INDIAN POLITY BY M.

LAXMIKANTH

Similarly Goa, Daman and Diu was added as a Union territory by the 12th Constitutional amendment in the
year 1962.
The Pondicherry together with Karaikal, Mahe and Yanam were ceded to India by the French government in
the year 1954.
In the year 1962 through the 14th Constitutional amendment Pondicherry together with Karaikal, Mahe and
Yanam, the French possessions was added as a Union territory.

ARTICLE 2:

Parliament may by law admit new states into the union of India or establish new states on such terms and
conditions as it thinks fit.

The Article 2 of the Indian Constitution provides two powers to the Parliament.
The power to admit the new states into the Union of India

And

The power to establish new states.

In the year 1974, the Sikkim Assembly passed the Government of Sikkim Act, 1974.
This act empowered the Government of Sikkim to seek participation and representation of the people of
Sikkim in the Indian political institutions for the speedy development of Sikkim.
The resolution also meant for the representation of the people of Sikkim in the Indian Parliamentary system.
In the year 1974 the 35th Constitution amendment act was passed by the Parliament to give effect to the
resolution.
The main provisions of the 35th amendment act is Sikkim will be an ‗associate state‘ of India.
There was a criticism regarding the 35th amendment of the Constitution, since the original Constitution did not
mention about the ‗associated state‘.
The Parliament passed the 36th amendment act.
Sikkim has been admitted into the Union of India as a state.
The 36th amendment act came into effect from April 26, 1975.
Article 371F inserted to make some special provisions relating to the admission of Sikkim.

ARTICLE 3:

The parliament may by law is empowered to Form a new state

3 (a): By separation of territory from ant state

OR
by uniting 2 or more states or parts of states
OR
By uniting any territory to a part of any state.

3 (b): Increase the area of any state

3 (c): Diminish the area of any state

RAJESH NAYAK
 INDIAN POLITY BY M.LAXMIKANTH

3 (d): Alter the boundaries of any state

3 (e): Alter the name of any state

The Constitution empowered the Parliament to reorganize the boundaries of the states by a simple majority.
Article 3 lays down two conditions in the formation of new states.

1) The bill can be introduced in the Parliament only with the prior recommendation of the President.

2) The President shall before giving recommendation refer the bill to the legislature of the state which is going
to be affected by the changes proposed in the bill.
The state legislature must express its view in the time specified by the President.
The President is not bound by the view of the state legislature.
It is not necessary to make afresh reference to the state legislature every time an amendment to the bill is
moved and accepted in the Parliament.
In case of Union territory, no reference need be made to the concerned legislature to ascertain its views and the
Parliament can itself take any action as it deems fit.

ARTICLE 4:

4 (1): Any law referred to Article 2 or 3 shall contain such provisions for the amendment of the first schedule
and fourth schedule as may be necessary to give effect to the provisions of the law and may also contain such
supplemented, incidental and consequential provisions.

4 (2): No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purpose of
Article 368.

It means these can be passed without resorting to any special procedure.

This can be done by a simple majority of the parliament like any other piece of ordinary legislation.

THE NAMES OF THE STATES CAN BE CHANGED

THROUGH THE PROVISION OF ARTICLE 3

In the year 1950 the states United Provinces was renamed Uttar Pradesh.
In the year 1969 Madras was renamed ―Tamil Nadu‖. This was done through Madras State (Alternation of
name) Act, 1968 with effect from January 14, 1969.
In the year 1973 Mysore was renamed ‗Karnataka‘. This was done through Mysore State (Alternation name)
Act, 1973.
In the year 1973 Laccadive, Minicoy and Amindivi Islands renamed ‗Lakshadweep‘.
In the year 1992 the Union territory of Delhi was re-designated as the ‗National Capital Territory of Delhi‘.
This was done through 69th amendment act, 1991 with effect from February 1, 1992.

MISCELLANEOUS:

The name of the country was discussed in the Constituent Assembly. While ―Bharat‖ was the ancient name
and India was the modern name. As a member of United Nations also the name of the country was India and

RAJESH NAYAK
INDIAN POLITY BY M.LAXMIKANTH

all the international agreements were entered in that name. As a compromise ‗India’ that is ‗Bharat‘ was
accepted.
No state in India could secede from the Union.
The Parliament‘s power to diminish the area of any state does not cover cession of Indian Territory to a
foreign state.
In the Berubari (West Bengal) case of 1960 on a presidential reference the Supreme Court expressed the
opinion that no cession of territory could be made without a constitutional amendment. To give effect to an
agreement with Pakistan for transfer of part of the Berubari territory, the 9th constitutional amendment took
place in the year 1960.
In the year 1969 the Supreme Court ruled that settlement of a boundary dispute between India and another
country does not require a constitutional amendment. It can be done by an executive action since it does not
involve cession of Indian Territory to a foreign country.
India is an indestructible Union of destructible states.
The country is described as the ‗Union‘ although the Constitution is federal in structure.
At the time of independence India comprised two categories of political units, namely the British provinces
and princely states.
The Indian independence Act, 1947 gave 3 options to the princely states, either to join India or Pakistan or
remain independent.

Out of 552 princely states 549 integrated with India by the efforts of Sardar Vallabhbhai Patel.
The Hyderabad state was integrated through Police action.
Junagarh was integrated through referendum.
Kashmir was integrated through Instrument of Accession.
The Indian Constitution of 1950 contained 29 states.
The 29 states were classified into 4 parts.
Part A contained 9 erstwhile governor‘s provinces of British India.
Part B contained 9 erstwhile princely states with legislatures.
Part C contained 10 states. (Erstwhile Chief Commissioner‘s provinces of British India and some of the
erstwhile princely states).
In Part D the Andaman and Nicobar Islands were kept as the solitary (lonely).
In January 2012, the DMK (Dravida Munnetra Kazhagam) demanded that the taluks of Devikulam and
Peermedu, now in Kerala and forming parts of catchment of Periyar river be merged with Tamil Nadu. This
demand was first made by DMK way back in 1956 and 1957.
The decision for the creation of a new state ―Telenagana‘ has been announced by the Congress Working
Committee on July 30, 2013. At the same time the dormant demands from various states have been surfaced.
Paschimanchal, Harit Pradesh, Bundelkhand, Awadh Pradesh and Purvanchal in the state of Uttar Pradesh.
Vidarbha in Maharashtra
Gorkhaland in West Bengal
Bodoland and Karbi Anglong in Assam
On December 4, 2013 the GoM (Group of Ministers) submitted its final recommendations to the Cabinet.

CITIZENSHIP
The Citizenship is mentioned in Part II of the Indian Constitution.
The Citizenship provisions are covered under articles 5 to 11 of the Indian Constitution.
The Citizenship provides
full political membership in the state
permanent allegiance to the state
AND

Official recognition by the state of his integration into the political system.
RAJESH NAYAK
INDIAN POLITY BY M.LAXMIKANTH

The citizen pledges loyalty to the state

The state protects the citizens.
The Citizenship to an individual also brings
Rights
Duties
Privileges

And

Obligations
(All these do not belong to aliens)
The Public (government) offices are open only to the citizens.
Only the citizens are eligible for the offices of
The President - (Article 58(1)(a))
The Vice President - (Article 66(3)(a))
The Judge of the Supreme Court - (Article 124(3))
The Judge of a High Court - (Article 217(2))
The Attorney-General - (Article 76(2))
The Governor of a State - (Article 157)
The Advocate-General - (Article 165)
The right of suffrage (vote) for the election to the House of the people (Lok sabha) and the Legislative
assembly of every state - (Article 326)
Right to become a member of Parliament - Article (84)
Right to become a member of a state legislature – Article (191(d))
The citizens are eligible for recruitment to all public services.
Only the citizens have the right to vote
The concept of Citizenship came into existence since the adoption of the Constitution on November 26, 1949.
The Constitution of India laid down the law in regard to who would be the citizens of India at the time of
commencement of the Constitution.
The Constitution of India has not provided for the mode of acquisition and termination of citizenship.
As per Article 11 of the Indian Constitution the parliament could regulate the right of citizenship by law.
The Parliament passed the Citizenship Act, 1955 for acquisition and termination of the Citizenship.

WHO ARE THE CITIZENS OF INDIA?

As per the Article 11 of the Indian citizenship Act, the Parliament has enacted the Citizenship Act, 1955.
The Citizenship Act, 1955 has been amended in 1986, 1992, 2003 and 2005.
The Articles 5 to 8 of the Indian Constitution confers the citizenship on the people at the time of the
commencement of the Indian Constitution.
Persons domiciled in India
Persons migrated from Pakistan
Persons migrated to Pakistan but later returned to India
Persons of Indian origin residing outside India
Article 5: This provides that a person becomes entitled to the citizenship of India if,
at the commencement of the Constitution he has his domicile in the territory of India,
Or

he or either of his parents were born in India

Or
RAJESH NAYAK
INDIAN POLITY BY M.LAXMIKANTH

He has been ordinarily resident in the territory of India for not less than 5 years immediately before the
commencement of the Constitution.

DOMICILE:

The term Domicile is not defined in the Indian Constitution.

Domicile is a person‘s residence where he intends to live on a permanent basis.

Permanent residence
And
Intention to reside indefinitely
Constitutes the Domicile.

Article 6: This provides for citizenship rights of migrants from Pakistan before the commencement of the
Constitution.
This provides 2 types of distinctions.
The people migrating to India before July 19, 1948
And
The people migrating to India after July 19, 1948
Note: Permit system for migration was introduced on July 19, 1948.
A person migrated before July 19, 1948 shall be deemed to be a citizen of India on the commencement of the
Constitution if.
The person
Or
His parents (born in India as defined by the GOI Act, 1935)
OR
Any of grandparents (born in India as defined by the GOI Act, 1935)
And
Has been ordinarily residing in India since the date of the migration.
In case of migration after July 19, 1948
He should have been registered as a citizen of India by an officer appointed for the purpose by the
government of India.
And
Has been residing in India for at least 6 months immediately preceding the date of application.
Article 7: A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for
resettlement could become a citizen of India.
For this the person he had to be the resident of India for 6 months preceding the date of his application for
registration.
Note: the meaning of Migration mentioned in Article 7 is the migration before the commencement of the
Constitution.

RAJESH NAYAK
INDIAN POLITY BY M.LAXMIKANTH

The person migrating from Pakistan to India, after January 26, 1950 are governed by the Citizenship Act,
1955.
Article 8: This Article provides that
A person
Or
Any of his parents
Or
any of his grand parents
born in India as defined by the Government of India Act, 1935
but ordinarily residing outside India shall become a citizen of India if registered as a citizen of India by
the diplomatic representative of India in that country.
This is with respect to before or after the commencement of the Constitution of India.
Article 9: This provides that if a person voluntarily acquired the citizenship of another country, he shall forfeit
the right of the citizenship of India.
The above clause is applicable to cases arising before the commencement of the Indian Constitution.
Such type of cases arising after the commencement of the Constitution shall be dealt by the Citizenship Act,
1955.
Note: whether a person has lost the citizenship of India after acquiring the Citizenship of the other country is
to be decided by the government of India.
Article 10: this provides that every person who is or is deemed to be a citizen of India under any of the
provisions in the articles 5 to 10 shall continue to be a citizen of India.
This is subject to the provisions of any law made by the parliament.
Article 11: This article provides for the Parliament to enact legislations pertaining to the acquisition and
termination of the citizenship of India.
The Parliament passes Citizenship Act, 1955 providing for the acquisition and termination of the citizenship.
The citizenship can be acquired by 5 ways.
By Birth
By Descent
By Registration
By Naturalization
By incorporating a territory
The citizenship can be terminated in 3 methods.
Renunciation
Termination
Deprivation
ACQUIRING THE CITIZENSHIP OF INDIA:
BY BIRTH:
This was amended in the year 1986.
A person is the citizen of India by birth if
He is born in India on or after January 26, 1950 but before June 30, 1987
OR
He is born in India on or after July 1, 1987 but at the time of the birth either of his parents was a citizen of
India.
Note: The children of foreign diplomats posted in India and enemy aliens cannot acquire the Indian citizenship
by birth.

BY DESCENT:
RAJESH NAYAK
INDIAN POLITY BY M.LAXMIKANTH

A person born outside India was entitled to Indian citizenship if his father was an India citizen.
NOTE: Not Mother
This was amended in the year 1992.
A person born outside India on or after January 26, 1950 is a citizen of India by descent if, at the time of his
birth either of his parents was an Indian citizen.

BY REGISTRATION:
Certain categories of persons can be registered as Indian citizens.
Persons of Indian origin who are ordinarily resident in India for 5 years immediately before making an
application for registration
Persons of Indian origin who are ordinarily resident in any country or place outside India
Persons who are married to citizens of India and who are ordinarily resident in India for 5 years immediately
before making an application for registration
Minor children of persons who are citizens of India
And
Persons who are citizens of commonwealth countries
(Note: The period of acquisition of citizenship by registration was increased from 6 months to five years).

BY NATURALIZATION:
A foreigner can acquire the citizenship of India by naturalization if
He renounces the citizenship of other country
He is of good character
He has an adequate knowledge of a language mentioned in the 8th schedule of the Indian Constitution
He is not a citizen of a country where Indian citizens cannot become naturalized citizens
The government can waive all above conditions if a person has rendered distinguished service to the science,
art, literature, world peace or human progress.

BY INCORPORATION OF TERRITORY:
If any foreign territory becomes a part of India, then the government specifies through notification that the
people of that territory shall be the citizens of India.

HOW THE CITIZENSHIP IS LOST?

BY RENUNCIATION:
This is a voluntary act by which a person holding the citizenship of India as well as that of another country
may give up one of them.
When a person renounces the citizenship every minor child of his ceases to be an Indian citizen
RAJESH NAYAK