Part I of the Constitution of India: The Union and its
Territory
Introduction
Articles Covered: Articles 1 to 4.
Deals With: The name of the country, types of states, formation of new states, alteration
of boundaries, and related matters.
Fundamental Aspect: Defines the basic structure of the Indian state.
Article 1: Name and Territory of the Union
Name of the Country:
o India, that is Bharat, shall be a Union of States.
o The Constitution officially uses both "India" and "Bharat."
Nature of the Union:
o "Union of States": This signifies two important things:
1. The Indian Federation is not a result of an agreement among the states
(unlike the American federation). States have no right to secede from the
Union.
2. The states derive their authority from the Constitution, not from a separate
agreement with the Union.
India is an "indestructible Union of destructible states". This means the
Union cannot be broken, but the states can be altered or abolished.
Territory of India shall comprise:
1. The territories of the States (as specified in the First Schedule).
2. The Union Territories (as specified in the First Schedule).
3. Such other territories as may be acquired. (e.g., Goa, Daman & Diu,
Puducherry were acquired later).
Article 2: Admission or Establishment of New States
Power of Parliament: Parliament may by law admit into the Union, or establish new
States, on such terms and conditions as it thinks fit.
Distinction from Article 3:
o Article 2 deals with:
Admission of states which are already in existence but were not part of
the Indian Union previously (e.g., Sikkim joining India).
Establishment of new states which were not in existence before but are
carved out of foreign territory acquired by India.
Example: Admission of Sikkim into the Indian Union (by the 35th and 36th
Constitutional Amendment Acts).
Article 3: Formation of New States and Alteration of Areas, Boundaries or
Names of Existing States
Power of Parliament: Parliament may by law:
o Form a new State by separation of territory from any State or by uniting two or
more States or parts of States or by uniting any territory to a part of any State.
o Increase the area of any State.
o Diminish the area of any State.
o Alter the boundaries of any State.
o Alter the name of any State.
Procedure for such laws:
1. A bill for any of these changes can only be introduced in either House of
Parliament on the recommendation of the President.
2. Before recommending, the President must refer the bill to the Legislature of the
State(s) concerned for expressing its views within a specified period.
3. The President is NOT bound by the views of the State Legislature. Parliament
can pass the bill even if the State Legislature rejects it or doesn't give views in
time.
4. For Union Territories, no reference to the legislature is required.
Examples:
o Formation of Chhattisgarh from Madhya Pradesh.
o Formation of Uttarakhand from Uttar Pradesh.
o Formation of Jharkhand from Bihar.
o Formation of Telangana from Andhra Pradesh.
o Alteration of names (e.g., Orissa to Odisha, Uttaranchal to Uttarakhand).
o Jammu & Kashmir Reorganisation Act, 2019 (abolishing a state and creating
UTs).
Article 4: Laws Made Under Articles 2 and 3 to Provide for the Amendment of
the First and Fourth Schedules and Supplemental, Incidental and Consequential
Matters
Amendments to Schedules: Any law made under Article 2 or Article 3 (i.e., for
admitting/establishing new states or altering existing ones) will automatically include
provisions for:
o Amendment of the First Schedule (listing States and Union Territories and their
territories).
o Amendment of the Fourth Schedule (allocating seats in the Rajya Sabha to
States and Union Territories).
Not a Constitutional Amendment (under Article 368):
o Such laws (under Article 2 and 3) are NOT deemed to be amendments to the
Constitution for the purposes of Article 368.
o This means they can be passed by a simple majority of Parliament (i.e., more
than 50% of members present and voting), not the special majority required for
constitutional amendments under Article 368.
o This highlights the Parliament's vast power over the territorial integrity of states.
Part II of the Constitution of India: Citizenship
Introduction
Articles Covered: Articles 5 to 11.
Deals With: Who is a citizen of India at the commencement of the Constitution, and
Parliament's power to regulate citizenship matters.
Concept of Citizenship:
o Single Citizenship: India has a single citizenship, meaning a person is a citizen of
India, not of any specific state. This promotes unity and integrity.
o Rights and Duties: Citizens enjoy certain Fundamental Rights (e.g., Articles 15,
16, 19) and duties that non-citizens do not. They also have the right to hold
certain high offices (e.g., President, Governor).
Article 5: Citizenship at the Commencement of the Constitution
This article defines who became a citizen of India on January 26, 1950 (the
commencement of the Constitution).
A person was a citizen of India if they had their domicile in the territory of India AND
fulfilled any one of these three conditions:
1. Born in the territory of India.
2. Either of whose parents was born in the territory of India.
3. Who has been ordinarily resident in the territory of India for not less than
five years immediately preceding such commencement.
Article 6: Rights of Citizenship of Certain Persons Who Have Migrated to India
from Pakistan
Deals with persons who migrated from Pakistan to India before and after partition
(specifically for those who came before July 19, 1948).
If migrated before July 19, 1948:
o If they or either of their parents or any of their grandparents were born in
undivided India, AND
o They have been ordinarily resident in India since the date of their migration.
If migrated on or after July 19, 1948:
o If they or either of their parents or any of their grandparents were born in
undivided India, AND
o They have been registered as a citizen of India by an officer appointed for that
purpose, having resided in India for at least six months immediately before
applying for registration. (This date was crucial as permits were introduced after
it).
Article 7: Rights of Citizenship of Certain Migrants to Pakistan
Deals with persons who migrated from India to Pakistan after March 1, 1947, but later
returned to India.
Even if a person migrated to Pakistan after March 1, 1947, they could still be considered
a citizen if they:
o Returned to India under a permit for resettlement or permanent return, AND
o Had been ordinarily resident in India for at least six months before applying for
registration as a citizen.
Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing
Outside India
Deals with persons of Indian origin who were residing outside undivided India.
A person registered as a citizen of India by the diplomatic or consular representative of
India in the country where they were residing, on an application made by them to such
representative, will be a citizen of India.
This covers overseas Indians who wanted to retain their Indian citizenship.
Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to Be
Citizens
If any person has voluntarily acquired the citizenship of any foreign State, they shall
NOT be a citizen of India by virtue of Articles 5, 6, or 8.
This reinforces the principle of single citizenship in India.
Article 10: Continuance of the Rights of Citizenship
Every person who is or is deemed to be a citizen of India under any of the preceding
provisions of this Part (Articles 5-9) shall, subject to the provisions of any law made by
Parliament, continue to be such citizen.
This means citizenship continues unless Parliament makes a law to the contrary.
Article 11: Parliament to Regulate the Right of Citizenship by Law
This is the most important article regarding citizenship.
Power of Parliament: Parliament shall have the power to make any law regarding:
o Acquisition of citizenship (how to get it).
o Termination of citizenship (how to lose it).
o All other matters relating to citizenship.
Enabling Provision: This article is the basis for the Citizenship Act, 1955, which is the
primary law governing citizenship in India today.
The Citizenship Act, 1955 (Brief Overview as it's built on Article 11)
While Article 11 gives Parliament the power, the actual rules are in the Act.
Ways to Acquire Indian Citizenship:
1. By Birth: A person born in India on or after Jan 26, 1950, is generally a citizen (with
some modifications over time, mainly to prevent illegal immigrants from getting
citizenship automatically based on birth).
2. By Descent: A person born outside India whose parent (or grandparents, depending on
the date) was an Indian citizen.
3. By Registration: Persons of Indian origin, or spouses of Indian citizens, or minor
children of Indian citizens, etc., can apply for registration after residing in India for a
specified period (currently 7 years for adults, 5 years for OCI cardholders).
4. By Naturalisation: Foreigners (who are not illegal immigrants) can acquire citizenship
after residing in India for a minimum period (currently 12 years in total, including 1 year
continuous residence immediately before application).
5. By Incorporation of Territory: When a foreign territory becomes part of India, the
Government can specify who among its population will become Indian citizens.
Ways to Lose Indian Citizenship:
1. By Renunciation: Voluntarily giving up Indian citizenship (usually by a citizen of full
age and capacity who is also a citizen of another country).
2. By Termination: If a citizen voluntarily acquires the citizenship of another country, their
Indian citizenship automatically terminates (based on Article 9 of the Constitution).
3. By Deprivation: Compulsory termination of citizenship by the Central Government,
usually for fraudulent acquisition, disloyalty to the Constitution, trading with enemy
during war, or continuous absence from India for 7 years (without informing authorities).
