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UPSC
Indian Polity by M Laxmikanth
Introduction
english east india company came as a trader but extended as a territorial par
battle of plassey and later the crucial battle of buxar changed the game in favor of
english
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After the salabath treaty this private company got diwani rights
to collect revenues from the subjects in that area and in which area bengal orissa
bihar big provinces right now
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The position of governor of
benga was turned into governor general of bengal
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The
power should be extended to all but that power was not given in 1773 regulating
act so these are reading between the lines these are the areas wh ere upsc can layer
trap
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Executive council had both executive as well as legislative power
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But in the next act itself this
particular provision got limited it means if a question is asked that the uh with
respect to education power of supreme court extended till so as per sect yes
available in all three but if same thing is asked and with and the word and the uh
and the year they are mentioning is say 1781 1782 then meaning of statement
would change
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Amending act 1781 was made now to rectify the defects of regulating act 1773 so
what defects we are talking about see demarcate relations between supreme court
and governor general in council
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After this act there were still
various defects in the system which was running in india corruption was still going
on
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board of control was headed by secretary of state

full stop now tell me that statement would be true or false if you have gone
through this chapter
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board of control is having six members right six members please remember
these kind of facts are also asked headed by secretary of state board president then
chancellor of exchequer taking care of revenue now four privy counselors
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control right
and commercial affairs are being taken
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Governor general of bengal is ultimately ultimately ultimately
serving a private company
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There were no clear boundaries between
responsibilities as i told you governor general had to take spot decision exercising
discretion
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he says English Eastern
company was not cooperating with Britian Empire and that is why to tell them who
is the real boss
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I hope you must have heard about or read about continental system, which
was laid by Napoleon
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Britishers also gave this logic that there is abundance of literature in India
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1833, in which for the first time this idea was floated that there can be a open
exam for coordinated civil services means higher post in administration, but English
is near company and court of directors
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administration India being run by a private company allowed by Briti sh
government
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after 1853 charter requested no there should be separation of
legislative body law making should be separate and execution should be differen t
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Four out of six members were
appointed by Provisional Provisional governments of Madras Bombay Bengal Agra
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the constitution was getting shaped due to these events and the concerns of
Indians
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court of direct and board of control were
created through Pitts India Act 1784 Comma, but abolished after government of
India 1858
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Were three Indians were actually appointed here who
were they Raj of Banaras, Maharaja of Patiala and Sardine Karao
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now decentralized now power is is being
devolved at the provincial level
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Like 1861
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the
trick will be played here in the bold part
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It means they are not part of UH British
administration
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the method which you should
use is elimination Here
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Now this is
important and this is good aspect you should say because now at least you can ask
question from the executive
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All the members have this right
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Muslims were given
separate electorate
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the division of subjects is called as diarchy d y means d i mean say to
archi means rule in two ways two ways why because legal subjects the subjects on
which on which laws are going to make are divided into two parts
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no Indians were there
objective to inquire about the working of 1998
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I think 2015
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Making of Indian Constitution

he explains how constitution is a functioning manual
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the idea or these concepts mentioned in constitution have evolved with
time and in the modern period this idea of constitution became popular
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It means now the government is going to function on
certain basic rules and who is deciding these basic rules
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the idea is actually solving the problem which was prevalent in medieval
period right, so i hope the basic part is clear
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It means that your seats will be decided on the basis of population
of EuP
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The purpose of
constant assembly purpose was that we want to make a constitution,
which can be used to facilitate the power transfer
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In 1938 Jawaharlal Nehru
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The idea of radical democracy comes from the
idea which Amendroid was supporting he wanted to bring radical
democracy in India
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Hitler was all set to
attack Britain
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Britishers wanted that it is point of
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So at that time, Indian Congress made two
demands one complete independence for India
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the scheme was there in
cabinet mission plan that even Muslimly agreed to be part of one constant
assembly, although it was rejected earlier
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Alexander
were part of this please remember these names because UpsC has asked
question on these facts
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The representatives of each community were to be

elected by members of that community in the provincial legislative
Assembly in United Province up you have six Muslims and other general
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So this method is also later adopted in Indian
constitution
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there were some Muslim
league members who chose to remain in India yes and they were part of
constant assembly, but they got the seat on the basis of Muslim league
seat right for example, from United province
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first meeting happened on December 9 1946
and at that point of time considering the seniority
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a famous speech and the document which is
connected to the start of the working of Constant Assembly
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These are the principles to ensure these principles we need
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Rajen
Prasad as president got elected and Sc Mukherjee as vice president you
should keep in mind
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Indian Independence Act 1947 the first major change it changed the
stature of Constant Assembly itself for the first time
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this means no permission need to be taken
from between right and this Constant Assembly is sovereign to make
Indian constitution as well as work as Parliament of India
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G Mavlankar
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Some funny mnemonics
can be used to help toppers use this these methods so that they can
organize information in their head
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On sixth December
1946, formation of Constant Assembly in accordance with the French
practice in 1946-9 December
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22 July 1947
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in case of written constitution there is a particular codified
form
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unwritten constitution means a series of laws are time to time
declared as part of constitution
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Although there 's always scope of
interpretation when we talk about law and that is why our journey says
that Indian constitutional is lawyers paradise now going ahead
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s we don't have they
do n't have any post
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Constitution of India is neither rigid nor flexible
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Constitution of India is not the result of
agreement by the states
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constitution framers give more power to center were not equal
power to state
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Constitution of India is neither purely federal nor unitary
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the key officials in biden 's administration
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the CnIt right
but in case of India take a look over of on our council of minister
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Our constitution says that if
there is a minister, then this minister has to become part of either House
of Parliament within six months from the date appointed or she is
appointed right
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objective
resolution was the source of preemble right primal consists of philosophy
of our constitution
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This categorization can be done
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Do hereby adopt enact and give to our self it
means people of India are giving this constitution to themselves
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This particular word
is mentioned in primal and it is not being implemented
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4
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When socialist word is used in Indian constitution, when socialist based
principles are used in our DPsP, they are tilted toward Gandhian socialism,
not Marxian socialism
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Gandhiji said at every point of time society was divided into two classes
and cause of this exploitation was that exploiter was having a lot of
resources in hand, an exploiter could actually gain these resources not due
to some natural fact, but because the system was in favor of this particular
class the exploiter class and how it happened
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Gandhiji was never in favor of this idea
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said yes, it may be a cause of exploitation, but we can
reach to a better concept, which is trusteeship
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the word secular which India is having is
different from the UH from the connotation of word secular in France or
some other European nations
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Indian constitution
provides for representative parliamentary democracy
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It
represents that head of the state is elected means it is not hereditary
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a society in which people are
not aware of the importance of political justice in that society
authoritarianism exploitation
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the foundation of Indian
polity is the foundation of equality, no special preference, no special
privilege, and we have article 14 to 18 talking about equality fundamental
rights related to equality
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Fourth
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if framble is considered as part,
Article 368 will be applicable and this can be amended
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In this case again Supreme court accepted Yes
Primal is part of Indian constitution
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Three words were added socialist secular and integrity
socialists
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The first article
should tell us the name name of this entity right and this is exactly which is what is
mentioned in Article one India that is Bharat
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Article 3 talks about to change the boundary name of the states inside
means the states which are already part of the Indian territory
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the word
union is better it means we have federal model
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The word union so that a message can be clear
that India is an indestructible union
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article one as I

told you is telling you name as well as territory and the constituent units and
constant units are states and duties
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At this part you can say place do n't you think it will make the whole
article one reading cumbersome right
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in Article 3
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in American Federation
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Article 2 specifically
talks about the word states new states
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talks about
admission and establishment what is the difference between the two a keyword
second when I say admission it means it may be possible
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I hope now it is quite simple for you to understand
right
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Associated state associated state
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it means the status
which is there with all other states will be there with regard to Sikkim
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Article 3 because discussion was still going on
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at
this point of time his amendment
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It was said that
since the we are talking about admission establishment from outside it should be
mentioned in separate article
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a state government does not have any such power to divide that is why knowledge
of Indian constitution is a way to empower our democracy right now how the
process can start starts from Council of Minister at the level of uni
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president is going to send this bill as a fourth step to any of the
house means Lok Sabha or Rajya Sabha
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They have not sent this bill? Then I 'm
going to start my own process okay, so it means they can actually propose their
amendments, but I am not writing the word amendment
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Is it mandatory to send this bill back to state legislature No This is what I have
mentioned further
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Every time an amendment is moved got it apart from this in case of
union territory
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students get confused simple simple simple majority,

as I told you that more than 50 percent of present and voting fifty percent absolute
majority
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than 50% of the total strength of house
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of house is say 404 so absolute majority would be 202 plus right
total strength of the house
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at that point of
time
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Some gaps in the division or you can say boundary
demarcation of India
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Radcliffe said Sir, it is nearly impossible
to actually divide this big territory
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Citizenship
Indian constitution which is citizenship
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there should be some government there because
government is necessary to make law to execute that law so that this population
can live peacefully
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the base on
the basis the terms and conditions you are having right now Our focus is citizen
now you are citizen
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And apart from this, you also have certain duties
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The most popular idea of citizenship is full and equal citizenship
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Plim says
when and then actually students actually start shuffling the pages of Lakshmi Khan
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It depends on you
know state to state means there may be u
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The idea
that people should be given equal citizenship was the key words around which
French revolution happened right then
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These ideas of equality were resonating
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there are
three categorization or three words which are used people, citizen and minorities
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available to each of these three categories
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For example, article 29
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100 amendments happened in Constituent Assembly with respect to this particular
part
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everyone should be better off now
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the word used under constitution is
commencement of Indian Constitution
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If you are entering into India before 19 July 1948
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the condition is one of the two
conditions in case such a person has migrated before
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Grandparents word
is also used in Article 5
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Also
fulfilling one of these two conditions
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whet her
these people should be given citizenship or
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Answer is Article 7
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so
it is about those people who went to Pakistan and came back to India
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For example, Rajesh residing in London shall be deemed to be a
citizen of India
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Citizenship Act 1955 talked about five ways of acquiring sedention and three ways
of terminating citation
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This PpT which will be
available to you in the telegram Shashank Tiaghi for you
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if someone is born outside India, but father is a citizen of
India and person is born between January 1950 to December 1940 1992
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if it is found that the the
father is living in India as an illegal immigrant, for example, came from Bangladesh
via Bajarangi has no paper whatsoever and mother is a legal citizen of India
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Fundamental Rights : Art 12 - Art 35
We can not exist without various rights in our life
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These are necessary for our development for our basic existence right
now
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The word
fundamental itself means that these are of utmost importance
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what is required is that you are having sharp eye on the

demand of this particular topic and whenever you read an article that oh equality is
in news you should collect the content keeping in mind
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This is going to be
used in GS paper 2
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t Act with reference to the alleged violation of
Article 19 of the Constitution was in news as one
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this particular section was invoked Now
Supreme Court heard this that this particular section has been misused by
government many times and that is why this was struck down
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They said some rights are
given to people by mother nature
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property was also part of fundamental
right in our original constitution
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constitutional Article 21
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All of this represents
liberty
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legal
right means according to legal right, who is the source of right it
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When I say state it means government, and why a state is source is source
because state make law and by this law, you are able to claim this right
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I
hope now you are clear about these principles
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Some some
members were saying we should have more rights to be declared as fundamental
rights
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one person, Mr
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He said let 's divide the conception of right into two parts, Part
three and part four
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This is the purpose of fundamental right not
sangra sent or permanent it means they can be changed yes and we are going to
talk about this debate
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article 12 explains Union, government and Parliament of India
it
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Article 15, 16, 16, 19, 29 30 because they are only available to citizens now
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First article of it
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Article 13 says if
any law which is preconstitutional, but this law is abridging fundamental rig hts,
then what is going to happen that particular law will be declared null and void
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This ground can not be furnished even before Court of law just stop this law is
saying that the basis on which this uh aka Gopanin has put in prevented tension
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Section
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is available to citizens, why would article
13 get activated for the protection of noncitizens
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law includes any ordinance order
bylaw regulation notification notification
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in ancient and medieval time, equality of as an idea was not that much
prevalent even people used people were not demanding equality from their
government
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So this is a modern concept
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every person, whatever be his her status or rank is equal
in the eyes of law
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if law is
supreme, then it will reduce the chances of arbitrariness and abuse of power will
get minimized
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says that unequals should not be treated
equally
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Now talking about equal protection of
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I told you it is a positive conception
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the students that unequal criteria is being used here
unequal in terms of height
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President and
governor will not be treated equally like you
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If there
is any case, then they 'll be impeached, or governor will be removed and then
kernel proceedings can start
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discrimination can be done on basis which are not
mentioned in Article 15
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discrimination is generally used in negative
context that this is bad but in legal language
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article 15 sub clause 2 is applicable not just to
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It means you can not do
discrimination
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What are the grounds religion race cause cause sex, place of birth,
right for example, public places like restaurant shop, well
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At that point of time
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She
wanted to take admission in medical college and there were only two medical
college two government medical colleges in Madras at that time
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the case went into the favor of Champakham Durairajan and this was the
first case in the history of independent India, which was majorly having this debate
on UH reservation policy in India
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both
socially and educationally backward classes
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There was also categorization between backward class
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no such categorization is there in our constitution
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The idea of segregating reservation policy based on subcast concept was later
taken up by Justice G rohini Committee
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Article 16
of the Indian Constitution
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no citizen shall be on the grounds of religion race car sex place of
birth along with this residence or any of them descendant residents
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reservation and prom otion
was also added total reservation not more than 50 percent more than 3 000 socially
educationally backward classes provide 27 percent reservation
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If the demand is to
belong from a certain religion
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Fundamental Rights : Art 19 - Art 22

Article 19 consists of six type of rights associated with your freedom is
starting from right regarding your speech and expression
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we are going to
discuss all important cases pertaining to these provisions and we are also
going to attempt some important mcqs
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you got this opportunity that
now let's start discussing this among other students who are in this you
know area where coachings are say you are in Karol Bach and you all of
you assembled in front of coaching right and there uday started speaking
saying that in 2015 our seniors senior aspirants
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can have same kind of battle
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Right
second step was this right to form association
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If it is clear to you now mention Hola Hola because yes is too obvious
boring
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in so many cases our government, our police they
actually misused this particular section
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Section 153 and section 505 are also used in case of hate speech, which
was also news which also news hate speech
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no violent protest rights assemblies involves arms could breach public
peace
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Remember it was in place many times during
the farmer 's protest as well also was applicable in many areas during this
covered first wave second wave right now right to strike
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right to move abroad is not part of fundamental right under Article 19
because article 19 talks about freedom of movement
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Article 19 is
derived from Article 21
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Dr SajalNK]
"You should adhere to the qualifications which are needed and the issued
as a guideline by the government otherwise you would be considered as a
jolla chap doctor and you will be put under arrest" he says the ball will be
in the Court of Supreme Court
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says
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So it may be possible that Nia may knock the door of Uday and take him
you know with with them
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Obviously, this is immoral
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