Political Science Notes Part 18: Constitutional Amendments, Languages, and Citizenship for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 38: Amendment of the Constitution — Procedure, Important Amendments, Doctrine of Basic Structure

Introduction

The Constitution of India is a living document, balancing flexibility to adapt to changing needs with rigidity to protect its core values. Amendments ensure modernization, address challenges, and safeguard constitutional morality.

Constitutional Provision

• Article 368: Outlines the procedure for amending the Constitution.

Why Amendments?

• Address social, economic, political challenges.
• Incorporate new ideas (e.g., Right to Education).
• Correct loopholes (e.g., Anti-Defection Law).
• Protect constitutional values.

Types of Amendment Procedures

1. Simple Majority (Outside Article 368):
   • Like ordinary laws.
   • Examples:
     • Formation of new states.
     • Alteration of state boundaries.
     • Creation/abolition of Legislative Councils.
     • Delimitation of constituencies.
2. Special Majority (Article 368):
   • Requires:
     • Majority of total membership of each House, AND
     • 2/3rd of members present and voting.
   • Used for:
     • Fundamental Rights, Directive Principles.
     • Union-State relations.
3. Special Majority + State Ratification:
   • Special majority + approval by half of State Legislatures.
   • Applied for:
     • Federal structure.
     • State representation in Parliament.
     • Powers of President, Judiciary.
   • Examples:
     • 7th Amendment (States Reorganization).
     • 101st Amendment (GST).

Important Terms

• Special Majority: Majority of total membership + 2/3rd present and voting.
• Ratification: Approval by more than half of states.

Important Amendments

Doctrine of Basic Structure

• Origin: Kesavananda Bharati Case (1973).
• Essence: Parliament can amend any part of the Constitution but cannot alter its basic structure.
• Elements:
  • Supremacy of the Constitution.
  • Republican and democratic government.
  • Secular character.
  • Separation of powers.
  • Federal character.
  • Judicial review.
  • Fundamental Rights.
• Note: The Supreme Court has not provided an exhaustive list; it evolves through judgments.

Important Cases

Amendment Procedure

1. Introduction: Bill introduced in either House of Parliament; no prior Presidential permission needed.
2. Passing: Approved by special majority in both Houses.
3. Ratification: If required, approved by half of State Legislatures.
4. Presidential Assent: President must assent; no veto power.
5. Effect: Amendment comes into force.

Judicial Review

• Supreme Court can strike down amendments violating Basic Structure.
• Examples:
  • Struck down parts of 42nd Amendment (Minerva Mills).
  • Upheld reservations with limits (Indra Sawhney).

Comparison: India vs. USA

Criticism

• Too Flexible: Frequent amendments by Parliament.
• Limited State Role: Special majority often bypasses states.
• Political Misuse: E.g., 42nd Amendment during Emergency.

Conclusion

The amendment procedure balances flexibility and rigidity, enabling progress while protecting the Constitution’s identity. The Basic Structure Doctrine ensures constitutional democracy, as quoted: “Change is the law of life, but identity is the soul of the Constitution.”

Chapter 39: Scheduled and Non-Scheduled Languages — Eighth Schedule, Official Languages Act

Introduction

India’s language policy promotes linguistic diversity, inclusivity, and administrative efficiency, balancing unity with cultural identity, as outlined in Articles 343–351.

Part 1: Scheduled Languages — Eighth Schedule

• Definition: Lists 22 recognized official languages in India.
• Initial Count: 14 languages.
• Current List:
  • Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, Urdu.
• Timeline of Additions:AmendmentYearLanguages Added21st1967Sindhi71st1992Konkani, Manipuri, Nepali92nd2003Bodo, Dogri, Maithili, Santali
• Importance:
  • Reflects linguistic diversity.
  • Eligible for government promotion.
  • Used in examinations, education, and state communication.

Part 2: Non-Scheduled Languages

• Definition: Languages not in Eighth Schedule.
• Examples: English, Tulu, Bhili, Gondi, Kodava, Bhojpuri.
• Note: English is used officially but not a Scheduled Language.

Part 3: Official Language — Constitutional Provisions

• Article 343:
  • Hindi (Devanagari script) is the official language of the Union.
  • English continues alongside Hindi (extended by Official Languages Act, 1963).
• Other Articles:ArticleProvision344Official Language Commission to promote Hindi.351Promote Hindi, enrich vocabulary from Sanskrit/other languages.
• Official Languages Act, 1963:
  • Ensures English use alongside Hindi.
  • States choose their official language(s).
  • Allows Union-State communication in Hindi/English.
• Article 345:
  • States adopt Hindi, English, or regional languages as official (e.g., Tamil in Tamil Nadu, Kannada in Karnataka).
• Article 348:
  • English for Supreme Court/High Court proceedings.
  • States can use Hindi/regional languages in High Courts with Presidential approval.

Part 4: Special Provisions

• Article 350: Right to submit grievances in any language used in Union/States.
• Article 350A: Mother-tongue instruction for linguistic minorities at primary level.
• Article 350B: Commissioner for Linguistic Minorities to protect linguistic rights.

Linguistic Minorities

• Commissioner (Article 350B) reports to President on linguistic rights protection.

Recent Demands

• Inclusion in Eighth Schedule: Bhojpuri, Rajasthani, Tulu, Garhwali, Magahi, Awadhi, Angika.
• Note: No additions since 92nd Amendment (2003).

Official vs. Scheduled Languages

Comparison: India vs. Others

• India: Multilingual (22 Scheduled Languages + English).
• USA: No official language (English by practice).
• Canada: Bilingual (English, French).
• Switzerland: Four official languages (German, French, Italian, Romansh).

Challenges

• Hindi Dominance: Feared by non-Hindi states (e.g., Tamil Nadu’s anti-Hindi agitations).
• Balancing Diversity: National integration vs. linguistic identity.
• Inclusion Demands: Political pressures for more Scheduled Languages.

Conclusion

India’s language policy balances unity and diversity, promoting multilingualism to strengthen integration while respecting culture. As quoted: “A language is not just a medium of communication — it is the soul of a culture.”

Chapter 40: Citizenship — Constitutional Provisions, Acquisition, Loss, CAA 2019

Introduction

Citizenship grants full membership in a nation, with rights to vote, hold public office, and access Fundamental Rights, alongside duties. India’s citizenship laws ensure inclusive governance.

Constitutional Provisions

• Articles 5–11: Govern citizenship at Constitution’s commencement (1950).
  • Article 5: Citizenship for those:
    • Domiciled in India AND
    • Born in India, or one parent born in India, or resident for 5 years before January 26, 1950.
  • Article 6: Citizenship for migrants from Pakistan before July 19, 1948, if residing and registered.
  • Article 7: Migrants to Pakistan after March 1, 1947, lose citizenship unless returned with resettlement permit.
  • Article 8: Indian-origin persons abroad can register as citizens (e.g., diaspora in Fiji, Mauritius).
  • Article 9: Voluntary foreign citizenship acquisition terminates Indian citizenship.
  • Article 10: Parliament regulates citizenship rights.
  • Article 11: Parliament makes citizenship laws (e.g., Citizenship Act, 1955).

Citizenship Act, 1955

• Modes of Acquisition:
  • By Birth: Rules vary by date (see below).
  • By Descent: Born abroad to Indian parent(s).
  • By Registration: For PIOs, spouses, etc.
  • By Naturalization: Long-term residents meeting conditions.
  • By Incorporation of Territory: E.g., Goa, Sikkim joining India.
• Citizenship by Birth:PeriodRuleBefore July 1, 1987Indian citizen by birth.July 1, 1987 – Dec 2, 2004One parent must be Indian.After Dec 3, 2004One parent Indian + other not an illegal migrant.
• Loss of Citizenship:
  • Renunciation: Voluntary surrender.
  • Termination: Acquiring foreign citizenship voluntarily.
  • Deprivation: Government revokes for illegal acts (e.g., disloyalty, fraud).

Single Citizenship

• India follows single citizenship (like UK), unlike dual citizenship in USA (federal + state).

Part 2: Citizenship Amendment Act (CAA), 2019

• Background: Aimed to provide citizenship to persecuted non-Muslim minorities from neighboring Islamic countries.
• Key Provisions:
  • Fast-tracks citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from:
    • Pakistan, Afghanistan, Bangladesh.
  • Eligibility: Entered India before December 31, 2014.
  • Residence: Reduced from 11 years to 5 years.
• Important Points:
  • Excludes Muslims from these countries.
  • Applies only to Pakistan, Afghanistan, Bangladesh.
  • Does not affect existing Indian citizens.
  • Exempts Sixth Schedule areas and Inner Line Permit regions in Northeast.
• Rationale:
  • Addresses religious persecution in Islamic countries.
  • Humanitarian support.
• Criticism:
  • Religion-based: Violates secularism.
  • Excludes other groups (e.g., Rohingyas, Ahmadiyyas).
  • Northeast Concerns: Fear of demographic change.
• Judicial Status: Petitions pending in Supreme Court.

Related Concepts

• National Population Register (NPR): Database of residents (citizens/non-citizens).
• National Register of Citizens (NRC): Verifies citizenship (implemented in Assam, proposed nationwide).

Important Cases

• Berubari Union Case (1960): Citizenship linked to foreign affairs/boundary adjustments.
• Assam Accord (1985): Set March 24, 1971, as cut-off for identifying illegal migrants in Assam.

Conclusion

Citizenship laws reflect India’s commitment to inclusive governance, but debates around CAA 2019 highlight tensions between humanitarian goals and constitutional principles like secularism. As quoted: “The idea of India is incomplete without the idea of citizenship rooted in equality.”

Quick Facts for Prelims & Mains

• Amendments:
  • Article for Amendment: 368.
  • Basic Structure Case: Kesavananda Bharati (1973).
  • GST Amendment: 101st (2016).
  • EWS Quota: 103rd (2019).
• Languages:
  • Official Language: Hindi (Article 343).
  • Scheduled Languages: 22 (Eighth Schedule).
  • Latest Additions: Bodo, Dogri, Maithili, Santali (92nd Amendment, 2003).
• Citizenship:
  • Articles: 5–11.
  • Regulating Act: Citizenship Act, 1955.
  • CAA Year: 2019.
  • Citizenship Type: Single Citizenship.