Tab 1

Meaning of Citizenship
Citizenship refers to the legal allegiance of an individual to a sovereign state. It denotes a
person's membership in a political community and involves a reciprocal relationship: the citizen
owes allegiance to the state, and the state grants protection and rights to the citizen.
Each country determines the criteria for acquiring or revoking citizenship. In international law, a
citizen is someone whom a state can protect under legal norms.
A citizen enjoys full civil and political rights and is protected by the state both within and outside
its territory.

Types of Citizenship
There are several ways through which an individual may acquire citizenship:

1. Citizenship by family (jus sanguinis) — acquired through parents' nationality

2. Citizenship by birth (jus soli) — acquired by being born in a country

3. Citizenship by marriage (jus matrimonii) — obtained through marrying a citizen

4. Naturalization — obtained after fulfilling residence and legal requirements in a country

5. Citizenship by investment or economic citizenship — granted after significant financial

investment

6. Citizenship by honorary conferment — awarded by the state as an honor, often to

foreigners

In the Indian context, citizenship can be classified into two categories:

1. Natural — acquired by birth

2. Acquired — through legal processes like naturalization, registration, etc.

Citizenship in India
The legal framework for citizenship in India is governed by the Citizenship Act of 1955, which
has been amended in the years 1986, 2003, 2005, and 2015.

At the time of the commencement of the Constitution (26 January 1950), the following
persons were recognized as Indian citizens:
a. Those domiciled in India and
b. Born in India, or
c. With at least one parent born in India, or
d. Ordinarily resident in India for not less than five years
Citizens are considered full members of the Indian State and enjoy all civil and political
rights, such as the right to vote, freedom of speech, etc.

India does not allow dual citizenship. A person must renounce foreign citizenship to acquire
Indian citizenship. However, the Overseas Citizenship of India (OCI) scheme, introduced in
2005, allows foreign citizens of Indian origin to enjoy certain benefits, although it is not
equivalent to full citizenship.

National Register of Citizens (NRC)

The NRC is a register of all Indian citizens. The original NRC was created in 1951 based on the
1951 Census.
It recorded the names and details of persons residing in each household of a village or town.

To prove citizenship in some Indian states like Assam, two documents are important:

1. The NRC of 1951

2. The Electoral Roll of 1971 (as on 24 March 1971 midnight)

Together, these are referred to as Legacy Data. Persons whose names appear in these
documents—or are descendants of those listed—are considered Indian citizens.

Constitutional Provisions (Articles 5 to 11)

Citizenship is addressed in Part II of the Indian Constitution, under Articles 5 to 11.
Key points:

● It is placed in the Union List, giving exclusive power to Parliament to legislate on

matters related to citizenship.

● The Constitution does not define the term 'citizen' but explains who shall be considered
a citizen at the commencement of the Constitution.

● Unlike most other constitutional provisions that came into effect on January 26, 1950,
the provisions regarding citizenship were enforced on November 26, 1949, the date of
adoption of the Constitution.

Meaning and definition of the constitution

The Constitution is the supreme law of India that lays down the framework for how the country
should be governed.
It defines the fundamental political principles, the structure, powers, and duties of
government institutions, and lays out the rights and duties of citizens.
It provides a common set of rules and values that the citizens of India agree to live by.
It serves as a system of checks and balances to prevent misuse of power.
It is defined as a body of fundamental principles or established precedents that guide the
governance of a state or an organization.

Philosophy of the constitution (from the preamble)

Sovereign
India is completely independent and not subject to any external authority.
The ultimate power rests with the people who are the true source of authority.

Socialist
Although implicit in the original Constitution, it was explicitly added by the 42nd Amendment
Act, 1976.
It aims for social and economic equality, equal opportunity, and fair distribution of wealth.
It directs the state to formulate policies ensuring justice and welfare for all citizens.

Secular
Added by the 42nd Amendment, 1976, it means India has no state religion.
All religions are treated equally, and citizens have the right to practice, profess, and preach
their religion.

Republic
India became a Republic on 26 January 1950.
The Head of the State (President of India) is elected, not hereditary.
India retained membership of the British Commonwealth without acknowledging the British
Crown.

Fraternity
Fraternity ensures the dignity of the individual and promotes unity and integrity of the
nation.
The Constitution aims to remove social distinctions and inequalities and promote
brotherhood.
The word ‘integrity’ was added by the 42nd Amendment to emphasize unity amidst India’s
diversity.

Basic features of the Indian constitution

India’s Constitution is the lengthiest written constitution in the world.

At its inception, it had 395 Articles, 22 Parts, and 8 Schedules. Currently, it has over 100
amendments (as of 2015, 100th Amendment).

Rigidity and flexibility

It is a mix of rigid and flexible provisions. Some amendments require only a simple majority,
others need a two-thirds majority and ratification by half the states.
Parliamentary system of government (Article 74)
India follows the Westminster model where the real executive is the Council of Ministers,
while the President is the nominal executive.

Federal system with a unitary bias (Article 1)

India is called a Union of States, not a federation by agreement.
States cannot secede, and the Centre holds more powers than the states.

Fundamental rights and duties

Articles 12 to 35 cover Fundamental Rights such as equality, freedom, protection, and
remedies.
Article 51A enlists 11 Fundamental Duties added by the 42nd Amendment, 1976.

Directive principles of state policy (Articles 36–51)

They guide the government in making laws and policies.
Though non-justiciable, they are fundamental in the governance of the country.

Secularism
Ensures separation of religion from state policies. The 42nd Amendment reinforced this
principle.

Independent judiciary (Article 76)

The judiciary is independent of the executive and legislature.
It safeguards constitutional provisions and protects citizens’ rights.

Single citizenship (Articles 5–11)

All citizens are recognized as citizens of India only, regardless of the state or region they
belong to.

Bicameral legislature (Article 79)

The Parliament consists of two houses: Rajya Sabha (Council of States) and Lok Sabha
(House of the People).

Emergency powers (Articles 352–360)

During external aggression, armed rebellion, or constitutional failure in a state, the
President can assume extraordinary powers.

Judicial review
It is the power of the judiciary to review laws and executive actions to ensure they do not
violate the Constitution.

Judicial activism
Courts actively intervene in public matters, especially through Public Interest Litigations
(PILs), to ensure justice and enforce public rights.
Fundamental rights (Articles 14 to 35)
There are six Fundamental Rights provided in Part III of the Constitution.

Right to equality
Covers Articles 14–18:
Article 14 – Equality before law and equal protection of laws
Article 15 – Prohibition of discrimination
Article 16 – Equality in public employment
Article 17 – Abolition of untouchability
Article 18 – Abolition of titles

Right to freedom (Article 19)

Provides six freedoms:
a) Freedom of speech and expression
b) Freedom to assemble peacefully
c) Freedom to form associations or unions
d) Freedom to move freely throughout India
e) Freedom to reside and settle anywhere in India
f) Freedom to practice any profession or business

Right to information (RTI)

Added in 2005 under Article 19(1).
Grants citizens the right to access information about government functions, policies, and
operations.

Major initiatives of Human Rights Commission

The Human Rights Commission has taken several important initiatives to protect and promote
civil liberties and human rights across India.

Civil liberties

The Commission reviewed laws like the Terrorist and Disruptive Activities Act and the draft
Prevention of Terrorism Bill, 2000.
It focused on human rights protections in regions affected by insurgency and terrorism.
It issued guidelines to prevent police from abusing their power to arrest.
It pushed for the formation of Human Rights Cells in state and city police headquarters.
It recommended measures to check custodial deaths, rape, and torture.
It supported India’s commitment to the Convention Against Torture and the Geneva
Convention’s Additional Protocols.
It advocated for a national refugee law.
It promoted systemic improvements in police departments, prisons, and detention centers.
It carried out inspections of prisons, mental hospitals, and similar institutions.
It reviewed legislation and helped implement international human rights treaties and
instruments.
Economic, social and cultural rights

It worked towards the abolition of bonded labour and child labour, and promoted the right to
food.
It focused on the prevention of maternal anemia and congenital mental disabilities in
children.
It addressed the human rights of persons affected by HIV/AIDS.

Kinds of issues on which complaints have been received

The Commission has dealt with a wide variety of human rights violations. The most common
complaints include:
Failure to take action in administrative matters
Unlawful detention and false implication
Custodial violence, illegal arrests, and custodial deaths
Encounter killings
Poor prison conditions and harassment of inmates
Atrocities against Scheduled Castes (SCs) and Scheduled Tribes (STs)
Bonded and child labour, child marriage
Communal violence
Dowry-related deaths or attempts, dowry demands
Abduction, rape, and murder
Sexual harassment, indignity to women, and exploitation
Various other uncategorized human rights issues

Salient features of the Protection of Human Rights Act, 1993

The Act was established to protect people from human rights violations and state abuses.
It defines human rights as the right to life, liberty, equality, and dignity as guaranteed by the
Constitution.
It ensures remedies for victims of rights violations.
It establishes national and state-level institutions for human rights enforcement, including:
– National Human Rights Commission (NHRC)
– State Human Rights Commissions (SHRCs)
– Human Rights Courts to try severe violations

Role of the Human Rights Commission

To inquire into human rights violations or negligence in preventing them by public servants,
either suo motu, through petitions, or on court orders
To intervene in court proceedings involving human rights allegations
To inspect jails and detention centers, assess conditions, and offer recommendations
To review legal and constitutional safeguards and recommend reforms
To evaluate the impact of terrorism and similar acts on human rights and suggest solutions
To study and recommend the implementation of international treaties and instruments
To conduct and promote human rights research
To spread human rights awareness and educate the public about their rights
To support and encourage NGOs working in the field of human rights
To perform any other function necessary for the promotion and protection of human rights
Tab 2
The need for the right to information

Popular sovereignty is the most important principle of a democracy. Popular sovereignty refers
to the power and authority of the people to control the government, determine who holds power,
who makes decisions, and who maintains law and order. In a true democracy, sovereignty must
lie with the electorate or the people.

To ensure accountability, transparency, good governance, and honesty, the fundamental

Right to Information (RTI) must be exercised.

Elections only provide periodic control over the government. For day-to-day accountability, the
Right to Information is essential.

The concept of RTI

The Right to Information means the freedom of people to access government information. It
is considered a political human right.

Its scope is limited to the government and government-owned public institutions and
services.

The information sought must be of public relevance.

Citizens should have reasonably free access to files and documents related to government
operations, decisions, and performance in order to ensure openness and transparency in
governance.

Advantages of the RTI Act, 2005

1. It makes the administration more accountable to the people

2. It reduces the gap between the government and citizens

3. It makes people more aware of how decisions are made in governance

4. It helps civil servants deliver services better

5. It allows for intelligent and constructive criticism of the government

6. It promotes greater public participation in administration

7. It encourages public interest by reducing arbitrary decisions

8. It strengthens democratic values by promoting transparency

 9. It plays a role in reducing corruption

10. It makes the administration more responsive to citizens

11. It reduces the misuse of power by officials and ministers

Issues in implementation of the RTI Act

There is low public awareness of the RTI Act, particularly among Scheduled Castes,
Scheduled Tribes, OBCs, women, and persons with disabilities.

Applicants face difficulties in filing RTI applications, due to the absence of user-friendly
guides, lack of email support, and uncooperative Public Information Officers (PIOs).

The quality of information provided is often poor.

Many public authorities fail to provide information within 30 days, as mandated.

There is a lack of basic infrastructure, such as photocopiers, scanners, computers, and

reliable internet access.

Government offices suffer from poor file and record management, often due to a lack of
standardized procedures.

Many PIOs and First Appellate Authorities are inadequately trained.

There is a lack of motivation among PIOs to deliver timely and complete responses.

Voluntary disclosure of information under the Act remains very poor, defeating one of the key
purposes of the law.

Who is a consumer?
A consumer is a person or a group who intends to order or use purchased goods, products, or
services primarily for personal, social, family, household, and similar needs. A consumer is not
directly engaged in entrepreneurial or business activities.

A consumer is the most important visitor on a company’s premises. He is not dependent on the
seller; rather, the seller is dependent on him. He is not an interruption to work—he is the
purpose of it. Serving him is not a favour, but a duty, and his patronage is an opportunity.

Any person who uses goods with the approval of the buyer is also considered a consumer. For
example, if a person buys goods and their family or friends use them, they too are considered
consumers, especially if they detect any defects in the product.

Concepts
Caveat emptor
This Latin phrase means “let the buyer beware.” It places the responsibility on the buyer to
examine goods before making a purchase. If defects are found later, the buyer generally cannot
recover the price paid.

Caveat venditor
This Latin phrase means “let the seller beware.” It implies that sellers must ensure that the
goods or services they provide are free from defects and safe for consumer use, as they can be
held responsible for any harm caused.

Types of consumer rights

Right to basic needs
Right to safety
Right to information
Right to choose
Right to be heard
Right to redress
Right to consumer education
Right to a safe environment

Consumer responsibility
Consumers must act cautiously in the marketplace. They should make informed decisions
about the goods and services they use.

Consumers are expected to reduce unnecessary consumption, conserve energy, and choose
environmentally friendly alternatives. Proper waste disposal is a key responsibility.

The four Rs of responsible consumption—reduce, recycle, refuse, and reuse—are obligations of

every consumer, not just privileges.

Consumers should support and promote the use of safe, eco-friendly products.

Consumer movements require active involvement. This includes lobbying the government,
pressuring markets for better quality, and participating in rights awareness campaigns.

Young consumers especially should avoid fast food, engage in environmental conservation, stop
using firecrackers and other pollutants, and save resources like paper.

Features of the Consumer Protection Act, 1986

Definition of consumer
The Act, for the first time, clearly defined the term "consumer" and granted them various rights.

Rights recognized
The Act acknowledges six consumer rights: safety, choice, information, representation, redress,
and consumer education.
Coverage and provisions
The Act provides broad protection to consumers through consumer courts, councils, and
provisions for compensation and redress.

Relief available to consumers

Consumers can seek the following reliefs under the Act:

● Removal of defects in goods

● Replacement of goods

● Refund of the price paid

● Compensation for any loss or injury suffered

● Discontinuation of unfair or restrictive trade practices

● Banning of hazardous goods and withdrawal from sale

● Halting production of harmful products or services

● Publishing corrective advertisements to counter misleading claims

● Reimbursement of legal costs and related expenses

Advantages of the Consumer Protection Act, 1986

● No need for physical presence in most cases

● Simple legal procedures

● No requirement for an advocate

● Nominal complaint fees

● Low cost to the complainant

● Time-bound resolution

● Less formal courtroom atmosphere

The Consumer Protection Act, 2019

The Consumer Protection Act, 2019 was passed by the Indian Parliament on 6 August 2019. It
received Presidential assent and was published in the official gazette on 9 August 2019. This
new legislation replaces the outdated Consumer Protection Act, 1986.

The 2019 Act seeks to improve the process of resolving consumer disputes by making it faster,
more effective, and more consumer-friendly.

Definition of Public Interest Litigation (PIL)

Public Interest Litigation (PIL) is a legal mechanism through which an individual or a social
action group initiates legal proceedings in a court of law for the enforcement of constitutional or
legal rights of the general public or a specific section of society. It is especially used to protect
the rights of those who are disadvantaged or unable to access justice due to social or economic
barriers.

Locus Standi and PIL

Traditionally, the doctrine of locus standi requires that only the person whose rights have been
directly affected can approach the court. Locus standi literally means “place to stand” and refers
to the legal capacity to be heard in court as an affected party.

However, PIL marks a departure from this rule. In PIL cases, locus standi is relaxed to allow
individuals or groups not personally affected to file petitions on behalf of those who cannot
access the courts themselves—such as the poor, illiterate, disabled, or otherwise disadvantaged
individuals.

Innovations through PIL

PIL has led to several legal innovations:

● Relaxation of the rule of locus standi

● Simplification of procedures to file writ petitions

● Broadening of First Information Report (FIR) mechanisms

● Addressing evidentiary challenges

● Introduction of creative judicial remedies

Scope of PIL
Over time, courts have expanded the scope of PIL, especially through interpretations of Article
21 (Right to Life and Personal Liberty) and other constitutional provisions. PIL has addressed:

● Inhumane prison conditions

● Rights and treatment of prisoners and undertrials

 ● Custodial violence

● Treatment of inmates in mental institutions

● Rights of children in detention

Comparison Between Normal Litigation and PIL

Aspect In Normal Litigation In Public Interest Litigation (PIL)

Who can petition Only the aggrieved Any concerned citizen or group
party

Standing (Locus Required Not strictly required

Standi)

Type of justice Procedural justice Substantive justice

Adversary Private party or state State usually respondent; private party can
body be added

Judiciary role Passive Active, flexible, innovative

Type of litigation Adversarial Collaborative and participative

Beneficiary Only the petitioner Large number of citizens or a class of

people

Protection of All persons equally Usually poor, marginalized, and vulnerable

groups

Legal basis Any law Mainly Fundamental Rights and Directive

Principles

Criticism of PIL

● Misuse: Some PILs are filed with ulterior motives such as publicity or harassment.

● Judicial populism: Courts may be seen as appeasing public sentiments instead of

adhering strictly to legal norms.

● Inefficient use of judicial resources: Frivolous or politically motivated PILs can

overburden courts.

● Symbolic justice: In some cases, orders passed in PILs are not enforced effectively.
 ● Constitutional concerns: Excessive judicial intervention can disturb the balance of
power among the legislature, executive, and judiciary.

● Overuse: Leads to non-seriousness in litigation and dilutes the credibility of genuine

PILs.

Definition of Non-Cognizable Offence (NC)

A Non-Cognizable Offence is one in which a police officer cannot arrest the accused
without the prior approval or warrant from a magistrate. Such offences are usually less
serious in nature (e.g., public nuisance, simple hurt, defamation).

The police cannot conduct an investigation into a non-cognizable offence without permission
from the magistrate. No FIR (First Information Report) is registered in these cases—only a
record is made in the General Diary or Non-Cognizable Register of the police station.

The complainant receives a copy of the written complaint free of cost. The police can only
proceed if the court directs them to investigate.

In exceptional situations where there is a likelihood of breach of peace, the police may initiate
Chapter Proceedings under Chapter 8 of the CrPC (e.g., Section 107 for keeping peace).

Procedure to File an NC Complaint

1. The complaint can be drafted by any individual; a lawyer is not required.

2. The complainant should submit written evidence or supporting documents along with
the complaint.

3. The complaint is entered into the Non-Cognizable Register.

4. If the complainant seeks legal action, they must approach the Magistrate's Court, which
may direct the police to investigate.

5. No notice is issued to the accused at this stage by the complainant.

6. The police do not arrest the accused directly in NC cases.

Filing a Private Complaint in NC Cases

If police inaction occurs, or if legal action is still desired, the complainant can file a private
complaint under Section 200 CrPC in the Magistrate's Court. If the Magistrate is satisfied, the
court can direct police to investigate under Section 156(3) CrPC.

Understanding FIR (First Information Report)

An FIR is a document that sets the criminal process in motion. It is used only for cognizable
offences, which are more serious and allow police to act without prior approval.
Purpose of an FIR

● Alerts the Magistrate and Superintendent of Police about the crime.

● Records initial facts and evidence that start an investigation.

● Allows the informant to initiate criminal law against the accused.

● Helps investigating officers understand the nature of offence and proceed with
evidence collection.

Instances Requiring an FIR

FIRs are applicable for cognizable offences, such as:

● Murder

● Theft

● Rape

● Child sexual abuse

● Serious assault

When to File an FIR

The FIR should be filed immediately after the incident. If there's a delay, it must be justified
with valid reasons. Delayed FIRs may raise doubts about their credibility.

Where to File an FIR

Ideally, file the FIR at the police station having jurisdiction over the area where the crime
occurred. However, in emergencies:

● It can be registered at any police station.

● If filed outside jurisdiction, it becomes a Zero FIR and is later transferred.

What is a Zero FIR?

A Zero FIR is filed when the police station lacks territorial jurisdiction but records the FIR
due to urgency. It is then transferred to the relevant station. This ensures timely registration and
avoids procedural delays.

Procedure for Filing an FIR (Sec 154, CrPC)

 1. If information is given orally, the police must write it down.

2. The complainant has the right to have it read back for accuracy.

3. Once confirmed, the complainant must sign it.

4. If the complainant is illiterate, they may use a left thumb impression.

5. A copy of the FIR must be given free of cost.

Key Differences Between Cognizable and Non-Cognizable Offences

Basis Cognizable Non-Cognizable

Police Power to Without warrant Only with Magistrate's

Arrest permission

Filing of FIR Mandatory Not required; only entry in

register

Police Power to Can investigate without court Needs prior Magistrate's

Investigate permission approval

Examples Murder, rape, theft, grievous hurt Public nuisance, defamation,

simple hurt

Legal Action FIR is sufficient Requires Magistrate’s

intervention

1. Exclusion of Private Sector Corruption

The current Bill does not criminalize corrupt practices within the private sector, such as:

● Payments made outside the scope of a contract

● Fraudulent practices to secure contracts or manipulate procurement processes

This exclusion is significant because private sector corruption can distort markets,
increase the cost of doing business, and have serious consequences on public
interest, especially when private players are involved in public services and
infrastructure.

2. Lack of Preventive Measures

India’s existing laws focus more on punishment after the offence and less on prevention
mechanisms.
UNCAC emphasizes policies such as:
 ● Codes of conduct

● Transparent hiring and procurement processes

● Regular training of public servants

India’s laws fall short in embedding these institutional safeguards against corruption.

3. Incomplete Implementation of the Lokpal and Lokayukta Act (2013)

Although the Lokpal Act was passed to provide a national anti-corruption ombudsman,

● There has been a continued delay in appointment of the Lokpal and Lokayuktas in
several states.

● Without proper implementation, the Act has remained largely ineffective, despite its
strong legislative intent.

4. Questionable Effectiveness of Leniency Provisions

The law allows for leniency to persons who are forced or compelled to pay bribes. However:

● Those compelled to give bribes are often from vulnerable or disadvantaged

backgrounds and may fear retaliation.

● Without a robust witness protection mechanism, they are unlikely to report corrupt
officials.

● This raises concerns about potential misuse or misidentification of the truly corrupt
vs. those who had no real choice.

5. No Compensation Mechanism for Victims of Corruption

Unlike UNCAC, the Indian framework:

● Lacks a provision for compensation or restitution to aggrieved parties who suffer loss
due to corrupt acts.

● Does not provide for mechanisms that could protect India from bilateral investment
treaty (BIT) claims that arise due to corruption.

● This omission could increase India's liability in international disputes where foreign
investors seek damages over corruption-tainted projects.
Conclusion
While India has made strides in legislating against corruption, the present Bill and broader legal
framework lack several essential features aligned with global standards like UNCAC. These
include private sector coverage, preventive strategies, implementation of oversight bodies,
protective frameworks for whistleblowers and victims, and legal avenues for recovering
damages.