1.🧾 PREAMBLE (STATIC + CURRENT AFFAIRS)

 Why in News? (2024-25)

• A petition challenged the insertion of the words "Socialist" and "Secular" in the Preamble via the 42nd Amendment Act, 1976.
• The Supreme Court dismissed the petition.
• SC reiterated that the Constitution is a living document and amendments are valid if done via constitutional procedure.

📘 Basics of the Preamble

⚖️ Amendment Details

🧑‍⚖️ Important Supreme Court Judgments on Preamble

🔑 UPSC Trigger: Match-the-following between cases & judgments.

📚 Key Concepts in the Preamble

1. Justice – 3 Types

• Social
• Economic
• Political

❌ No mention of Legal Justice

2. Liberty – 5 Types

• Thought
• Expression
• Belief
• Faith
• Worship

❌ Economic Liberty not mentioned

✅ Mnemonic:

Thought → Expression → Belief → Faith → Worship

3. Equality

• Of Status
• Of Opportunity

❌ No mention of Social Equity

4. Fraternity

• Ensures Dignity of Individual
• Ensures Unity and Integrity of the Nation

Note:

• Fraternity in Preamble
• Brotherhood in Fundamental Duties
• Unity & Integrity – mentioned in both Preamble and Fundamental Duties, but with different contexts
  • Preamble: Outcome of fraternity
  • Duties: Duty to uphold Sovereignty, Unity & Integrity

⚠️ Conceptual Clarifications

🧠 UPSC PYQ (2020/21):

"Is Preamble legally enforceable?"

Answer: No, but it can reinforce enforceable provisions elsewhere.

📊 Probable UPSC PT Questions

1. Which words were added via the 42nd Amendment?
2. Match the SC Cases with their views on the Preamble.
3. How many types of liberty are mentioned in the Preamble?
4. Is economic liberty mentioned in the Preamble?
5. What does fraternity ensure?
6. What is the source of authority of the Constitution?
7. Can the Preamble be amended?
8. Which case established that Preamble is part of the Constitution?

2.  Citizenship (2024–2025)

📍Why in News?

• Citizenship Amendment Act (CAA), 2019 was implemented in March 2024 through a notification by the Ministry of Home Affairs.
• The implementation comes after a 5-year delay due to protests and COVID-19.
• This makes Citizenship a relevant topic for UPSC Prelims & Mains 2025.

Constitutional Provisions (Articles 5 to 11)

📝 Note: These provisions were only applicable at the time of independence. Future rules are decided by Parliament through legislation.

🔹 Citizenship Act, 1955

Based on Article 11, Citizenship Act, 1955 was enacted.

🔹 5 Ways to Acquire Indian Citizenship under the Act

1. By Birth
2. By Descent
3. By Registration
4. By Naturalization
5. By Incorporation of Territory

🔹 Assam Accord (1985) – Section 6A of Citizenship Act

• Due to illegal migration from Bangladesh to Assam.
• As per Section 6A:
  • Migrants detected as foreigners will be given citizenship after staying 10 years in India from the date of detection.
  • Applies only to those from East Pakistan (Bangladesh) before 25 March 1971.

✅ Assam Accord was added to the Citizenship Act through an amendment.

🔹 Citizenship Amendment Act (CAA), 2019

Purpose: To provide protection to persecuted religious minorities from Islamic countries.

🟩 Key Provisions:

1. Applies to migrants from:
   • Afghanistan
   • Bangladesh
   • Pakistan
2. Eligible Religious Communities:
   • Hindus
   • Sikhs
   • Buddhists
   • Jains
   • Parsis
   • Christians
   ❌ Muslims not included (as they are not minorities in these countries).
3. Cut-off Date:
   • Migrants who came to India before 31 Dec 2014.
4. These persons will NOT be treated as illegal migrants.
5. Relaxed Naturalization Period:
   • Reduced from 11 years to 5 years for these migrants.
6. Not Applicable in:
   • Sixth Schedule areas (tribal areas of Assam, Meghalaya, Mizoram, Tripura).
   • Areas under Inner Line Permit (ILP) system.

🔹 Citizenship Amendment – Type of Majority Required?

• To amend Citizenship Act (like CAA 2019), only a Simple Majority in Parliament is needed.
  • ✅ NOT a Constitutional Amendment, so Special Majority not required.

🔍 UPSC Focus: What to Study?

• Articles 5–11 (Just basics)
• Citizenship Act, 1955 – only acquisition methods + recent amendments
• Assam Accord – just Section 6A
• CAA 2019 – only:
  • 3 countries
  • 6 religions
  • Cut-off date: 31 Dec 2014
  • 5-year naturalization
  • Areas of non-applicability
• Type of majority: Simple Majority

❌ What Not to Focus On?

• Don't memories tables from Laxmikanth.
• No need to study the exact dates/sections in detail.
• UPSC mostly asks fundamental conceptual questions, not deep legal technicalities.

3. Foreigners Tribunal (2024–2025)

📍Why in News?

• Foreigners Tribunals (FTs) have been in focus due to ongoing concerns over illegal immigration in Assam and implementation of CAA 2019.
• The role of FTs is important in determining the citizenship status of individuals under Foreigners Act, 1946.

🧾 What is a Foreigners Tribunal (FT)?

⚖️ Powers of Foreigners Tribunal

• Quasi-judicial authority (not a regular court)
• Power to summon witnesses and documents
• Decides if a person is an illegal foreigner
• Orders passed are binding unless overturned by a High Court or Supreme Court

👥 Who Can Approach the FT?

1. Referral by the Police – if suspected to be an illegal migrant.
2. NRC Authority (in Assam) – post-verification.
3. Self-declaration – a person can approach FT to prove Indian citizenship.

🧠 Prelims Focus Points

📝 Mains Relevance (GS Paper 2 – Governance)

Q: Examine the role of Foreigners Tribunals in India. How do they balance national security with individual rights?

➡️ Include:

• Role in detecting illegal immigrants
• Concerns about due process, fundamental rights, and arbitrary procedures
• Need for reforms and legal safeguards
• Relevance with NRC & CAA implementation

📌 UPSC Notes Summary

4. Indian Passport Rules & Provisions (2024–2025)

📍Why in News?

• The Ministry of External Affairs (MEA) made key amendments to rules regarding the Date of Birth (DOB) proof for passport issuance, especially for children born in or after 2023.

✳️ Key Change – Sole Proof of DOB for Passport (From 2023 Onwards)

🔖 Earlier Provision (Before Amendment):

• Applicants could submit any one of multiple documents as proof of DOB, such as:
• • PAN card
  • Aadhaar
  • Matriculation certificate
  • Voter ID
  • Driving license
  • Birth certificate

🔁 Now Changed To (For post-2023 births):

• Only Birth Certificate accepted. No alternatives.

🧠 UPSC Prelims Bits

🗂️ Types of Indian Passports

There are three categories of Indian passports:

📌 No need to memorize all – Just be aware of classification.

🏛️ Constitutional Aspect – Union List Entry

🧾 Relevant Legal Framework

📝 Mains Relevance (GS Paper 2 – Governance)

Q: Examine the implications of making Birth Certificate the sole document for DOB proof in passport issuance.

➡️ Talking Points:

• Standardization of identity verification
• Reduction in fraudulent documents
• Challenges in rural areas with unregistered births
• Need for digitized and accessible birth registration systems
• Linkage with National Population Register and CAA concerns (if any)

📌 UPSC Notes Summary

5. Enemy Property in India

📍Why in News?

• The topic of Enemy Property has been in discussion due to government actions on confiscation, monetization, and policy clarity regarding these properties.
• Recently, the Ministry of Home Affairs (MHA) undertook steps to auction or manage enemy properties lying vacant in India.

🧾 What is Enemy Property?

🧠 Conceptual Understanding

🧍 Types of Persons:

• Citizen: Indian national.
• Alien: Foreign national.
• • Friendly Alien: Citizen of a country with peaceful relations.
  • Enemy Alien: Citizen of a country currently or previously at war with India (e.g., Pakistan, China).

🔐 Enemy Property:

• If an Enemy Alien held movable or immovable property in India (land, houses, jewelry, etc.), it is classified as Enemy Property.
• This property is vested in the Custodian of Enemy Property for India, under the Home Ministry.

⚖️ Legal Framework

🔄 Key Provisions of Enemy Property (Amendment) Act, 2017

1. Custodian has absolute rights over Enemy Property.
2. Heirs, successors, or transferees of enemy nationals cannot claim such property.
3. Transfer of such property is void—retrospectively from 1968.
4. Applicable even if:
5. • The enemy national has died.
   • The legal heir is an Indian citizen.
   • Property was acquired through sale, gift, or lease.

🏢 Administering Authority

📊 Key Statistics (as of latest data)

🗳️ Constitutional Relevance

🧾 Landmark Judgments

• Union of India vs Raja Mohammed Amir Mohammad Khan (2005):
• • SC upheld the validity of the Custodian's authority and the principle that enemy property cannot be claimed by legal heirs.

📝 UPSC Mains Relevance (GS Paper 2 – Governance, GS Paper 3 – Internal Security)

Q: Discuss the implications of the Enemy Property Act, 1968, and its recent amendments on property rights and national security.

➡️ Points to Cover:

• Sovereignty and property nationalization in post-war context
• Impact on property rights and inheritance laws
• Strategic importance of enemy assets
• Administrative challenges in identification and monetization
• Debate over fairness when legal heirs are Indian citizens

📌 UPSC Notes Summary

6. Formation of New States in India

Context: 10 years of Telangana’s formation (2014–2024)

📌 BACKGROUND: Telangana Formation

• Telangana became the 29th state of India on 2 June 2014 after being carved out of Andhra Pradesh.
• This marks 10 years of its formation in 2024.
• The demand was rooted in linguistic, cultural, economic, and administrative aspirations of the region.

⚖️ Constitutional Provisions for Formation & Reorganization of States

🧠 Conceptual Clarity – Article 2 vs Article 3

🔄 Procedure for Creating a New State (Article 3 Flowchart)

1. Presidential Recommendation (Mandatory)
2. • Bill cannot be introduced in Parliament without President’s prior recommendation.
3. President Refers the Bill to Concerned State Legislature
4. • The concerned state (whose boundary/name/area is being changed) must be informed and consulted.
   • State can express its views within a specified time.
   • ⚠️ State's opinion is not binding.
5. Introduction of Bill in Parliament
6. • Can be introduced in either House.
7. Passage in Parliament
8. • Bill must be passed by simple majority in both Houses (Lok Sabha + Rajya Sabha).
   • NOT a constitutional amendment → No Article 368 involved.
9. President’s Assent
10. • Once both Houses pass the bill, it is sent for President’s assent, after which the new state is created.

🗺️ Real-life Examples under Article 3

🗂️ Role of Schedules (1 & 4) – Article 4 Link

When changes are made under Article 2 or 3:

• Schedule I (List of States and Union Territories):
• • Needs to be updated to reflect the new state or altered names.
• Schedule IV (Rajya Sabha Seat Allocation):
• • Must be updated to adjust representation in Rajya Sabha for newly created or reorganized states.

✨ Important:

• Changes to Schedules I & IV are considered part of the original legislation and not constitutional amendments.

🧾 Special Case: Ceding Territory to Another Country

• If India wants to cede territory to a foreign country (e.g., India-Bangladesh Land Boundary Agreement), it requires constitutional amendment under Article 368.
• Example:
• • 119th Constitutional Amendment Bill and 100th Constitutional Amendment Act (2015) – ratified the India-Bangladesh land boundary agreement.

🧭 New District Creation – Not a Parliamentary Matter

🎯 UPSC Mains Angle – GS Paper II (Polity & Governance)

Sample Question:

Discuss the constitutional mechanism for the creation of new states in India. How has this mechanism been used in the recent past? Highlight its significance in federal governance.

✅ Use Telangana (2014), Andhra Reorganization Act, and Article 3–4 procedural steps in your answer.

🧠 UPSC Prelims Key Points Recap: