Indian Constitution

Union and its Territories.

Part 1 of the Constitution (Article 1 to 4)

 

Article 1

1. India, that is, Bharat as a 'Union of States'.
2. According to BR Ambedkar Union of States has been preferred to 'Federation of States' for two reasons.
• Indian Federation is not the result of an agreement among the states like the American Federation.
• The states have no right to secede from the federation.
3. The territory of India is classified as
• Territories of the states
• Union territories
• Territories that may be acquired by the Government of India at any time.
4. Special provision applicable to the states (Part XXI)
• Maharashtra
• Gujarat
• Nagaland
• Assam
• Manipur
• Andhra Pradesh
• Telangana
• Sikkim
• Mizoram
• Arunachal Pradesh
• Goa
• Karnataka
5. 5th and 6th schedule contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states.
6. India acquired several foreign territory
• Dadra and Nagar Haveli
• Goa
• Daman and Diu
• Puducherry
• Sikkim

Article 2 

1. Empowers the Parliament to 'admit into the Union of India, or establish, new states on such terms and conditions as it think fit.'
2. It grants two powers to the parliament
• to admit into union of states
• to establish new states

Article 3

1.  It authorized parliament to
• Form new states by separation or Union of two or more states
• Increase the area of any state
• Dininish the area of any state
• Alter the boundaries of any state
• Alter the name of any state
2. Two conditions
• Such bill introduces in the parliament only with the prior recommendation of the President.
• before recommending the bill the President has to refer the same to the concerned state legislature. 
• President is not bound by the views of state legislature.
• In case of Union Territories, no reference need to make to concerned state legislature.

Article 4 

1. Law made for admission or establishment of new states and formation of new states (under Article 2) and alteration of areas, boundaries or names of existing states (under Article 3) are not to be considered as amendments of the Constitution under Article 368.
2. Such law can be passed by simple majority and by ordinary legislative process.
3. In Berubari Union case, SC held that the power of Parliament to diminish the area of a state does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the constitution under Article 368.
4. 9th Constitutional Amendment Act (1960) - Settlement of a boundary dispute between India and another country does not require a constitutional amendment.
5. 100th Amendment Act - Acquire certain territory by India and transfer of certain other territory to Bangladesh.
• India transferred 111 enclaves to Bangladesh.
• Bangladesh transferred 51 enclaves to India.

Evolution of States and Union Territories

1. Total Princely states = 552
2. How many joined India = 549
3. कितने बचे - 3 
4. कौन थे वो तीन नमूने - Hyderabad (Moye Moye हो गया ), Junagadh (Referendum), Kashmir 😂

India 1950, the Constitution contained a four-fold classification of states and Union territories

Part A	Nine erstwhile governor provinces
Part B	Nine erstwhile princely states
Part C	Erstwhile chief commissioner province
Part D	Andaman and Nicobar Island

Dhar Commission (SK Dhar) - Recommended the reorganization of states on the basis of administrative convenience rather than linguistic factor.

JVP Commission (Jawahar Vallahbhai Pattabhi) - Formally rejected as a language as the basis for reorganization of states.

Fazi Ali Commission

1. Three membered commission - Fazi Ali, K.M. Panikkar and H.N. Kunzru
2. Accepted linguistic basis of reorgansation of states. 
3. Rejected one language one state.
4. It identified four major factor taken into account in any scheme of reorgansation of states -
• Preservation and strengthening unity and integrity of the country.
• Linguistic and cultural homogeneity.
• Financial, economic and administrative consideration.
• Planning and promotion of the welfare of the people.
5. Abolition of four fold classification of states and territories.
6. State Reorganization Act 1956
• Kerala = Travancore + Cochin + Malabar district + Kasargode of south Canara
• Andhra Pradesh = Hyderabad state + Andhra state
• Madhya Pradesh = Madhya Bharat + Vindhya Pradesh + Bhopal state
• Bombay state = Saurashtra + Kutch
• Coorg + Mysore state
• Punjab = Patiala + East Punjab
• Ajmer + Rajasthan
• Madras - Laccadive, Minicoy and Amindivi Island
7. New states and Union Territories created after 1956.

S.No	States	Year	Description
1.	Maharashtra and Gujarat	1960	Marathi and Gujarati speaking people
2.	Dadra and Nagar Haveli	1961	Liberation (1954) 10th CA 1961, converted into UT
3.	Goa, Daman and Diu	1962	12th CA Act 1962, Goa (statehood) Daman Diu (UT) 1987
4.	Puducherry	1962	Acquired by French (1954), 14th CA Act 1962 (UT)
5.	Nagaland	1963	Naga hills + Tuensang area
6.	Haryana (17th), Chandigarh, HP (18th)	1966	Demand for Sikh homeland by Akali dal (Shah Commission)
7.	Manipur(19th), Tripura (20th), Meghalaya (21st)	1972	21st CA 1969 – Created Meghalaya as an independent state. UT of Mizoram and Arunachal Pradesh was formed out of Assam.
8.	Sikkim (22nd)	1974	35th CA 1974 (Sikkim – Status of associate state), New Article 2A and Schedule 10 is inserted in Constitution. 1975, they voted for the abolition of Chogyal and Sikkim become the integral part of India. 36th CA Act 1975. Repealed Article 2A and 10th Schedule. Amendment in 1st and 4th schedule. Article 371 F – Special Provision
9.	Mizoram(23rd), Arunachal Pradesh(24th) and Goa (25th)	1987	Mizoram Peace Accord 1986 (C.G. and Mizo National Front)
10.	Chhattisgarh (26th), Uttarakhand (27th) and Jharkhand (28th)	2000	Out of Madhya Pradesh, Uttar Pradesh and Bihar
11.	Telangana (29th)	2014	Andhra State Act 1956 (First linguistic state of India by separating Telugu speaking area from state of Madras)   State Reorganisation Act (1956) – Hyderabad + Andhra State = Andhra Pradesh   Andhra Pradesh Reorganisation Act (2014) – Bifurcated Andhra Pradesh into two state Andhra Pradesh and Telangana
12.	Jammu & Kashmir and Ladakh	2019	Article 370   Jammu Kashmir Reorganisation Act 2019, bifurcated the erstwhile state of Jammu Kashmir into two separate UT, UT of Jammu & Kashmir and UT of Ladakh.

Citizenship (Part II, Article 5-11)

Article 5

Person who is domicile of India, fulfills any one of the three condition -

1. if he born in India
2. if either of his parents was born in India
3. if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution.

Article 6

Who migrated to India from Pakistan -

1. Either of his parent or grandparents are born in undivided India.
2. He migrated India before July 19, 1948, ordinary resident since then.
3. He migrated India after July 19, 1948, registered as a citizen.
4. Person could be register only if he has been resident of India since Independence.

Article 7

Migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement. He had to be resident of India for six months preceding the date of his application for registration.

Article 8

A person born or any of whose parents born in undivided India but who is ordinally residing outside India shall become an Indian citizen if he has ben registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence.

Article 9

No person shall be citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired citizenship of foreign.

Article 10

Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.

Article 11

Parliament shall have power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Constitution confers certain Rights and Privileges to the citizen of India (same denied to aliens)

1. Article 15 - Right against discrimination.
2. Article 16 - Opportunity in public employment.
3. Article 19 - Freedom of speech and expression, assembly, association, movement, residence and profession.
4. Article 29 and 30 - Cultural and educational rights
5. Right to vote in election.
6. Right to contest membership of Parliament or State Legislature
7. Eligibility to hold certain public offices -
• President of India
• Vice-President of India
• Judges of SC and HC
• Governor of states
• Attorney General of India
• Advocate General of State
8. Duties of Indian Citizen
• Paying taxes
• Respecting national flag and national anthem
• defending the country and so on

Acquisition of Citizenship

1. By Birth
• Person born between Jan 26, 1950 - July 1, 1987.
• After July 1, 1987 - Either of his parents is citizen of India.
• After Dec 3, 2004 - If both of their parents are citizen of India
• Children of foreign diplomats posted in India and enemy aliens cannot acquire citizenship by birth.
2. By Descent - person born outside India
• After Jan 26, 1950 - Dec 10, 1992, if his father was citizen of India at the time of his birth.
• After Dec 10, 1992 - If either of his parents is a citizen of India at the time of his birth.
• After Dec 3, 2004 - Person born outside in India shall not be citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the central government.
3. By Registration
• Indian origin - residing for 7 years.
• Indian origin - resident of any country or place outside undivided India.
• Married to Indian citizen - Ordinary resident for 7 years.
• Minor children of person who is citizen of India.
• Person of full age and capacity whose parents are registered as a citizen of India.
• Person of full age and capacity, either of his parents was earlier citizen of India.
4. By Naturalization
• Not subject or citizen from any country where citizens of India are prevented from becoming subject or citizen of that country by naturalization.
• Citizen of any country renounce the citizenship of that country.
• Either residing in India or been in the service of a Government of India, throughout the period of 12 months immediately preceding the date of the application.
• Nahi samajh aaya
• Good character
• Adequate knowledge of a language specified in the 8th Schedule of the Constitution.
• Government may waive all the above conditions of Naturalization in case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.
5. By Incorporation of Territory
6. Special provision as to Citizenship of Persons Covered by the Assam Accord
• Person who came from Assam before Jan1, 1966 from Bangladesh and ordinary resident since then.
• After Jan 1, 1966, but before March 25, 1971 - Registration करना होगा। 
• ठीक से दामाझ नहीं आया। 

Loss of Citizenship

• By Renunciation
• If such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government.
• By Termination
• This provision, however, does not apply during a war in which India is engaged.
• By Deprivation
• Obtained citizenship by fraud.
• Shown disloyalty towards Constitution.
• Unlawfully traded or communicated with the enemy during war.
• Imprisoned in any country for two years continuously, within 5 years of Naturalization.
• Ordinary resident outside India for seven years continuously.

Overseas Citizenship of India

1. LM Sanghvi Committee - High level committee on Indian diaspora.
2. Recommendation
• Amendment in Citizenship Act 1955.
• Grant dual citizenship to Person of Indian Origin (PIOs).
3. Citizenship (Amendment) Act 2003 - Acquisition of OCI by PIOs of 16 specified countries other than Pakistan and Bangladesh.
4. Citizenship (Amendment) Act 2005 - Expanded the scope of grant of OCI for PIOs of all countries except Pakistan and Bangladesh.
5. Citizenship (Amendment) Act 2015 - Introduce a new scheme called "Overseas Citizen of India Cardholder" by merging PIO card scheme and OCI card scheme.

Who is eligible for Registration of OCI cardholders

1. Who was citizen after commencement of Constitution.
2. Eligible to become citizen of India.
3. Belong to a territory become part of India after independence.
4. Child, Grandchild and Great grandchild of such citizen.
5. Minor child of such person.
6. Minor child whose both or any one parent was citizen of India.
7. Spouse of foreign origin of citizenship of India or Overseas citizen of India whose marriage has been registered and subsisted for continuous period of not less than 2 years immediately preceding the presentation of application.