship

Citizenship has been described under the Articles 5 to 11 of the Indian Constitution.Article 5 to10 have become of historical interest only, whereas Article 11 talks about the future.

The definition of citizen has not been defined in the constitution but it has been said that a

Citizen is a person who enjoys full participation in the political community or state

Now what has been described in the Articles of the Constitution can be interpreted as:-

Article 5 (Citizenship at the commencement of the Constitution)

At the commencement of this Constitution, every person who has his domicile in the territory of

India and

y who was born in the territory of India; or

y either of whose parents was born in the territory of India; or

y who has been ordinarily resident in the territory of India for not less than five years

immediately preceding such commencement, shall be a citizen of India.

Citizenship by domicile is an important cause here. Now there are two types of Domiciles: -

y Domicile by birth: - Every person born here gets a domicile by birth which remains with

him till he doesnt abandon it.

y Domicile by choice:- When the person applies for the residency of another country

fulfilling its requirements.

Article 6 (Rights of citizenship of certain persons who have migrated to

India from Pakistan)

Article 6 explains the clauses of a person being the citizen of India with respect to his migration

from Pakistan. In article 6 of Indian constitution it is stated as follows:- Notwithstanding

anything in article 5, a person who has migrated to the territory of India from the territory now



included in Pakistan shall be deemed to be a citizen of India at the commencement of this

Constitution if

y He or either of his parents or any of his grand-parents was born in India as defined in the

Government of India Act, 1935.

y Now there are two things:-

F irstly, If he had migrated before the nineteenth day of July, 1948, he should:- he should

have originally residing in India since the date of migration.

Secondly if he had migrated to India on or after the nineteenth day of July , 1948,in the

case where such person has so migrated on or after the nineteenth day of July, 1948, he

has been registered as a citizen of India by an officer appointed in that behalf by the

Government of the Dominion of India on an application made by him therefor to such

officer before the commencement of this Constitution in the form and manner prescribedby that Government:

Provided that no person shall be so registered unless he has been resident in the territory of

India for at least six months immediately preceding the date of his application.

Article 7 (Rights of citizenship of certain migrants to Pakistan)

Article 7 gives even more specification to article 5 and 6 i.e. a person who might be called

citizens as per these articles may be disqualified by article 7, It states that:-

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March,

1947,migrated from the territory of India to the territory now included in Pakistan shall not be

deemed to be a citizen of India: Provided that nothing in this article shall apply to a person

who, after having so migrated to the territory now included in Pakistan, has returned to the

territory of India under a permit for resettlement or permanent return issued by or under the

authority of any law and every such person shall for the purposes of clause (b) of article 6 be

deemed to have migrated to the territory of India after the nineteenth day of July, 1948.



Article 8 (Rights of citizenship of certain persons of Indian origin residing

outside India.)

Notwithstanding anything in article 5, any person who or either of whose parents or any of

whose grand-parents was born in India as defined in the Government of India Act, 1935 (as

originally enacted), and who is ordinarily residing in any country outside India as so defined

shall be deemed to be a citizen of India if he has been registered as a citizen of India by thediplomatic or consular representative of India in the country where he is for the time being

residing on an application made by him therefor to such diplomatic or consular representative,

whether before or after the commencement of this Constitution, in the form and manner

prescribed by the Government of the Dominion of India or the Government of India.

Article 9 (Person voluntarily acquiring the citizenship of a foreign state

not to be citizens.)

No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India

by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign

State.

Article 10 (Continuance of the rights of citizenship)

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions

of this Part shall, subject to the provisions of any law that may be made by Parliament,

continue to be such citizen.

Article 11 (Parliament to regulate the right of citizenship by law)

Though there are certain provisions relating to citizenship but the parliament along with the

Citizenship Act, 1955 shall have effect on the citizenship regulations:- Nothing in the foregoing

provisions of this Part shall derogate from the power of Parliament to make any provision with

respect to the acquisition and termination of citizenship and all other matters relating to

citizenship.



Right to Equality

Right to equality as defined in the Indian Constitution are assured by the Articles 14 to 18 of

the Indian Constitution. These rights ensure immunity against discrimination and guarantees

equality before Law. Article 14 best describes and carries a wider scope than subsequent

Articles.

Article 14 (Equality before law)

The State shall not deny to any person equality before the law or the equal protection of thelaws within the territory of India.Equality before the law implies that no one is above the law of

the land. Article 14 guarantees equality before law as well as equal protection of the law to all

persons within the territory of India. This includes the equal subjection of all persons to the

authority of law, as well as equal treatment of persons in similar circumstances. It states that.

Article 14 is thought to be yardstick to measure and implement the Principle of Natural Justice.

Article 14 ensures two basic things: -

y Equality before Law - This concept is often thought to be a negative concept i.e. anyindividual irrespective of his status, power, authority or rank.

y Equal protection by Law It is a positive concept not stating that all individual should

be governed by same laws or treated equally rather it states that every person should

must be applied with same or alike laws in similar situations.

However, the Constitution allows the following exceptions to the rule of equality before the law

:

The President or the Governor of a State is not answerable to any Court for the exercise

and performance of the powers and duties of office;

No criminal proceeding is to be instituted or continued against the President or a

Governor in any Court during his term of office;

No civil proceeding in which relief is claimed against the President or the Governor can

be instituted during his term of office in any Court in respect of any act done by him in

his personal capacity, before or after he entered the office of President or Governor, until

two months expire after notice in writing has been delivered to the President / Governor

stating the nature of the proceedings, the cause of action,- and other details.



These apart, other exceptions, such as in favour of foreign rulers and ambassadors, also

exist in accordance with international standards.

Article 15 (Prohibition of discrimination on grounds of religion, race,caste, sex or place of birth)

(1) The State shall not discriminate against any citizen on grounds only of religion, race,

caste, sex, place of birth or any of them.

(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them,

be subject to any disability, liability, restriction or condition with regard to -

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort

maintained whole or partly out of State funds or dedicated to the use of general public.

(3) Nothing in this article shall prevent the State from making any special provision for

women and children.

(4) Nothing in this article or in clause (2) or article 29 shall prevent the State from making

any special provision for the advancement of any socially and educationally backward

classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 15(1) and (2) contain words only which creates a controversy whether state has no

restriction if the case follows any other cause or a combination of cause, which have not beenmentioned in the Article.

And Sub clauses (3) and (4) of the article seem to be violating the provisions of article 14, but

this could be interpreted as these special provisions are made in order to establish an equal

status of the classes and categories which have been deprived of that equal status in the past

because of some social and religious causes.

Article 16 (Equality of opportunity in matters of public employment)

(1) There shall be equality of opportunity for all citizens in matters relating to employment or

appointment any other office under the state.



(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,

residence or any of them, be ineligible for, or discriminated against in respect of, any

employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard

to a class or classes of employment or appointment to an office under the Government of, or

any local or other authority within, a State or Union territory, any requirement as to residence

within that State or Union territory prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation

of appointments or posts in favour of any backward class of citizens which, in the opinion of

the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for reservation in

matters of promotion to any class or classes of posts in the services under the State in favour of

the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not

adequately represented in the services under the State.

(5)Nothing in this article shall affect the operation of any law which provides that the

incumbent of an office in connection with the affairs of any religious or denominational

institution or any member of the governing body thereof shall be a person professing a

particular religion or belonging to a particular denomination.

Article 17 Abolition of untouchability

This Article of the constitution abolishes the practice of untouchability. Practice of

untouchability is an offense and anyone doing so is punishable by law.[16] The Untouchability

Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976) provided penalties for

preventing a person from entering a place of worship or from taking water from a tank or well.

Article 18 (Abolition of Titles)

No title, not being a military or academic distinction, shall be conferred by the state It

prohibits the State from conferring any titles. Citizens of India cannot accept titles from a

foreign State. The British government had created an aristocratic class known as Rai Bahadurs



and Khan Bahadurs in India these titles were also abolished. However, Military and

academic distinctions can be conferred on the citizens of India. The awards of Bharat Ratna and

Padma Vibhushan cannot be used by the recipient as a title and do not, accordingly, come

within the constitutional prohibition". The Supreme Court, on 15 December 1995, upheld the

validity of such awards.



Right to freedom of Speech"The free communication of ideas and opinions is one of the most precious of the rights of man. Every

citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses

of this freedom as shall be defined by law."

The Rights enumerated in Article 19 (1)of the Indian Constitution are basic rights which are recognized

as natural rights inherent in the status of citizens. And among these entire first is the freedom to

speech contained in the sub clause (1) of Article 19 defining Right to F reedom.

Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that:

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold

opinions without interference and to seek, receive and impart information and ideas through any

media and regardless of frontiers."

F reedom of speech is understood as a multi-faceted right that includes not only the right to express, or

disseminate, information and ideas, but three further distinct aspects:

y The right to seek information and ideas;y The right to receive information and ideas

y The right to impart information and ideas.

Article 19(1)(a) of Indian Constitution says that all citizens have the right to freedom of speech and

expression. F reedom of S peech and expression means the right to express one's own convictions and

opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the

expression of one's idea through any communicable medium or visible representation, such as gesture,

signs, and the like. This expression connotes also publication and thus the freedom of press is included in this category. F ree propagation of ideas is the necessary objective and this may be done on the

platform or through the press. This propagation of ideas is secured by freedom of circulation. Liberty

of circulation is essential to that freedom as the liberty of publication. Indeed, without circulation the

publication would be of little value. The freedom of speech and expression includes liberty to

propagate not one's views only. It also includes the right to propagate or publish the views of other

people; otherwise this freedom would not include the freedom of press.

F reedom of expression has four broad special purposes to serve:

1) It helps an individual to attain self-fulfillment.



2) It assists in the discovery of truth.

3) It strengthens the capacity of an individual in participating in decision-making.

4) It provides a mechanism by which it would be possible to establish a reasonable balance between

stability and social change.

5) All members of society would be able to form their own beliefs and communicate them freely to

others.

In sum, the fundamental principle involved here is the people's right to know. F reedom of speech and expression should, therefore, receive generous support from all those who believe in the participation

of people in the administration. It is on account of this special interest which society has in the

freedom of speech and expression that the approach of the Government should be more cautious

while levying taxes on matters of concerning newspaper industry than while levying taxes on other

matters.

Explaining the scope of freedom of speech and expression Supreme Court has said that the words

"freedom of speech and expression" must be broadly constructed to include the freedom to circulate

one's views by words of mouth or in writing or through audiovisual instrumentalities. It therefore

includes the right to propagate one's views through the print media or through any other

communication channel e.g. the radio and the television. Every citizen of this country therefore has the

right to air his or their views through the printing and or the electronic media subject of course to

permissible restrictions imposed under Article 19(2) of the Constitution.

F reedom to air one's view is the lifeline of any democratic institution and any attempt to stifle,

suffocate or gag this right would sound a death knell to democracy and would help usher in autocracy

or dictatorship. The modern communication mediums advance public interest by informing the public

of the events and development that have taken place and thereby educating the voters, a role

considered significant for the vibrant functioning of a democracy. Therefore, in any setup more so in a

democratic setup like ours, dissemination of news and views for popular consumption is a must and

any attempt to deny the same must be frowned upon unless it falls within the mischief of Article 19(2)

of the Constitution.

The various communication channels are great purveyors of news and views and make considerable

impact on the minds of readers and viewers and our known to mould public. opinion on vitals issues of

national importance. The freedom of speech and expression includes freedom of circulation and

propagation of ideas and therefore the right extends to the citizen to use the media to answer the

criticism leveled against the views propagated by him. Every free citizen has undoubted right to lay

what sentiments he pleases. This freedom must, however, be exercised with circumspection and caremust be taken not to trench on the rights of other citizens or to jeopardize public interest.

F reedom Of Press

The fundamental right of the freedom of presses implicit in the right the freedom of speech and

expression, is essential for the political liberty and proper functioning of democracy. The Indian Press



Commission says that "Democracy can thrive not only under the vigilant eye of legislature, but also

under the care and guidance of public opinion and the press is par excellence, the vehicle through

which opinion can become articulate." Unlike the American Constitution, Art. 19(1)(a) of the Indian

Constitution does not expressly mention the liberty of the press but it has been held that liberty of the

press is included in the freedom of speech and expression. The editor of a press for the manager is

merely exercising the right of the expression, and therefore, no special mention is necessary of the

freedom of the press. F reedom of press is the heart of social and political intercourse. It is the primary

duty of the courts to uphold the freedom of press and invalidate all laws or administrative actions,which interfere with it contrary to the constitutional mandate.

Grounds Of Restrictions

Clause (2) of Article 19 contains the grounds on which restrictions on the freedom of speech and

expression can be imposed:-

1) Security of State: Under Article 19(2) reasonable restrictions can be imposed on freedom of speech

and expression in the interest of security of State. The term "security of state" refers only to serious

and aggravated forms of public order e.g. rebellion, waging war against the State, insurrection and

not ordinary breaches of public order and public safety, e.g. unlawful assembly, riot, affray. Thus

speeches or expression on the part of an individual, which incite to or encourage the commission of

violent crimes, such as, murder are matters, which would undermine the security of State.

3) Public Order: Public order is something more than ordinary maintenance of law and order. 'Public

order' is synonymous with public peace, safety and tranquility. Anything that disturbs public tranquility

or public peace disturbs public order. Thus communal disturbances and strikes promoted with the sole

object of accusing unrest among workmen are offences against public order. Public order thus implies

absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal

avocation of life. Public order also includes public safety.

There must be reasonable and proper nexus or relationship between the restrictions and the

achievements of public order.

4) Decency or morality: The words 'morality or decency' are words of wide meaning. Sections 292 to

294 of the Indian Penal Code provide instances of restrictions on the freedom of speech and expressionin the interest of decency or morality. These sections prohibit the sale or distribution or exhibition of

obscene words, etc. in public places. No fix standard is laid down till now as to what is moral and

indecent. The standard of morality varies from time to time and from place to place.

5) Contempt of Court: Restriction on the freedom of speech and expression can be imposed if it

exceeds the reasonable and fair limit and amounts to contempt of court. According to the Section 2

'Contempt of court' may be either 'civil contempt' or 'criminal contempt.'





Right Against ExploitationThe right against exploitation allows Indian citizens to stand up against any kind of exploitation that

he/ she might be going through. This fundamental right is described in the constitution as: -

Article 23.(Prohibition of traffic in human beings and forced labour)

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited

and any contravention of this provision shall be an offence punishable in accordance with

law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public

purposes, and in imposing such service the State shall not make any discrimination on

grounds only of religion, race, caste or class or any of them.

This Article embodies two declarations, First and most important one is that traffic in human

beings, bagar and other forms of forced labour are prohibited. This prohibition not only applies to

State but also Private Organizations.

Trafficking human beings mean dealing in human beings like goods, as selling and buying them.

Article 24(Prohibition of employment of children in factories, etc.)

No child below the age of fourteen years shall be employed to work in any factory or mine or

engaged in any other hazardous employment. This Article declares provisions in favour of the Health and strength of the young people, as already

stated as per contained in the directives 39 (e) and (f). And forbids employment of children below the

age of 14 years in any factory, mine, or any hazardous place.



Right to freedom of ReligionThe Right to F reedom of Religion, covered in Articles 2528, provides religious freedom to al

citizensand ensures a secular State in India. According to the Constitution, there is no official State

religion, and the State is required to treat all religions impartially and neutrally.

Article 25 ( F reedom of conscience and free profession, practice, and

propagation of religion)

(1). Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2). Nothing in this article shall affect the operation of any existing law or prevent the State from

making any law: -

a) Regulating or restricting any economic financial political or other secular activity which may be

associated with religious practice;

b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

This Article guarantees that every person in India shall have the freedom of conscience and shall have

the right to profess, practise and propagate religion, subject to the restrictions that may be imposed:-

by the state on the following grounds namely: -

(1) Public order, morality and health;

(2) Other provisions of the Constitution;

(3) Regulation of non-religious activity associated with religious practice;

(4) Social welfare and reform;

(5) Throwing open of Hindu religious institutions of a public character to all classes of Hindu.

Article 25 guarantees all persons the freedom of conscience and the right to preach practice and

propagate any religion of their choice. This right is, however, subject to public order, morality and

health, and the power of the State to take measures for social welfare and reform. The right to

propagate, however, does not include the right to convert another individual, since it would amount to

an infringement of the other's right to freedom of conscience.



Article 26 ( F reedom to manage religious affairs)

Subject to public order, morality and health, every religious denomination or any section thereof shall

have the right-

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

Article 26 guarantees all religious denominations and sects, subject to public order, morality and

health, to manage their own affairs in matters of religion, set up institutions of their own for

charitable or religious purposes, and own, acquire and manage property in accordance with law.

These provisions do not derogate from the State's power to acquire property belonging to a religious

denomination. The State is also empowered to regulate any economic, political or other secular

activity associated with religious practice.

Article 27. F reedom as to payment of taxes for promotion of any

particular religion

³No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in

payment of expenses for the promotion or maintenance of any particular religion or religions

denomination

Article 27 guarantees that no person can be compelled to pay taxes for the promotion of any

particular religion or religious institution.The Article aims to encourage and promote the secular

integrity of the country. The gist of this is that public funds accumulated as tax cannot be spent for

the promotion of any specific religious faith by the State. The logic is that India is a secular state that

endows citizens with the right to freedom of religion so it goes against the Constitution to pay any

money out of public funds for the promotion of any religion or religious denomination.

Article 28( F reedom as to attendance at religious instruction or religious

worship in certain educational institutions.)

(1) No religion instruction shall be provided in any educational institution wholly maintained out of

State funds



(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State

but has been established under any endowment or trust which requires that religious instruction shall

be imparted in such institution

(3) No person attending any educational institution recognised by the State or receiving aid out of

State funds shall be required to take part in any religious instruction that may be imparted in such

institution or to attend any religious worship that may be conducted in such institution or in any

premises attached thereto unless such person or, if such person is a minor, his guardian has given his

consent thereto Cultural and Educational Rights.

Article 28 prohibits religious instruction in a wholly State-funded educational institution, and

educational institutions receiving aid from the State cannot compel any of their members to receive

religious instruction or attend religious worship without their (or their guardian's) consent.

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