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INDIAN POLITY
Features of Indian Constitution.
By,
Pavan K Tiwari
INTRODUCTION.
• Originally having 395 Articles divided into 22 parts and 8 schedules, a lengthiest
constitution of the world with systematic elaboration on every topic.
• At present, it contains 448 Articles with 12 schedules and 25 parts as a result of
various amendments (103 till so far, GST Amendment).
LONGEST WRITTEN CONSTITUTION:
• The constitution of India is said to be the longest written constitution in the world because, it
contains:
• The separate provisions for scheduled castes, scheduled tribes, women, children, and backward
regions.
• It contains the detailed list of individual rights, directive principles of state policy and details of
administration procedures which were laid down to make the constitution an easy handy.
Separate provisions
for states and center
and their inter-
relationship
The borrowed provisions
from several sources and
several other constitutions
of the world.
UNIQUE BLEND OF RIGIDITY AND
FLEXIBILITY:
• A Constitution may be called rigid or flexible on the basis of its amending procedure.
• Some parts can be amended by ordinary law making procedure while certain provisions can be
amended only when a Bill for that purpose is passed in each house of Parliament by a majority of
the total membership of that house and by a majority of not less than two-third of the members of
that house present and voting.
• Some amendments are also required to be ratified by the legislatures of not less than one-half of
the states before being presented to the President for assent.
SOVEREIGN, SOCIALIST, SECULAR,
DEMOCRATIC AND REPUBLIC:
• India is governed by its people through their representatives elected on the basis of universal
adult franchise (Government of the people, by the people and for the people).
• India as a sovereign means it manages its internal and external affairs freely without any external
forces. However, it continues to be a member of the commonwealth of Nation with the British
Monarch as its head.
• The term socialist is added by the 42nd Amendment in 1976, means achievement of socialist
goals through democratic, evolutionary and non-violent means. However, India follows the
mixed model of socialist and capitalist economy.
• By secular means it recognizes all religions equally without having any state religion which is a
part of the basic structure.
• By republic means head of the state (President) is elected one and not the monarch.
PARLIAMENTARY SYSTEM OF
GOVERNMENT:
• Theoretically, Parliament controls the functioning of the Council of Ministers; hence it is called
Parliamentary system.
• Here executive is responsible to the legislature and remains in power as long as it enjoys the
confidence of the legislature.
• The President of India, who remains in office for five years, is the nominal, titular or
constitutional head (Executive).
• The Prime Minister is the real executive and head of the Council of Ministers who is collectively
responsible to the lower house (Lok Sabha).
QUIZ!...
• In the context of India, which of the following principles is/are implied institutionally in the parliamentary
government? (2013)
1. Members of the Cabinet are Members of the Parliament.
2. Ministers hold the office till they enjoy confidence in the Parliament.
3. Cabinet is headed by the Head of the State.
• Select the correct answer using the codes given below.
• (a) 1 and 2 only
• (b) 3 only
• (c) 2 and 3 only
• (d) 1, 2 and 3
QUIZ!...
• Q. Consider the following statements: (2013)
1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
2. The Union Ministers shall hold the office during the pleasure of the President of India.
3. The Prime Minister shall communicate to the President about the proposals for Iegislation.
• Which of the Statements given above is/are correct?
• (a) 1 only
• (b) 2 and 3 only
• (c) 1 and 3 only
• (d) 1,2 and 3
“Be focused guys while
you answer”…
QUIZ!...
• Q. Consider the following statements : A Constitutional Government is one which
1.Places effective restrictions on individual liberty in the interest of State Authority
2.Places effective restrictions on the Authority of the State in the interest of individual liberty
• Which of the statements given above is / are correct?
1.1 only
2.2 only.
3.Both 1 and 2
4.Neither 1 nor 2
SINGLE CITIZENSHIP
• Unlike Federation, where citizen enjoys dual citizenship of both State and Union, India has a
single citizenship provided by the union and recognized by all the states across India.
UNIVERSALADULT FRANCHISE:
• The Indian Constitution establishes political equality in India through the method of
universal adult franchise which functions on the basis of ‘one person one vote’. Every Indian
who is 18 years of age or above is entitled to vote in the elections, irrespective of caste, sex,
race, religion or status.
INDEPENDENT AND INTEGRATED JUDICIAL
SYSTEM:
• The judiciary system is kept free from the influence of the executive and the legislature.
• As an integrated system, India has the Supreme Court as the apex court below which High Courts
come.
• The High Courts in turn supervise the lower courts.
FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES
AND DIRECTIVE PRINCIPLES OF STATE POLICY:
• Fundamental Rights are not absolute but are subject to the limitations which are expressly defined
by the constitution itself and are enforceable in the court of law
• The DPSPs are the guidelines to be followed by the states regarding governance and are not
enforceable in the court of law
• The Fundamental Duties, added by the 42nd Amendment are moral conscience which ought to be
followed by the Citizens.
• A Federation with a strong centralizing tendency: India is an indestructible Union with
destructible states means it acquires a unitary character during the time of emergency. Hence,
some experts say it as a quasi federal in nature.
• Balancing Parliamentary supremacy with Judicial Review: An independent judiciary with the
power of judicial review is a prominent feature of our constitution.
• The harmonization which our Constitution has effected between Parliamentary Sovereignty and a
written Constitution with a provision for Judicial Review is an important achievement of the
framers of our Constitution.
SEMINAL SOURCES
A. Constituent Assembly Debate:
• Drawn from the Cabinet Mission Plan, having members including distinguished
lawyers, intellectuals and patriots who took 2 years, 11 months and 18 days to prepare
the constitution.
B. Nehru Report:
Formed under the leadership of Motilal Nehru to boycott the Simon Commission and
made recommendations for the desired constitutional setup for India. Such
recommendations include:
(i) Grant of Empire;
(ii) Creation of a federal structure for India;
(iii) Bicameralism at the Centre;
(iv) Parliamentary and responsible Government in Provinces;
(v) Guarantee of Fundamental Right; and
(vi) Establishment of Supreme Court as the final court of appeal.
C. Objective Resolutions:
• Moved by JL Nehru, spelled out making India a sovereign republic where the ultimate supreme
power is vested with the people.
• It stated that the people would get social, economic and political justice, liberties of all types and
equality.
• This objective resolution acquired the place of Preamble in Indian Constitution.
D. Government of India Act 1935:
India was governed by the GoI Act 1935 at the time when our constitution was in
the process of framing, hence, has been influenced by the same such as:
• Federal set-up;
• Distribution of powers in three lists;
• Provincial autonomy;
• Office of the Governor;
• Bicameral legislature;
• President’s or Governor’s power to issue ordinances; and
• Structure of the Supreme Court.
QUIZ!..
• The distribution of powers between the Centre and the States in the
Indian Constitution is based on the scheme provided in the(2012)
• (a) Morley-Minto Reforms, 1909
• (b) Montagu-Chelmsford Act, 1919
• (c) Government of India Act, 1935
• (d) Indian Independence Act, 1947
EXTERNAL SOURCES
• Irish Constitution: Directive Principles.
• British Constitution: Parliamentary form of government and Parliamentary privileges.
• US Constitution: Fundamental Rights, the Supreme Court, the post of Vice President.
• Canadian Constitution: The Federal system, Union-State Relations and Distribution of Powers.
• Australian Constitution: The concurrent list, Provisions of trade and commerce.
• German (Weimar) Constitution: The emergency provisions.
BORROWED FEATURES
WHY IS THE INDIAN CONSTITUTION CALLED THE BAG OF
BORROW?
• The task of making a constitution for a country like india was a herculean one. The head of
drafting committee.
• Dr. B.R Ambedkar decided to “ransack’ provisions from all the successful democracies of the
world to establish strong and vibrant constitution and adopt features best suited to indian context.
• As, a result Indian Constitution is today called borrowed constitution or patchwork constitution.
Nonetheless.
• it is a curious feature that binds the entire nation with so much of diversity together.
SCHEDULES OF INDIAN CONSTITUTION.
SCHEDULES
Schedules in Indian Constitution
Schedules are lists in the Constitution that categorise and tabulate
bureaucratic activity and policy of the Government.
» First Schedule (Articles 1 and 4) – This lists the states and territories of
India, lists any changes to their borders and the laws used to make that
change.
» Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3),
164(5), 186 and 221)- – This lists the salaries of officials holding public office,
judges, and Comptroller and Auditor General of India.
» Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)—
Forms of Oaths – This lists the oaths of offices for elected officials and judges.
» Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of
seats in the Rajya Sabha (the upper house of Parliament) per State or Union
Territory.
» Fifth Schedule (Article 244(1)) – This provides for the administration and control
of Scheduled Areas and Scheduled Tribes (areas and tribes needing special
protection due to disadvantageous conditions).
» Sixth Schedule (Articles 244(2) and 275(1))— Provisions made for the
administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
» Seventh Schedule (Article 246) —The union (central government), state, and
concurrent lists of responsibilities.
» Eighth Schedule (Articles 344(1) and 351)—The official languages.
» Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations.
» Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for
Members of Parliament and Members of the State Legislatures.
» Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government),
» Twelfth Schedule (Article 243-W) — Municipalities (urban local government).
TEARS OF OLD PM
• 1st Schedule:— T- Territory.
• 2nd Schedule:— E- Emoluments/salary.
• 3rd Schedule:— A- Affirmation/Oath.
• 4th Schedule:— R- Rajya Sabha.
• 5th Schedule:— S- Scheduled Tribes.
• 6th Schedule:— O- other Tribes.
• 7th Schedule:— F- Federal (Division Of Powers.)
• 8th Schedule:— O- Official
Regional Languages
• 9th Schedule:— L- Land Reform
• 10th Schedule:— D- Defection (Anti-
Defection Law)
• 11th Schedule:— P- Panchayati Raj
• 12th Schedule:— M- Municipal
Corporation
QUIZ!..
1. Which Schedule of the Indian Constitution prescribes distribution of
seats in Rajya Sabha?
(a) 3rd Schedule
(b) 4th Schedule
(c) 8th Schedule
(d) 12th Schedule
QUIZ!...
Which schedule of the Constitution contains a provision as to
disqualification of MPs and MLAs on the ground of defection?
(a) 8th Schedule
(b) 9th Schedule
(c) 10th Schedule
(d) 12th Schedule
QUIZ!...
3. Which one of the following Schedules of the Constitution of India
contains provisions regarding anti-defection? (2014)
1.Second Schedule
2.Fifth Schedule
3.Eighth Schedule
4.Tenth Schedule
4. Currently how many Schedules are there in the Constitution of India?
(a) 8
(b) 10
(c) 12
(d) 14
5. 8th Schedule of the Indian Constitution deals with?
(a) Schedule Tribes
(b) disqualification of MPs and MLAs on the ground of defection
(c) Panchayats
(d) Recognised Official Languages
6. Firms of Oath or Affirmations are contained in?
(a) 3rd Schedule
(b) 6th Schedule
(c) 10th Schedule
(d) 12th Schedule
7. Which one of the following Schedule is not matched correctly?
(a) 3rd Schedule - forms of oaths or affirmations
(b) 4th Schedule - Provisions as to President and the Governors of the States
(c) 7th Schedule - Union, State and Concurrent List
(d) 12th Schedule - Municipalities
QUIZ!...
PREAMBLE
• • The Preamble to the constitution embodies the essence of the entire constitution and is like an
introduction and preface of a book. It explains the purposes and objectives with which the
constitution has been written and hence provides the guideline to the constitution.
• The Objective Resolution , proposed by Pandit Nehru and passed by the Constituent Assembly,
ultimately became the Preamble to the Constitution of India.
OBJECTIVES OF PREAMBLE
• Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist,
Secular is added by the 42nd Amendment Act, 1976)
• Provision to all the citizens of India i.e.,
1. Justice – social, economic and political.
2. Liberty – of thought, expression, belief, faith and worship.
3. Equality – of status and of opportunity.
4. Fraternity – assuring dignity of the individual and unity and integrity of the nation.
QUIZ!...
• Which one of the following objectives is not embodied in the Preamble to
• the Constitution of India?
1. Liberty of thought
2. Economic liberty
3. Liberty of expression
4. Liberty of belief
• The mind of the makers of the Constitution of India is
reflected in which of the following?
1. The Preamble
2. The Fundamental Rights
3. The Directive Principles of State Policy
4. The Fundamental Duties
USEFULNESS OF THE PREAMBLE:
• The Preamble sets out the objectives which the constituent assembly intended to achieve. As
Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the
Constitution. It also embodies the ideals and aspirations of the people of India.
• The Preamble is non-justiciable in nature and cannot be enforced in a court of law.
• The Preamble cannot override the specific provisions of the constitution. In case of any conflict
between the two, the latter shall prevail.
• As observed by the Supreme Court, the Preamble plays a limited and yet vital role in removing
the ambiguity surrounding the provisions of the Constitution.
WHETHER THE PREAMBLE IS A PART OF THE
CONSTITUTION OR NOT?
• The supreme court in Re Berubari Union case 1960 , said that the preamble shows the general
purpose behind several provisions of the constitution . But it specifically coined that the preamble
is not a part of the constitution .
• The Supreme Court in the Keshvananda Bharti v/s State of Kerala (1973) case overruled its
earlier decision (Berubari Case 1965) and made it clear that the Preamble is a part of the
constitution and is subject to the amending power of the Parliament as any other constitutional
provisions, subject to basic structure of the constitution.
• However, it is not an essential part of the constitution; still it serves as an important guide to
interpret the true spirit of the Constitution.
• In LIC of India case 1955 , the supreme court again held that the preamble is the integral part of
the Indian constitution .
WHETHER PREAMBLE CAN BE AMENDED OR
NOT?
• The Supreme Court in Keshvananda Bharti (1973) case has held that, Preamble may be amended
subject to basic structure of the constitution. In other words the amendment should not destroy
the basic features of it.
• In fact, Preamble has been amended by 42nd Amendment 1976 whereby three words viz,
socialist, secular and integrity were added.
QUIZ!...
• Preamble gives idea about the following :
1. The source of the constitution,
2. Nature of Indian state
3. A statement of its objectives and
4. The date of its adoption.
SOURCE OF THE CONSTITUTION
• We the people of India.
• The phrase “We the people of India” emphasizes that the constitution is made by and for the
Indian people and not given to them by any outside power.
NATURE OF THE STATE
1.Sovereign
2. Socialist
3. Secular
4. Democratic
5.Republic
OBJECTIVES OF INDIAN STATE
1.Justice : Social, Economic and Political.
2.Equality : of status and opportunity.
3.Liberty : of thought, expression, belief, faith and worship
4.Fraternity (=Brotherhood) : assuring the dignity of the individual and the unity and integrity of
the nation.
DATE OF ITS ADOPTION
• Date of adoption of the Constitution is 26th November, 1949.
• But most of the articles in Constitution came into force on January 26th, 1950.
• Those articles which came into existence on 26th Novemeber 1949 is given by Article 394.
• Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388,
391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution
shall come into force on the twenty-sixth day of January, 1950
QUIZ!...
• Which of the following emerges clearly from the Preamble?
Date of adoption of Constitution
2) Ideals that are to be achieved
3) Nature of Indian state
4) The source of authority of the Constitution
a. Only 1 and 2
b. Only 1, 2 and 4
c. Only 1 and 4 d. All of the above
QUIZ!...
• Which is the correct sequence of the following words in the preamble of the constitution?
a. Sovereign, Democratic, Socialist, Secular, Republic
b. Sovereign, Socialist, Secular, Democratic, Republic
c. Sovereign, Socialist, Democratic, Secular, Republic
d. None of these
• Which case/s emphasized that Preamble is part of the Constitution?
1) Kesavananda Bharati Case
2) LIC of India Case
3) Golakhnath Case
4) Berubari Union Case
a. 1
b. 1, 2
c. 1, 2, 4
d. All of the above
QUIZ!...
• Which of the following statements is not true?
• (A) The date of implementation of Indian Constitution is November 26, 1949
• (B) The “Secular” word was added by the 42nd Constitution Amendment
• (C) The 42nd Constitutional Amendment was done in 1976
• (D) Social, Economic and political justice has been taken from the
Russian Revolution in the Indian Constitution
QUIZ!...
• What is the meaning of "social equality" in the Indian Constitution?
• (A) Lack of opportunities
• (B) Lack of equality
• (C) Equal opportunities for all sections of the societies
• (D) None of the following
QUIZ!...
1. Who among the following said that the preamble of the Indian Constitution is "The Key note of the Constitution"?
• (A) Ernest Barker
• (B) Jawaharlal Nehru
• (C) Dr. Ambedkar
• (D) Nelson Mandela
2. Which of the following statements is true?
• (A) In the Berubari case the Supreme Court had said that the preamble of the Constitution is a part of the Constitution
• (B) In the Keshavanand Bharti case, the Supreme Court had said that the preamble of the Constitution is NOT part of
the Constitution
• (C) "Preamble" of the Indian Constitution has been taken from the Constitution of Canada
• (D) None of the above
LET’S BEGIN.
ARTICLE 1 (1)
• Part-1 of the Constitution deals with the union and its territories from Article-1 to 4
• Article 1 (1) describes that; “India that is Bharat shall be the Union of States”.
WHY UNION AND NOT FEDERATION?
• This was deliberately done by the drafting committee to make it clear that the Union is not the
result from an agreement with the states rather it is the union which created the states. The states
have no right to secede under the constitution.
• Though the union is indestructible but the states are destructible in the sense that Parliament can
change their name, boundary or create new states.
UNION OF INDIA?...
• The Union of India consists of all the states excluding the Union Territories and the
Territories of India consists of states as well as union territories.
Dhar Commission (1948):
During this period (1948-49) the southern states were particular on re-organisation of
states on linguistic basis. SK Dhar committee was constituted in 1948 that recommended
that the rationale for re-organization of the states should be on the basis of administrative
conveniences rather linguistic factors.
COMISSION
• JVP Commission (1949):
The Dhar committee recommendation was not accepted by all and to reconsider the
recommendation JVP committee was constituted with the Prime Minister Jawaharlal Nehru as a
member and Vallabbhai Patel and Pattabhi Sitaramayya as other two members.
However, JVP Committee also did not favor the linguistic ground. The only exclusion
was creation of Andhra Pradesh which had a fair share of geographical area that was dominated by
Telugu speaking people from Madras Constituency.
It suggested that the security, unity, and economic prosperity of the nation as the criteria of
reorganization.
(ART – 2, 3 & 4):
• Formation of new states and alteration of boundaries: The Procedure
• Article 2: says that the Parliament may by law admit into the Union or establish new
states on such terms and conditions as it thinks fit.
• Article 3: empowers Parliament to form new states and can alter the area, boundaries or
names of the existing states by a law passed by a simple majority. The bill to the same
effect requires prior president’s recommendations.
• The President before introducing the Bill shall refer it to the State Legislature
concerned for its opinion within a specified time limit which can be extended.
CONTD…
• The Bill may be introduced even if the opinion has not come. The Parliament is not bound to
accept or act upon the views of the State Legislature.
• If the original Bill is intended to be amended it is not necessary to refer the amendments to the
State legislature again.
• Article 4 also says that the changes made under Art 2 and 3 shall not be deemed to be an
amendment of this Constitution for the purpose of Article 368.
LETS BEGIN.
ARTICLE 5 TO 11
• The population of a state is divided into: Citizens, Aliens and Stateless Persons.
• Citizens: Who are full members of the State and owe allegiance to it. These citizens enjoy full
civil and political rights
• Aliens: Who are citizens of some other states and are not entitled to all constitutional and other
rights. • Aliens are of two types: Friendly Aliens and Enemy Aliens.
• Friendly Aliens: They have the right to life and personal liberty (Art 21) but not the freedoms
enumerated in Art 19.
• Enemy Aliens: Are those people whose country is at war with India and also the Indian
Citizens who voluntarily reside in or trade with such a State. Such Aliens suffer special
disabilities. They are not even entitled to the benefits of Art 22.
RIGHTS AND ADVANTAGES NOT ENJOYED BY THE
ALIENS BUT CERTAINLY ENJOYED BY THE
CITIZENS
• Articles 15, 16, 19, 29 and 30 are denied to aliens.
• Some higher offices like President, Vice-President, Judges of SC and HCs, Attorney General,
Governor of State, Advocate General etc. are not entitled for the aliens.
• Right of suffrage for election to Lok Sabha and Legislative Assembly and right to become a
Member of Parliament and of the Legislature of a State are confined only to Citizens.
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 :
Who was born in the territory of India; or
• Either of whose parents was born in the territory of India; or
• 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.
ARTICLES 6 & 7
• Deal with two categories of persons, those who were residing in India but had migrated to
Pakistan and those who were residing in Pakistan but had migrated to India. Those who migrated
from Pakistan to India were divided into two categories:
• Who came before July 19, 1948 and
• Who came after July 19, 1948.
• As pre Article 6 those who came before 19th July 1948, would automatically become citizens on
the commencement of the Constitution and those who came after July 19th would need to be
registered in the form and manner prescribed for this purpose by the Government of India.
ARTICLES
• Article 7 provides for those who had migrated to Pakistan but who had returned to India from
Pakistan with the intention of permanently residing in India.
• In dealing with persons who left India for Pakistan and who subsequently returned from Pakistan
to India, allowed them to come and settle permanently under what is called a ‘permit system’.
This permit system was introduced from July 19, 1948.
• Article 8 provides citizenship to Indians who are in abroad.
• Article 9 deals with the Persons voluntarily acquiring citizenship of a foreign State not to be
Indian citizens.
ARTICLES
• Article 10: Continuance of the rights of citizenship as per the law made by the Parliament.
• Article 11 expressly confers power on the Parliament to make laws to provide for such matters
regarding citizenship. Consequently, Parliament enacted the Citizenship Act of 1955
Acquisition of Indian Citizenship as per Citizenship Act 1955:
• Indian Citizenship can be acquired under the following ways:
1. Citizenship at the commencement of the constitution of India
2. Citizenship by birth.
3. Citizenship by descent.
4. Citizenship by registration.
5. Citizenship by naturalization.
LOSE CITIZENSHIP
• By Renunciation: If any citizen of India who is also a national of another country renounces his
Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian
citizen of registration of such declaration.
• By Termination: Any person who acquired Indian citizenship by naturalisation, registration or
otherwise,, of he or she voluntarily acquired the citizenship of another country he shall have
ceased to be a citizen of India from the date of such acquisition
• By Deprivation: The Central Government is empowered to deprive a citizen of his citizenship by
possible grounds of a citizenship certificate by means of fraud, false representation, concealment
of any material fact; disloyalty of disaffection towards the Constitution shown by act or speech;
assisting an enemy with whom India is at war.
DIFFERENCES
MERGER OF OCI AND PIO?
The government has decided to merge the two cards of PIO and OCI and go ahead in this direction.
• Merging PIO and OCI will lead to simplification of the rules under a single umbrella.
• It was envisaged that merger of the card would facilitate visa-free travel to India, rights of
residency and participation in business and educational activities in the country.
• This is aimed at simplifying the visa-free entry for people of Indian origin into India.
• The merger of the two cards could make PIO cardholders eligible for benefits already enjoyed
by OCI cardholders
• Merging of the two cards will facilitate travel of Indians staying abroad and their participation in
various activities in India.
OTHER CHANGES TO CITIZENSHIP PROVISIONS
• The Union Cabinet has approved proposals for extending several benefits to ‘persecuted’
minorities from Pakistan, Afghanistan and Bangladesh living in India on long-term visas.
• Many members of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have come
to India fearing persecution in their home countries.
• The beneficiaries can buy property for self-occupation or use in self-employment.
• They are allowed free movement within the State of their stay, and can get their long-term visa
papers transferred from one State to another.
• The government has permitted them to apply for long-term visas from the place of their
current residence, even if they have moved to the present place without seeking permission.

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Indian polity by Legacy IAS Academy- Best IAS Coaching in Bangalore

  • 1. INDIAN POLITY Features of Indian Constitution. By, Pavan K Tiwari
  • 2. INTRODUCTION. • Originally having 395 Articles divided into 22 parts and 8 schedules, a lengthiest constitution of the world with systematic elaboration on every topic. • At present, it contains 448 Articles with 12 schedules and 25 parts as a result of various amendments (103 till so far, GST Amendment).
  • 3. LONGEST WRITTEN CONSTITUTION: • The constitution of India is said to be the longest written constitution in the world because, it contains: • The separate provisions for scheduled castes, scheduled tribes, women, children, and backward regions. • It contains the detailed list of individual rights, directive principles of state policy and details of administration procedures which were laid down to make the constitution an easy handy. Separate provisions for states and center and their inter- relationship The borrowed provisions from several sources and several other constitutions of the world.
  • 4. UNIQUE BLEND OF RIGIDITY AND FLEXIBILITY: • A Constitution may be called rigid or flexible on the basis of its amending procedure. • Some parts can be amended by ordinary law making procedure while certain provisions can be amended only when a Bill for that purpose is passed in each house of Parliament by a majority of the total membership of that house and by a majority of not less than two-third of the members of that house present and voting. • Some amendments are also required to be ratified by the legislatures of not less than one-half of the states before being presented to the President for assent.
  • 5. SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC AND REPUBLIC: • India is governed by its people through their representatives elected on the basis of universal adult franchise (Government of the people, by the people and for the people). • India as a sovereign means it manages its internal and external affairs freely without any external forces. However, it continues to be a member of the commonwealth of Nation with the British Monarch as its head. • The term socialist is added by the 42nd Amendment in 1976, means achievement of socialist goals through democratic, evolutionary and non-violent means. However, India follows the mixed model of socialist and capitalist economy. • By secular means it recognizes all religions equally without having any state religion which is a part of the basic structure. • By republic means head of the state (President) is elected one and not the monarch.
  • 6. PARLIAMENTARY SYSTEM OF GOVERNMENT: • Theoretically, Parliament controls the functioning of the Council of Ministers; hence it is called Parliamentary system. • Here executive is responsible to the legislature and remains in power as long as it enjoys the confidence of the legislature. • The President of India, who remains in office for five years, is the nominal, titular or constitutional head (Executive). • The Prime Minister is the real executive and head of the Council of Ministers who is collectively responsible to the lower house (Lok Sabha).
  • 7. QUIZ!... • In the context of India, which of the following principles is/are implied institutionally in the parliamentary government? (2013) 1. Members of the Cabinet are Members of the Parliament. 2. Ministers hold the office till they enjoy confidence in the Parliament. 3. Cabinet is headed by the Head of the State. • Select the correct answer using the codes given below. • (a) 1 and 2 only • (b) 3 only • (c) 2 and 3 only • (d) 1, 2 and 3
  • 8. QUIZ!... • Q. Consider the following statements: (2013) 1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament. 2. The Union Ministers shall hold the office during the pleasure of the President of India. 3. The Prime Minister shall communicate to the President about the proposals for Iegislation. • Which of the Statements given above is/are correct? • (a) 1 only • (b) 2 and 3 only • (c) 1 and 3 only • (d) 1,2 and 3 “Be focused guys while you answer”…
  • 9. QUIZ!... • Q. Consider the following statements : A Constitutional Government is one which 1.Places effective restrictions on individual liberty in the interest of State Authority 2.Places effective restrictions on the Authority of the State in the interest of individual liberty • Which of the statements given above is / are correct? 1.1 only 2.2 only. 3.Both 1 and 2 4.Neither 1 nor 2
  • 10. SINGLE CITIZENSHIP • Unlike Federation, where citizen enjoys dual citizenship of both State and Union, India has a single citizenship provided by the union and recognized by all the states across India.
  • 11. UNIVERSALADULT FRANCHISE: • The Indian Constitution establishes political equality in India through the method of universal adult franchise which functions on the basis of ‘one person one vote’. Every Indian who is 18 years of age or above is entitled to vote in the elections, irrespective of caste, sex, race, religion or status.
  • 12. INDEPENDENT AND INTEGRATED JUDICIAL SYSTEM: • The judiciary system is kept free from the influence of the executive and the legislature. • As an integrated system, India has the Supreme Court as the apex court below which High Courts come. • The High Courts in turn supervise the lower courts.
  • 13. FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES AND DIRECTIVE PRINCIPLES OF STATE POLICY: • Fundamental Rights are not absolute but are subject to the limitations which are expressly defined by the constitution itself and are enforceable in the court of law • The DPSPs are the guidelines to be followed by the states regarding governance and are not enforceable in the court of law • The Fundamental Duties, added by the 42nd Amendment are moral conscience which ought to be followed by the Citizens.
  • 14. • A Federation with a strong centralizing tendency: India is an indestructible Union with destructible states means it acquires a unitary character during the time of emergency. Hence, some experts say it as a quasi federal in nature. • Balancing Parliamentary supremacy with Judicial Review: An independent judiciary with the power of judicial review is a prominent feature of our constitution. • The harmonization which our Constitution has effected between Parliamentary Sovereignty and a written Constitution with a provision for Judicial Review is an important achievement of the framers of our Constitution.
  • 15.
  • 16. SEMINAL SOURCES A. Constituent Assembly Debate: • Drawn from the Cabinet Mission Plan, having members including distinguished lawyers, intellectuals and patriots who took 2 years, 11 months and 18 days to prepare the constitution.
  • 17. B. Nehru Report: Formed under the leadership of Motilal Nehru to boycott the Simon Commission and made recommendations for the desired constitutional setup for India. Such recommendations include: (i) Grant of Empire; (ii) Creation of a federal structure for India; (iii) Bicameralism at the Centre; (iv) Parliamentary and responsible Government in Provinces; (v) Guarantee of Fundamental Right; and (vi) Establishment of Supreme Court as the final court of appeal.
  • 18. C. Objective Resolutions: • Moved by JL Nehru, spelled out making India a sovereign republic where the ultimate supreme power is vested with the people. • It stated that the people would get social, economic and political justice, liberties of all types and equality. • This objective resolution acquired the place of Preamble in Indian Constitution.
  • 19. D. Government of India Act 1935: India was governed by the GoI Act 1935 at the time when our constitution was in the process of framing, hence, has been influenced by the same such as: • Federal set-up; • Distribution of powers in three lists; • Provincial autonomy; • Office of the Governor; • Bicameral legislature; • President’s or Governor’s power to issue ordinances; and • Structure of the Supreme Court.
  • 20. QUIZ!.. • The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the(2012) • (a) Morley-Minto Reforms, 1909 • (b) Montagu-Chelmsford Act, 1919 • (c) Government of India Act, 1935 • (d) Indian Independence Act, 1947
  • 21. EXTERNAL SOURCES • Irish Constitution: Directive Principles. • British Constitution: Parliamentary form of government and Parliamentary privileges. • US Constitution: Fundamental Rights, the Supreme Court, the post of Vice President. • Canadian Constitution: The Federal system, Union-State Relations and Distribution of Powers. • Australian Constitution: The concurrent list, Provisions of trade and commerce. • German (Weimar) Constitution: The emergency provisions.
  • 23. WHY IS THE INDIAN CONSTITUTION CALLED THE BAG OF BORROW? • The task of making a constitution for a country like india was a herculean one. The head of drafting committee. • Dr. B.R Ambedkar decided to “ransack’ provisions from all the successful democracies of the world to establish strong and vibrant constitution and adopt features best suited to indian context. • As, a result Indian Constitution is today called borrowed constitution or patchwork constitution. Nonetheless. • it is a curious feature that binds the entire nation with so much of diversity together.
  • 24. SCHEDULES OF INDIAN CONSTITUTION.
  • 25. SCHEDULES Schedules in Indian Constitution Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government. » First Schedule (Articles 1 and 4) – This lists the states and territories of India, lists any changes to their borders and the laws used to make that change. » Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)- – This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India. » Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)— Forms of Oaths – This lists the oaths of offices for elected officials and judges. » Fourth Schedule (Articles 4(1) and 80(2)) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
  • 26. » Fifth Schedule (Article 244(1)) – This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions). » Sixth Schedule (Articles 244(2) and 275(1))— Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. » Seventh Schedule (Article 246) —The union (central government), state, and concurrent lists of responsibilities. » Eighth Schedule (Articles 344(1) and 351)—The official languages. » Ninth Schedule (Article 31-B) – Validation of certain Acts and Regulations. » Tenth Schedule (Articles 102(2) and 191(2))—"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. » Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government), » Twelfth Schedule (Article 243-W) — Municipalities (urban local government).
  • 27. TEARS OF OLD PM • 1st Schedule:— T- Territory. • 2nd Schedule:— E- Emoluments/salary. • 3rd Schedule:— A- Affirmation/Oath. • 4th Schedule:— R- Rajya Sabha. • 5th Schedule:— S- Scheduled Tribes. • 6th Schedule:— O- other Tribes. • 7th Schedule:— F- Federal (Division Of Powers.) • 8th Schedule:— O- Official Regional Languages • 9th Schedule:— L- Land Reform • 10th Schedule:— D- Defection (Anti- Defection Law) • 11th Schedule:— P- Panchayati Raj • 12th Schedule:— M- Municipal Corporation
  • 28. QUIZ!.. 1. Which Schedule of the Indian Constitution prescribes distribution of seats in Rajya Sabha? (a) 3rd Schedule (b) 4th Schedule (c) 8th Schedule (d) 12th Schedule
  • 29. QUIZ!... Which schedule of the Constitution contains a provision as to disqualification of MPs and MLAs on the ground of defection? (a) 8th Schedule (b) 9th Schedule (c) 10th Schedule (d) 12th Schedule
  • 30. QUIZ!... 3. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (2014) 1.Second Schedule 2.Fifth Schedule 3.Eighth Schedule 4.Tenth Schedule
  • 31. 4. Currently how many Schedules are there in the Constitution of India? (a) 8 (b) 10 (c) 12 (d) 14 5. 8th Schedule of the Indian Constitution deals with? (a) Schedule Tribes (b) disqualification of MPs and MLAs on the ground of defection (c) Panchayats (d) Recognised Official Languages 6. Firms of Oath or Affirmations are contained in? (a) 3rd Schedule (b) 6th Schedule (c) 10th Schedule (d) 12th Schedule
  • 32. 7. Which one of the following Schedule is not matched correctly? (a) 3rd Schedule - forms of oaths or affirmations (b) 4th Schedule - Provisions as to President and the Governors of the States (c) 7th Schedule - Union, State and Concurrent List (d) 12th Schedule - Municipalities QUIZ!...
  • 33.
  • 34.
  • 35. PREAMBLE • • The Preamble to the constitution embodies the essence of the entire constitution and is like an introduction and preface of a book. It explains the purposes and objectives with which the constitution has been written and hence provides the guideline to the constitution. • The Objective Resolution , proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble to the Constitution of India.
  • 36. OBJECTIVES OF PREAMBLE • Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist, Secular is added by the 42nd Amendment Act, 1976) • Provision to all the citizens of India i.e., 1. Justice – social, economic and political. 2. Liberty – of thought, expression, belief, faith and worship. 3. Equality – of status and of opportunity. 4. Fraternity – assuring dignity of the individual and unity and integrity of the nation.
  • 37. QUIZ!... • Which one of the following objectives is not embodied in the Preamble to • the Constitution of India? 1. Liberty of thought 2. Economic liberty 3. Liberty of expression 4. Liberty of belief • The mind of the makers of the Constitution of India is reflected in which of the following? 1. The Preamble 2. The Fundamental Rights 3. The Directive Principles of State Policy 4. The Fundamental Duties
  • 38. USEFULNESS OF THE PREAMBLE: • The Preamble sets out the objectives which the constituent assembly intended to achieve. As Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution. It also embodies the ideals and aspirations of the people of India. • The Preamble is non-justiciable in nature and cannot be enforced in a court of law. • The Preamble cannot override the specific provisions of the constitution. In case of any conflict between the two, the latter shall prevail. • As observed by the Supreme Court, the Preamble plays a limited and yet vital role in removing the ambiguity surrounding the provisions of the Constitution.
  • 39. WHETHER THE PREAMBLE IS A PART OF THE CONSTITUTION OR NOT? • The supreme court in Re Berubari Union case 1960 , said that the preamble shows the general purpose behind several provisions of the constitution . But it specifically coined that the preamble is not a part of the constitution . • The Supreme Court in the Keshvananda Bharti v/s State of Kerala (1973) case overruled its earlier decision (Berubari Case 1965) and made it clear that the Preamble is a part of the constitution and is subject to the amending power of the Parliament as any other constitutional provisions, subject to basic structure of the constitution. • However, it is not an essential part of the constitution; still it serves as an important guide to interpret the true spirit of the Constitution. • In LIC of India case 1955 , the supreme court again held that the preamble is the integral part of the Indian constitution .
  • 40. WHETHER PREAMBLE CAN BE AMENDED OR NOT? • The Supreme Court in Keshvananda Bharti (1973) case has held that, Preamble may be amended subject to basic structure of the constitution. In other words the amendment should not destroy the basic features of it. • In fact, Preamble has been amended by 42nd Amendment 1976 whereby three words viz, socialist, secular and integrity were added.
  • 41. QUIZ!... • Preamble gives idea about the following : 1. The source of the constitution, 2. Nature of Indian state 3. A statement of its objectives and 4. The date of its adoption.
  • 42. SOURCE OF THE CONSTITUTION • We the people of India. • The phrase “We the people of India” emphasizes that the constitution is made by and for the Indian people and not given to them by any outside power. NATURE OF THE STATE 1.Sovereign 2. Socialist 3. Secular 4. Democratic 5.Republic
  • 43. OBJECTIVES OF INDIAN STATE 1.Justice : Social, Economic and Political. 2.Equality : of status and opportunity. 3.Liberty : of thought, expression, belief, faith and worship 4.Fraternity (=Brotherhood) : assuring the dignity of the individual and the unity and integrity of the nation.
  • 44. DATE OF ITS ADOPTION • Date of adoption of the Constitution is 26th November, 1949. • But most of the articles in Constitution came into force on January 26th, 1950. • Those articles which came into existence on 26th Novemeber 1949 is given by Article 394. • Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950
  • 45. QUIZ!... • Which of the following emerges clearly from the Preamble? Date of adoption of Constitution 2) Ideals that are to be achieved 3) Nature of Indian state 4) The source of authority of the Constitution a. Only 1 and 2 b. Only 1, 2 and 4 c. Only 1 and 4 d. All of the above
  • 46. QUIZ!... • Which is the correct sequence of the following words in the preamble of the constitution? a. Sovereign, Democratic, Socialist, Secular, Republic b. Sovereign, Socialist, Secular, Democratic, Republic c. Sovereign, Socialist, Democratic, Secular, Republic d. None of these • Which case/s emphasized that Preamble is part of the Constitution? 1) Kesavananda Bharati Case 2) LIC of India Case 3) Golakhnath Case 4) Berubari Union Case a. 1 b. 1, 2 c. 1, 2, 4 d. All of the above
  • 47. QUIZ!... • Which of the following statements is not true? • (A) The date of implementation of Indian Constitution is November 26, 1949 • (B) The “Secular” word was added by the 42nd Constitution Amendment • (C) The 42nd Constitutional Amendment was done in 1976 • (D) Social, Economic and political justice has been taken from the Russian Revolution in the Indian Constitution
  • 48. QUIZ!... • What is the meaning of "social equality" in the Indian Constitution? • (A) Lack of opportunities • (B) Lack of equality • (C) Equal opportunities for all sections of the societies • (D) None of the following
  • 49. QUIZ!... 1. Who among the following said that the preamble of the Indian Constitution is "The Key note of the Constitution"? • (A) Ernest Barker • (B) Jawaharlal Nehru • (C) Dr. Ambedkar • (D) Nelson Mandela 2. Which of the following statements is true? • (A) In the Berubari case the Supreme Court had said that the preamble of the Constitution is a part of the Constitution • (B) In the Keshavanand Bharti case, the Supreme Court had said that the preamble of the Constitution is NOT part of the Constitution • (C) "Preamble" of the Indian Constitution has been taken from the Constitution of Canada • (D) None of the above
  • 51. ARTICLE 1 (1) • Part-1 of the Constitution deals with the union and its territories from Article-1 to 4 • Article 1 (1) describes that; “India that is Bharat shall be the Union of States”.
  • 52. WHY UNION AND NOT FEDERATION? • This was deliberately done by the drafting committee to make it clear that the Union is not the result from an agreement with the states rather it is the union which created the states. The states have no right to secede under the constitution. • Though the union is indestructible but the states are destructible in the sense that Parliament can change their name, boundary or create new states.
  • 53. UNION OF INDIA?... • The Union of India consists of all the states excluding the Union Territories and the Territories of India consists of states as well as union territories. Dhar Commission (1948): During this period (1948-49) the southern states were particular on re-organisation of states on linguistic basis. SK Dhar committee was constituted in 1948 that recommended that the rationale for re-organization of the states should be on the basis of administrative conveniences rather linguistic factors.
  • 54. COMISSION • JVP Commission (1949): The Dhar committee recommendation was not accepted by all and to reconsider the recommendation JVP committee was constituted with the Prime Minister Jawaharlal Nehru as a member and Vallabbhai Patel and Pattabhi Sitaramayya as other two members. However, JVP Committee also did not favor the linguistic ground. The only exclusion was creation of Andhra Pradesh which had a fair share of geographical area that was dominated by Telugu speaking people from Madras Constituency. It suggested that the security, unity, and economic prosperity of the nation as the criteria of reorganization.
  • 55. (ART – 2, 3 & 4): • Formation of new states and alteration of boundaries: The Procedure • Article 2: says that the Parliament may by law admit into the Union or establish new states on such terms and conditions as it thinks fit. • Article 3: empowers Parliament to form new states and can alter the area, boundaries or names of the existing states by a law passed by a simple majority. The bill to the same effect requires prior president’s recommendations. • The President before introducing the Bill shall refer it to the State Legislature concerned for its opinion within a specified time limit which can be extended.
  • 56. CONTD… • The Bill may be introduced even if the opinion has not come. The Parliament is not bound to accept or act upon the views of the State Legislature. • If the original Bill is intended to be amended it is not necessary to refer the amendments to the State legislature again. • Article 4 also says that the changes made under Art 2 and 3 shall not be deemed to be an amendment of this Constitution for the purpose of Article 368.
  • 58. ARTICLE 5 TO 11 • The population of a state is divided into: Citizens, Aliens and Stateless Persons. • Citizens: Who are full members of the State and owe allegiance to it. These citizens enjoy full civil and political rights • Aliens: Who are citizens of some other states and are not entitled to all constitutional and other rights. • Aliens are of two types: Friendly Aliens and Enemy Aliens. • Friendly Aliens: They have the right to life and personal liberty (Art 21) but not the freedoms enumerated in Art 19. • Enemy Aliens: Are those people whose country is at war with India and also the Indian Citizens who voluntarily reside in or trade with such a State. Such Aliens suffer special disabilities. They are not even entitled to the benefits of Art 22.
  • 59. RIGHTS AND ADVANTAGES NOT ENJOYED BY THE ALIENS BUT CERTAINLY ENJOYED BY THE CITIZENS • Articles 15, 16, 19, 29 and 30 are denied to aliens. • Some higher offices like President, Vice-President, Judges of SC and HCs, Attorney General, Governor of State, Advocate General etc. are not entitled for the aliens. • Right of suffrage for election to Lok Sabha and Legislative Assembly and right to become a Member of Parliament and of the Legislature of a State are confined only to Citizens.
  • 60. 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 : Who was born in the territory of India; or • Either of whose parents was born in the territory of India; or • 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.
  • 61. ARTICLES 6 & 7 • Deal with two categories of persons, those who were residing in India but had migrated to Pakistan and those who were residing in Pakistan but had migrated to India. Those who migrated from Pakistan to India were divided into two categories: • Who came before July 19, 1948 and • Who came after July 19, 1948. • As pre Article 6 those who came before 19th July 1948, would automatically become citizens on the commencement of the Constitution and those who came after July 19th would need to be registered in the form and manner prescribed for this purpose by the Government of India.
  • 62. ARTICLES • Article 7 provides for those who had migrated to Pakistan but who had returned to India from Pakistan with the intention of permanently residing in India. • In dealing with persons who left India for Pakistan and who subsequently returned from Pakistan to India, allowed them to come and settle permanently under what is called a ‘permit system’. This permit system was introduced from July 19, 1948. • Article 8 provides citizenship to Indians who are in abroad. • Article 9 deals with the Persons voluntarily acquiring citizenship of a foreign State not to be Indian citizens.
  • 63. ARTICLES • Article 10: Continuance of the rights of citizenship as per the law made by the Parliament. • Article 11 expressly confers power on the Parliament to make laws to provide for such matters regarding citizenship. Consequently, Parliament enacted the Citizenship Act of 1955 Acquisition of Indian Citizenship as per Citizenship Act 1955: • Indian Citizenship can be acquired under the following ways: 1. Citizenship at the commencement of the constitution of India 2. Citizenship by birth. 3. Citizenship by descent. 4. Citizenship by registration. 5. Citizenship by naturalization.
  • 64. LOSE CITIZENSHIP • By Renunciation: If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen of registration of such declaration. • By Termination: Any person who acquired Indian citizenship by naturalisation, registration or otherwise,, of he or she voluntarily acquired the citizenship of another country he shall have ceased to be a citizen of India from the date of such acquisition • By Deprivation: The Central Government is empowered to deprive a citizen of his citizenship by possible grounds of a citizenship certificate by means of fraud, false representation, concealment of any material fact; disloyalty of disaffection towards the Constitution shown by act or speech; assisting an enemy with whom India is at war.
  • 66. MERGER OF OCI AND PIO? The government has decided to merge the two cards of PIO and OCI and go ahead in this direction. • Merging PIO and OCI will lead to simplification of the rules under a single umbrella. • It was envisaged that merger of the card would facilitate visa-free travel to India, rights of residency and participation in business and educational activities in the country. • This is aimed at simplifying the visa-free entry for people of Indian origin into India. • The merger of the two cards could make PIO cardholders eligible for benefits already enjoyed by OCI cardholders • Merging of the two cards will facilitate travel of Indians staying abroad and their participation in various activities in India.
  • 67. OTHER CHANGES TO CITIZENSHIP PROVISIONS • The Union Cabinet has approved proposals for extending several benefits to ‘persecuted’ minorities from Pakistan, Afghanistan and Bangladesh living in India on long-term visas. • Many members of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have come to India fearing persecution in their home countries. • The beneficiaries can buy property for self-occupation or use in self-employment. • They are allowed free movement within the State of their stay, and can get their long-term visa papers transferred from one State to another. • The government has permitted them to apply for long-term visas from the place of their current residence, even if they have moved to the present place without seeking permission.