MOOC CeRSSE · Transcript · · Updated
Overview of the Course – Transcript
Video by MOOC CeRSSE · Watch the original on YouTube
Summary
AI-generated from the transcript. Verify details against the source video.
- The course on the Indian Constitution covers historical contexts, fundamental principles, constitutional bodies, government structures, local governance, the judiciary, and public interest litigation.
- Articles 5 to 11 of the Indian Constitution deal with citizenship, governing matters such as commencement, migration, persons of origin outside India, and the powers of parliament.
- The Citizenship Act of 1955 regulates how citizenship can be acquired and terminated through ways like renunciation, voluntary adoption of foreign citizenship, or deprivation by the government.
Use this video with Pro
Reading, copying and transcript downloads are free. Create saved AI results for this video with a signed-in Pro account ($9/month).
Transcript
Search ignores accents. All transcript text stays visible.
Hello everyone. Welcome to a course on the Indian Constitution. Let me begin with a brief description of the course. This course offers a comprehensive introduction to the Indian Constitution providing students with an indepth understanding of its key features, principles and framework. Students will explore the historical context leading to the drafting of the constitution, its
salient features and the roles and powers of the various constitutional bodies. Let's look at the course objectives. This course will help you understand the historical background and the making of the Indian constitution to explore the fundamental principles and the features of the Indian constitution and to analyze the structure and the functions of the union and the state governments. The course
instructor is myself professor Priyanka Matur and I'm joined by two course assistants Dr. Amitapur Kayasta and Dr. Snehay Yadav. In week one we take you through the basics of the Indian Constitution. You will have an introductory video followed with the historical background of the Indian Constitution. Then we will move on to the preamble of the Indian Constitution and the features of the Indian Constitution. In week two, we take you
through the philosophy of the Indian Constitution like the sources of the Indian Constitution, the philosophical underpinnings of the Indian Constitution. Then we take you through the directive principles of state policy and fundamental rights and finally also citizenship. What are the constitutional remedies for the citizens?
Following this we will then come to the next week that is week three. Here we will look at the role of the parliament. And here when we are discussing and talking about the parliament, we are going to take you through the various legislative functions that the parliament does.
We will look at the role and the structure of the parliament. We will look at the raja sabha. We will look at the lo sabha, the various parliamentary committees and procedures. In week four, we then take you through the union government where we will dive deep into the powers and functions of the president. Following which we will look at the powers and the functions of the vice president and then we will come to
the powers and the functions of the prime minister and along with the powers and functions of his or her cabinet. In week five, we take you through the state legislature, the understanding of state governance, following with the role of the governor, then the role of the chief minister and his or hers council of ministers, the roles and functions of the speaker and deputy speaker. In week
six, we look at local governance and particularly local governance and the punchi institutions. We will look deeply into the 73rd and the 74th constitutional amendments and also at the issue of decentralization how it impacts rural and urban governance. We will also here take you through the powers and functions of municipalities.
In week seven we take you through the judiciary. Here we go into an understanding of the structure of the Indian judiciary by looking at first the powers and the jurisdiction of the Supreme Court following which we will then look at the high court and its powers and then we will go to look at the subordinate courts and its powers.
Finally in week eight we will take you through public interest litigation and judicial review and also guide you through what does judicial activism mean. So this is the overview of our course on Indian constitution. We look forward to all of you enrolling for it.
Thank you. Let us now look at what citizenship means in the Indian constitution. Now 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 to 11 of the constitution deals with this concept of citizenship. Now the term citizenship entails the enjoyment of full membership
of any state in which a citizen has civil and political rights. First we shall discuss all the articles in the Indian constitution pertaining to citizenship. Let's look at article five which talks of citizenship at the commencement of the constitution. Now what I mean here is that this article talks about citizenship for people at the commencement of the constitution
that is 26th January 1950. Under this citizenship is conferred upon those people who have their doicile in Indian territory and one who was born in Indian territory or two whose either parent was born in Indian territory or three who has ordinarily been a resident of India
for not less than five years immediately preceding the commencement of the constitution. Let's look at article six which talks of the citizenship of certain persons who have migrated from Pakistan. Any person who has migrated from Pakistan shall be a citizen of India at the time of the
commencement of the constitution if one he or either of his parents or any of his grandparents was born in India as given in the government of India act of 1935 and two a in case such a person has migrated before July 19th 1948 and has been ordinary arily a resident of India
since his migration or B in case such a person has migrated after July 19th 1948 and he has been registered as a citizen of India by an officer appointed in that behalf of the government of the dominion of India on an application made by him thereof to such an officer before the
commencement of the constitution. But this is provided that no person shall be so registered unless he has been resident of India for at least six months preceding the date of his application. Now article 7 looks at the citizenship of certain migrants to Pakistan and this article deals with the rights of people who had migrated to
Pakistan after March 1st 1947 but then subsequently returned to India. Article 8 looks at the citizenship of certain persons of Indian origin residing outside India. Now this article deals with the rights of the people of Indian origin who are residing outside India for purposes of employment, marriage and education.
Article 9 looks at people who are voluntarily acquiring citizenship of a foreign country will not be citizens of India. And article 10 states that any person who is considered a citizen of India under any of the provisions of this part shall continue to be citizens and will also be subject to any law made by the parliament. Article 11 states
that the parliament will regulate the right of citizenship by law. That the parliament therefore has the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to citizenship.
Now let's look at the citizenship of India constitutional provisions. Citizenship in India is therefore governed as we just said in the articles 5 to1 in part three of the Indian constitution. The citizenship act 1955 is the legislation that is dealing with citizenship. Now this act has been amended by the citizenship amendment act of 1986
again by the citizenship amendment act of 1992 the citizenship amendment act of 2003 the citizenship amendment act of 2005. Nationality in India mostly follows the just sanguinous that means citizenship by right of blood and not just solely which is citizenship by right of birth within the territory. Let's look at the
citizenship act of 1955 which talks about how the citizenship of India can be acquired in the following ways. Number one, citizenship at the commencement of the constitution. Number two, citizenship by birth. Number three, citizenship by descent. Number four, citizenship by registration. Number five, citizenship by naturalization.
Number six, by incorporation of territory by the government of India. And so people who were doiciled in India as on 26th November 1949 automatically became citizens of India by virtue of citizenship at the commencement of the constitution.
Persons who were born in India on or after 26th January 1950 but before 1st July 1987 are Indian citizens. Now a person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of India at the time of birth. Persons born after 3rd December
2004 are Indian citizens if both parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
Citizenship by birth is not applicable for children of foreign diplomatic personnel and those of enemy aliens. Let's look at termination of Indian citizenship. Termination of citizenship is possible in three ways according to the act. Number one, renunciation. If any citizen of India who is also a national of another country renounces his Indian citizenship through a
declaration in the prescribed manner, he ceases to be an Indian citizen. When a male person ceizes to be a citizen of India, every minor child of his also ceases to be a citizen of India.
However, such a child may within one year after attaining full age become an Indian citizen by making a declaration of his intention to resume Indian citizenship.
Termination of Indian citizenship can also happen if a citizen knowingly or voluntarily adopts the citizenship of any foreign country. Number three, deprivation. The government of India can deprive a person of his citizenship in some cases. But this is not applicable for all citizens. It is applicable only in the case of citizens who have acquired the citizenship by