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Union Territories and their Administration UPSC Notes

(Part 8, Article 239 to 242)

  • In the original Constitution of 1949, the number of Category C states was 10: Ajmer, Bhopal, Bilaspur, Kodagu, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura and Vindhya.

  • Under the States Reorganization Act 1956, Ajmer, Bhopal, Kodagu, Pakshi and Vidyut states were merged into their adjacent states.

  • From 1973, Lakshadweep (comprising Lakha Diu, Minicoy and Omani Diu) came into existence as a Union Territory.

  • The Parliament passed an Act in 1962 under Article 239 (a) to provide for a Legislative Assembly for Pondicherry.

  • By amending the Constitution in 1998, two new articles i.e. Article 239 (A, A) and Article (A, B) were established, under which provision for Assembly and Cabinet was made for Delhi.

  • The name of Delhi was changed to National Capital Territory of Delhi by Article 239(A)

  • According to the provisions of Article 239(1) of the Constitution, the Union Territories are governed by an Administrator appointed by the President with the assistance of his Council of Ministers.

  • Thus all Union Territories are published by the Administrator acting as the agent of the President.

  • By amending the Constitution in 1962 AD, by inserting Article 239 (A) (as amended in 1974 by the 37th Amendment Act), the Parliament was given the power to create the Legislature and Council of Ministers for the Union Territories.

  • Legislative Assembly and Council of Ministers are functioning in Delhi since 1993. Didi's regime has all the powers of the state list except three (public order, police and land).

  • A separate High Court has been functioning in Delhi since 1966.

The fundamental rights embodied in Part 3 of the Constitution ensure civil rights for all Indians and place the responsibility on the state to protect the rights of citizens from encroachment by society while preventing the government from encroaching on individual liberty. Originally seven fundamental rights were provided by the Constitution - Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, culture and education,Right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

  • The idea of ​​fundamental rights originated from England's Magna Carta of 1215 AD.

  • In France, the practice of giving constitutional recognition to the declaration of some rights essential for a person's life by including human rights in the Constitution of 1789 began.

  • In 1791 AD, the Bill of Rights was included in the US Constitution by amending it.

  • The first demand for implementing fundamental rights in India arose in 1895.

  • Annie Besant presented the demand for fundamental rights during the Home Rule Movement.

  • These rights were also demanded in The Commonwealth of India Bill in 1925 AD

  • A resolution related to this was passed in the 1927 Madras session of the Indian National Congress.

  • Fundamental rights were also demanded in the Nehru Report presented by Motilal Nehru in 1928.

  • Mahatma Gandhi demanded these rights in the Karachi session of Congress (1931) and the Second Round Table Conference.

  • On the advice of the Cabinet Mission 1946, a Consultative Committee on Values ​​Rights and Rights of Minorities was formed, whose chairman was Sardar Vallabhbhai Patel.

  • The Consultative Committee constituted 5 more committees on 27 February 1947, one of which was related to fundamental rights.

  • Fundamental Rights Sub-Committee members JB Kripalani, Meenu Masani, K. T. Shah, A. Of. Iyer, K. M. Munshi, KM Panikkar, and Rajkumari Amrit Kaur were

  • Fundamental rights were included in the Constitution on the recommendations of the Consultative Committee and Sub-Committee.

Classification of Fundamental Rights

Seven types of fundamental rights were provided in the original Constitution of India: Right to equality, right to freedom, right against exploitation, right to religious freedom, right to culture and education, right to property, right to constitutional remedies.

Of these, the right to property was removed from the list of fundamental rights by the 44th Constitutional Amendment in 1978.

At present the right to property is governed as a legal right under Article 300(A).

Article 12 – Fundamental rights apply equally throughout the territory

Article 13 – If fundamental rights are violated due to custom, tradition, superstition, then such elements can be declared illegal by the court.

Right to equality

  • Article 14- All persons are equal before the law. Equality before the law is quoted from the Constitution of Britain.

  • Article 15- Discrimination in public places on the basis of caste, sex, religion, and origin is prohibited by this article, but there is a provision for special protection to children and women.

  • Article 16 – Every citizen enjoys equality of opportunity in public employment, but if the Government considers it necessary, it can make provision for reservation for those classes which are less represented in the service of the State.

  • Article 17- Untouchability has been abolished by this article. There is a provision of fine of ₹ 500 or imprisonment of 6 months to the person practicing untouchability. This provision was added by the Indian Parliament Act 1955.

  • Article 18- By this, the degrees given by the British Government were abolished, the tradition of giving degrees only in education and defense continued.

Right to Freedom (Articles 19 to 22)

Article 19 mentions 7 freedoms in the original Constitution

  • freedom of thought and expression

  • Freedom to hold peaceful conferences without economics

  • Freedom to form organization or association

  • Freedom to settle in any part of India (except Jammu and Kashmir)

  • Freedom to acquire and spend property (repealed by 44th amendment)

  • Freedom to earn livelihood (In 1977, the Supreme Court ruled in Orissa State vs. Lakhan Lal case that the business of drugs, smuggling and narcotics etc. does not come under livelihood)

  • There is no specific provision in our Constitution to provide freedom of the press because freedom of the press is included in Article 19 (1) (a).

  • Freedom of expression also includes printing

  • Freedom of the press has certain limits set by Article 19(2)

  • The State can make laws on freedom of the press, security, sovereignty, integrity, friendly relations with foreign states, public order, decency, contempt of court, incitement etc.

  • Article 20 - Any person may be punished for violating any existing law but shall be punished for one offense only once and not repeatedly.

  • Article 21- Under this article, every person has been granted life and personal liberty. The Supreme Court has defined it in the following manner.

  • The Supreme Court in its decision in the case of Subhash Kumar vs State of Bihar 1991 said that consumption of pollution-free water and air is also a fundamental right of the citizens.

  • In another case, Parmanand vs Union of India, 1989, the Supreme Court ruled that whether a person is guilty or not, his life should be protected and the sick and sick should get medical facilities.

  • Article 22- The provisions given under this article are called Preventive Detention Act

  • The reason for his arrest is immediately told to the arrested person by the police. If the reason is not given, the arrested person can know the reason after getting bail.

  • The law provides that it is mandatory to produce the arrested person before the nearest magistrate's court within 24 hours.

  • Internal Security Ordinance passed on 7 May 1971 against subversive activities

  • In June 1971, the Internal Security System Act was enacted, giving the form of law to the ordinance.

  • In 1970 AD, the Foreign Exchange Conservation and Smuggling Prevention Act was enacted to prevent smuggling, fraud etc. in foreign exchange.

  • MISA law repealed due to conflict with 44th Constitutional Amendment

  • National Security Ordinance issued on 24 September 1983 with the aim of controlling subversive activities.

  • In 1985 AD, the National Security Ordinance was given legal status and it was called TADA. It was abolished on 23 May 1995.

  • In the year 2003, the Parliament enacted the POTA Act in a joint session with the aim of controlling terrorism and subversive activities.

  • United Progressive Alliance government repealed POTA law

Right against exploitation (Articles 23 to 24)

  • Article 23 – Buying and selling of human beings, forced labour, forced labor and physical exploitation of any person by anyone is prohibited.

  • Article 24- It is prohibited to employ a child up to 14 years of age in any hazardous work.

Right to religious freedom (Articles 25 to 28)

  • Article 25- Freedom of conscience has been provided to every person by this article regarding morality, religious order and health.

  • Article 26- Under this, a description of the religious community and its related privileges has been given. Trust can be created and developed by donations. Any religious institution can be established with the amount of donation. There will be no tax on donations.

  • Article 27- The state cannot encourage or discourage any religion on its own behalf.

  • Article 28- The state is prohibited from providing education through religion in any way, wholly or partially, but organizations based on religious trust can provide such education, such as madrassas.

Cultural and educational rights (Articles 29 to 30)

Article 29(i) People of such class who do not find the language or script of India suitable for their culture can adopt other language, script and culture.

Article 29(ii) – There should be no discrimination against the people of the groups classified in Article 29(i) on the basis of their language and script.

Article 30(i) People having such different language and culture may establish educational institutions for the development of their language and culture.

Right to compulsory education

  • A new Article 21(A) has been added by the 86th Amendment Act 2000 to the Constitution.

  • By whom the state will have to provide compulsory education to children of 6 to 14 years of age

  • This arrangement will be made by the law prescribed by the concerned province.

Right to constitutional remedies (Articles 32 to 35)

  • Article 32- If fundamental rights are violated by any person or state, five types of petitions are issued by the High Court or the Supreme Court which are as follows:

  • Habeas Corpus – The detained person is produced before the court. The reasons for detention are proved by the arresting officer. This document is issued against private individuals, organizations and government officials.

  • Mandamus – Under this, the court gives an order to any person, institution or subordinate court to perform the duty. Through this, the court compels the concerned authority to perform the duty. This article cannot be issued only against the President or the Governor.

  • Prohibition – This article is issued by the High Court on the subordinate courts when the subordinate courts try to encroach beyond their jurisdiction.

  • Transfer – This article is issued by the High Court when the case is to be transferred from the subordinate court to the High Court for serious cases. This article is also issued in the situation when a tribunal takes authority outside its jurisdiction. This article Is applied to judiciary and municipal corporations.

  • Quo warranto – When a person illegally exercises any office or power, he is stopped by this reason. This writ is issued when the court is completely convinced as to what extent the power has been misused.

  • In the Constituent Assembly, Dr. Bhimrao Ambedkar had called Article 32 the soul of the Constitution.

  • Before 1967 AD, it was stipulated that under Article 368, Parliament amends any part of the Constitution including fundamental rights.

  • In 1967 AD, the Supreme Court ruled in the case of Golaknath vs. State of Punjab that Parliament cannot amend the fundamental rights.

  • For the purpose of amending the fundamental rights by the procedure given in Article 368, by the 24th Constitution Amendment Act 1971, Article 13 and Article 368 were amended and it was determined that the Parliament can amend the fundamental rights.

  • In the case of Kesavananda Bharati vs State of Kerala, the decision of Golaknath vs State of Punjab was repealed and the 24th Constitutional Amendment was given legal form.

  • By the 42nd Constitutional Amendment - 1978, by adding clauses (A) and (5) to Article 368, it was arranged that the amendment made in this way cannot be questioned in any court.

  • In 1980 AD, in the case of Minerva Mills vs. Union of India, it was determined that protecting the basic features of the Constitution comes under the jurisdiction of the Court and the Court can review any amendment on this basis, along with this, the 42nd Constitutional Amendment was made. The system was also abolished

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