SYNOPSIS [21st JANUARY,2021] Day 10: IASbaba’s TLP (Phase 1): UPSC Mains Answer Writing (General Studies)
1. Preamble is the philosophical key to the Indian Constitution. Elucidate.
Approach
A simple and straightforward question where in you need to elucidate upon the aspect of Preamble being the philosophical key to the Indian constitution through multiple example’s and details of preamble.
Introduction
Preamble refers to the preface of the constitution. It embodies the basic philosophy and fundamental values on which Indian Constitution is based i.e., moral, political and religious. As it reflects the dreams of the founding fathers of the constitution, SC has held that Preamble is the key to understanding the mind of constitution makers.
Body
As Constituent Assembly member Pandit Thakur Das Bhargava observes ‘The Preamble is soul of the constitution. It is a key to the Constitution’. It acts a philosophical key with –
As Justice Sikri observed, “It seems to me that the preamble of our Constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble vision expressed in the preamble.”
Conclusion
It will not be wrong to say that the spirit or the ideology behind the Constitution is sufficiently crystallized in the preamble. The Preamble embodies the spirit of the constitution to build up an independent nation which will ensure the triumph of justice, liberty, equality, and fraternity.
2. Even though the term ‘secular’ was added to the preamble by the 42nd amendment, the Indian Constitution was already secular in its principles and provisions. Do you agree? Comment.
Approach
Students are expected to write about the term secular in the preamble. And highlight on how Indian constitution was already a secular in its principles and provision.
Introduction
Secularism is a doctrine that states religion is kept separate from the social, political, economical and cultural spheres of life. Religion is open to one and all and is given as a personal choice to an individual without any different treatment to the latter. In the words of P B Gajendragadkar, a former Chief Justice of India, secularism is defined as ‘The State does not owe loyalty to any particular religion as such: it is not irreligious or anti-religious; it gives equal freedom to all religions.
Body
Secular term in the preamble:
Indian Constitution guaranteed secular principles and provision even before 42nd constitutional amendment such as:
Through fundamental rights:
Through DPSP:
Through preamble:
Through adult franchise:
The constituent assembly has visualised the peculiar situations of the country and arranged Indian constitution to secure secular principles. It made incumbent upon the state to take positive as well as negative actions to promote fraternity with upholding secular provision and principles.
Threats to Secularism:
Conclusion
Secularism undoubtedly helps and aspires to enable every citizen to enjoy fully the blessing of life, liberty and happiness, but in the pursuit of this ideal, those who believes in secularism must be inspired by a sense of ethical purpose in dealing with their fellow citizens.
3. Discuss the doctrine of basic structure and its significance in a constitutional democracy.
Approach-
question is straight forward. Candidate is required to give evolution of basic structure doctrine in the beginning, laid out its significance in context of healthy working of Indian democracy.
Introduction
Basic means, base, foundation on which a thing stands. In case the base is removed, the structure will fall. The Doctrine of Basic Structure signifies the basic features of the Constitution, which cannot be changed or amended.
Body
Keshavananda Bharati case
Fundamental Rights and the mandate to build a welfare
state contained in the directive principles;
Since then, the constituents of the Basic Structure have reviewed, examined and delved into by the Supreme Court in several cases.
Significance
Conclusion
Basic structure of constitution is cornerstone of democratic form of government. We have witnessed altering destruction of constitution by political class in our neighbourhood and all over the world. The robustness of Indian constitution derives its power from seminal principles of basic structure which is necessary for working constitutional democracy.
4. What according to you have been the two most landmark amendments to the Indian Constitution in the 21st century? Substantiate.
Approach
As the derivative is substantiate so it necessitates an explanation in which you have to give evidence or provide information to prove that something is true
Introduction
Under Article 368 of the Indian Constitution, the Parliament is empowered to amend it and its procedures. Amendments to the Indian Constitution are not easy to produce and require compliance with other provisions. Article 368 grants Parliament some powers allowing it to amend it while keeping its fundamental form just the same. In 73 years of Indian Independence, the constitution has been amended 104 times.
Body
THE TWO MOST LANDMARK AMENDMENTS TO THE INDIAN CONSTITUTION IN THE 21ST CENTURY
Conclusion
Article 368 is vague on whether or not the parliament has the right to change the basic structure, but this still does not mean this Article 368 imposes the restriction on the modification of the basic structure and Part III of the Constitution. Although having provisions to amend the constitution was progressive to the fathers of our nation, it is important that such provisions are not misused. Misuse could lead to undue legislative or executive authority that could rip apart the fabric of our society. Indians may not always know all the procedural details of this lengthy and imperfect document, but they know the core — that it’s not the whims of political greed that governs them, but the constitutional words. And on Republic Day, this is worth celebrating.
5. What are the latest amendments made to the provisions related to citizenship. What are your views on these amendments? Discuss.
Approach:
The question demands a thorough explanation of all the amendments made to citizenship act since it was enacted from 1955, also vies need to expressed in a balanced, forward looking and logical manner.
Introduction:
Citizenship signifies the relationship between individual and state. Like any other modern state, India has two kinds of people—citizens and aliens. Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights. Citizenship is an idea of exclusion as it excludes non-citizens. Citizenship is the status of a person recognized under law as being a legal member of a sovereign state or belonging to a nation. In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship.
Body:
Articles 5 to 11 talk about citizenship for people at the commencement of the Constitution, i.e., on November 26th, 1949. Under this, citizenship is conferred upon those persons who have their domicile in Indian territory and Who was born in Indian territory; Whose either parent was born in Indian territory; Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution.
citizenship is regulated by the Citizenship Act, 1955. The Act specifies that citizenship may be acquired in India through five methods – by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India.
The Citizenship (Amendment) Bill, 1986-
As per the law amendment, it is no longer adequate to be born in India to be granted Indian citizenship. At the time of birth either one of the parents has to be an Indian citizen for the person to become a citizen of India.
The Act provides that a person born after January 26, 1950 but before the commencement of the Act shall be a citizen of India if the father is Indian at the time of birth; after the commencement of the Act, the person shall be Indian if either of the parents is Indian. Also replaces references to “male persons” with “persons”.
The Act was passed by the Parliament in December 2003, and received presidential assent in January 2004. It is labelled “Act 6 of 2004”. The Act amended The Citizenship Act, 1955 by introducing and defining a notion of “illegal migrant”, who could be jailed or deported.
In 2015 and 2016, the central government issued two notifications exempting certain groups of illegal migrants from provisions of the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.These groups are Hindus, Sikhs, Buddhists, Jains, Paris’s and Christians from Afghanistan, Bangladesh and Pakistan, who arrived in India on or before December 31, 2014.This implies that these groups of illegal migrants will not be deported or imprisoned for being in India without valid documents. The Citizenship (Amendment) Bill, 2016 was introduced in Lok Sabha on July 19, 2016 to amend the Citizenship Act, 1955. It seeks to make illegal migrants belonging to the same six religions and three countries eligible for citizenship.
Citizenship act has been constantly amended since 1986 because of the very reasons of the issues in some parts of the country like assam since 1971with the formation of Bangladesh as a separate country from erstwhile east Pakistan with the influx of refugees in large numbers in the immediate neighbour states like Assam, west Bengal, Tripura etc but with recent amendment of 2019 there has been protests in large numbers against the provisions like providing citizenship to particular minority groups like Hindus Sikhs Buddhists in India coming from the countries like Pakistan, Afghanistan and Bangladesh, this with the formation of national register of citizens the fear among minority groups in India particularly among Muslims because they think it is politically directed towards them with serious negative intentions.
It contradicts the Assam Accord of 1985, which states that illegal migrants, irrespective of religion, heading in from Bangladesh after March 25, 1971, would be deported. Critics further argue that the extensive exercise of updating the National Register of Citizens (NRC) will become Null and Void due to this Amendment act. There are an estimated 20 million illegal Bangladeshi migrants in Assam and they have inalienably altered the demography of the state, besides putting a severe strain on the state’s resources and economy.
It is argued that it is violative of Article 14 of the Constitution (which guarantees the right to equality and applicable to both the citizens and foreigners) and the principle of secularism enshrined in the preamble of the constitution.
India has several other refugees that include Tamils from Sri Lanka and Hindu Rohingya from Myanmar. They are not covered under the Act.
The government claims that these persecuted migrants will be eligible to apply for citizenship only after intense assessment and recommendation of district authorities and state government. The government has also clarified that Pakistan, Afghanistan, and Bangladesh are Islamic republic’s where Muslims are in majority hence, they cannot be treated as persecuted minorities. The beneficiaries under the Citizenship Amendment Bill can reside in any state of India the burden of these persecuted migrants will be shared by the entire country and not only Assam. Moreover, these migrants were earlier given protection against legal action in the years 2015 & 2016. Long term visa protection was also granted to them. Thus, the proposed amendment will only extend these benefits further to make these persecuted migrants eligible to apply for citizenship.
Conclusion:
While addressing the rights of Chakma refugees, the Supreme Court in NHRC vs. State of Arunachal Pradesh case provided equal protection before the law and rights under Article 21 (Right to life) to all immigrants including those who are considered as illegal. With the passage of this legislation, then by means of naturalization, these persecuted immigrants would be entitled to enjoy the benefits of rights guaranteed under the constitution of India, including equality, free of speech and expression, life, vote, work, food, etc. Hence, the law should not limit itself to minorities from Afghanistan, Pakistan, and Bangladesh, but also include refugees from persecuted minorities of all religions who have made India their home.
