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UPSC LAW Optional

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The latest Messages 31

2021-10-18 13:27:33 What is Section 6A of Indian Citizenship Act 1955?

Section 6A was included in 1986 as an amendment to the Citizenship Act following the Assam Accord of 1985.
The amendment gave citizenship to all migrants from Bangladesh who came to Assam before March 25, 1971.
Those who entered after this date needed to register themselves.
Thus, Section 6A pertains only to migrants to Assam.

Relevant Citizenship provisions in India

Part II of the Constitution including Articles 5 to 11 and Indian Citizenship Act 1955 deals exhaustively with provisions relating to citizenship in India.
Article 6 of the Constitution deals with citizenship of those who migrated to any part of India before July 19, 1948, from territory that had become part of Pakistan.
Indian Citizenship Act 1955 provides for following ways in which one can become a citizen of India:
Citizenship by Birth
Citizenship by Descent
Citizenship by Registration
Citizenship by Naturalisation (Section 6)
Section 6A was included as an amendment to the Citizenship Act following the Assam Accord of 1985.
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2021-10-09 10:53:37 FEDERAL SYSTEM WITH UNITARY
BIAS

The Constitution of India establishes a federal system of Government. It contains all the usual features of a federation, viz., two Government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre,all-India services, emergency provisions and so on.

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2021-10-09 10:53:37 Vutukuru Lakshmaiah Vs. State of A.P

S.302 ot S. 304 Pt. I - Considering the nature of injuries on deceased and previous animosity, it is not a fit case where offence under S. 302 IPC should be converted to S. 304 Pt. I IPC - Hence, held, Conviction of all appellants under Ss.302 and 148 IPC, Confirmed.*_

_Dying declaration found reliable - Preaence of witnesses at place of occurrence, established - Testimony of witnesses, trustworthy - Presence of prime accused at scene of occurrence, clearly established by prosecution- His plea of alibi hence, rightly rejected -Acquittal of co - aacused by High Court, held no ground to discard reliable evidence,vividly showing involvement of all appelant -accused - Evidence Act, 1872,Ss. 32(1) and 11( para 17 to 26)

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2021-10-09 10:53:37 A SECULAR STATE

The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State.

The following provisions of the Constitution reveal the secular character of the Indian State:

The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.

The Preamble secures to all citizens of India liberty of belief,Faith and worship.

The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).

The State shall not discriminate against any citizen on the ground of religion (Article 15).

Equality of opportunity for all citizens in matters of public employment (Article 16).

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2021-10-09 10:53:37 * Right to free legal Aid.. Article 39A constitution and sec 304crpc

*Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach Supreme Court under Article 32 for the purpose of enforcing such right.

Landmark judgement - Hussainara khatoon vs Home secretary State of Bihar

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2021-10-09 10:53:37 DIRECTIVE PRINCIPLES OF STATE POLICY

According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.

They are enumerated in Part IV of the Constitution. They can be classified
into three broad cat-egories–socialistic, Gandhian and liberalintellectual.

The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India

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2021-10-09 10:53:37 A SECULAR STATE

The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State.

The following provisions of the Constitution reveal the secular character of the Indian State:

The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.

The Preamble secures to all citizens of India liberty of belief,Faith and worship.

The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).

The State shall not discriminate against any citizen on the ground of religion (Article 15).

Equality of opportunity for all citizens in matters of public employment (Article 16).

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2021-10-09 10:53:37 GOVERNMENT OF INDIA ACT OF 1858.

◇ India will now be governed by, and in the name of, Her Majesty.

◇ Designation of Governor General of India will now be changed to that of Viceroy of India.

◇ It ended the system of Double government by abolishing the Board of Control and Court of Directors.

◇ Created a new office, Sectetary of State for India, vested with complete authority and control over Administration.

◇ It established a 15 - member council of india to assist the secretary of state of India.

◇ It constituted the secretary of state in council as a body corporate, capable of suing and being sued in India.


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2021-10-09 10:53:37 Constitutional Provisions Related to Labour

Indian constitution provides numerous safeguards for the protection of labour rights. These safeguards are in the form of fundamental rights and the Directive principle of State policy.

*Article 14* commands the State to treat any person equally before the law.

*Article (19) (1) (c)* grants citizens the right to form associations or unions.

*Article21* promises protection of life and personal liberty.

*Article 23* prohibits forced labour.

*Article 24* prohibits employment of children below the age of fourteen years.

*Article 39(a)* provides that the State shall secure to its citizens equal right to an adequate means of livelihood.

*Article 41* provides that within the limits of its economic capacity the State shall secure for the Right to work and education.

*Article 42* instructs the State to make provisions for securing just and humane conditions of work and for maternity relief.

*Article 43* orders the State to secure a living wage, decent conditions of work and social and cultural opportunities to all workers through legislation or economic organisation.

*Article 43A* provides for the participation of workers in Management of Industries through legislation.

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2021-10-09 10:53:37 FUNDAMENTAL DUTIES

The original constitution did not provide for Fundamental Duties of the citizens. These were added during theoperation of internal emergency(1975-77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of theSwaran Singh Committee.

The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of common brotherhood amongst all the people; to preserve the rich heritage of our composite culture and so on.

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