A PROJECT/ASSIGNMENT

ON

UNION AND ITS TERRITORY, CITIZENSHIP

PROJECT/ASSIGNMENT SUBMITTED

IN PARTIAL FULLFILLMENT OF ODD SEMESTER INTERNAL EVALUATION

SUBMITTED TO

ICFAI LAW SCHOOL

ICFAI UNIVERSITY DEHRADUN

ACADEMIC SESSION 2019-20

Submitted to: Ms. PRIYA CHANANA

Subject In charge: CONSTITUTIONAL LAW I

Submitted by: SANOL SANKALP

Course: LL.B 1st Year

Enrollment no: 19FLUCDDN01018

 ACKNOWLEDGEMENT

In preparation of my assignment, I had to take the help and guidance of some respected
persons, who deserve my deepest gratitude. As the completion of this assignment gave me
much pleasure, I would like to show my gratitude Ms. PRIYA CHANANA mam, at ICFAI
UNIVERSITY for giving me a good guideline for assignment CONSTITUTIONAL LAW. I
would also like expand my gratitude to all those who have directly and indirectly guided me
in finalizing this project within time frame.

Many people, especially my classmates have made valuable comment suggestions on my

paper which gave me an inspiration to improve the quality of the assignment.
 CONTENT
UNION AND ITS TERRITORIES…………………………………………………………….
INTRODUCTION
ARTICLES
CASE LAWS
CONCLUSION
BIBLIOGRAPHY

CITIZENSHIP………………………………………………………………………………………
INTRODUCTION
ARTICLES
CASE LAWS
CONCLUSION
BIBLIOGRAPHY
UNION AND ITS TERRITORY
INRODUCTION:

The Indian Constitution is unique in its contents and spirit. Though borrowed
from almost every constitution of the world, the constitution of India has
several salient features that distinguish it from the constitution of other
countries.1

Constitution is a living document, an instrument which makes the government

system work. Its flexibility lies in its amendments. The Constitution applies to
the State of Jammu & Kashmir with certain exceptions and modification as
provided on article 370 and the Constitution Order, 1954.

The Indian Constitution is the supreme law of India. The document lays down
the framework demarcating fundamental political code, structure, procedure,
powers and duties of government institutions and sets out fundamental rights,
directive principles and the duties of citizens. It is the longest written
constitution of any country on earth.2

The Union of India includes only the states enjoying the status of being
members of the federal system and sharing the powers with the Union. The
territory of India includes not only the States but also the Union Territories and
such other territories as may be acquired by India in future.

Articles 1 to 4 under Part 1 of Indian Constitution deal with the Union and its
Territories.
ARTICLE 1 :

Name and territory of the Union -

1. India, that is Bharat, shall be a Union of States.

2. The States and the territories thereof shall be as specified in the First
Schedules.
3. The territories of India shall comprise –
(a) The territories of the States;
(b) The Union territories specified in the First Schedule; and
(c) Such other territories as may be acquired.

Article-1 describes India as a ‘Union of States’. Dr. B.R. Ambedkar said that the
Indian federation was a “Union” because it was indissoluble, and no State had
a right to separate from the Indian Union. The country is one integral unit
beside the fact that it consists of different states for the convenience of
administration.

The phrases 'Union of India’ and ‘Territory of India’ has to be differentiated.

The Union of India includes only the States enjoying the Status of being
members of the federal system and sharing the powers with the Union.

The territory of India includes not only the States but also the Union Territories
and such other territories as may be acquired by India in future. First Schedule
of the Constitution has specified states and the Territories both.3

This provision deals with two things:

 Name of the country

 Type of polity

The ‘Territory of India’ is a broader expression than the ‘Union of India’

because the latter includes only states while formal includes not merely the
states but also union territories and territories that may be acquired by the
government of India at any future time.
For example, India acquired several foreign territories such as Dadra and Nagar
Haveli, Goa, Daman and Diu, Poducherry and Sikkim since the commencement
of the Constitutions.

ARTICLE 2:

Admission or establishment of the new States-

‘Parliament may by law admit into the Union, or establish, new States on such
terms and conditions as it thinks fit.’

It grants two power of the parliament –

(a) The power to admit into the Union of India new States
(b) The power to establish new States.

Article 2, relates to the admission or establishment of states that are not part
of the Union of India.

Parliament can establish a new state by passing a law.

For example, the admission of the state of Sikkim by the 35th (1974) and 36th
(1975) constitutional amendment.

Article 2 confers full discretion on the parliament as to what terms shall be

imposed on the new state so admit to the Union.

ARTICLE 3:

Formation of the new States and alteration of areas, boundaries or names of

existing States –

Parliament may by law -

(a) Form a new State by separation of territory from ant State or by

uniting two or more States or parts of States or by uniting any
territory to a part of any State;
(b) Increase the area of any State;
(c) Diminish the area of any State;
(d) Alter the boundaries of any State;
 (e) Alter the name of State

It states that the Parliament may by law form a new State by separation of a
territory from any State or by uniting two or more States completely or in parts
or by uniting any territory to a part of any State. It deals with the following:

Formation of new States

Alteration of areas of States

Boundaries or names of existing States

Thus Parliament can increase or diminish the area of any State or can alter the
boundaries or names of any State. Parliament follows the following procedures
in this regard.5 Formation of a new state by separation of territory from any
state or parts of states or by uniting any territory to apart of any state.4

Either House of the Parliament, only on the recommendation of the President,

can introduce a Bill giving effect to any or all the changes stated above.5

If such a bill affects the boundary or name of a State, then the President will
refer the Bill to the concerned State Legislature before introducing it in the
Parliament for their opinion.

If the State Legislature fails to express an opinion within the given time limit
then it is deemed that it has expressed its views. Parliament is not bound to
accept or act upon the views of the State Legislature even if State has
submitted their views within the time period.6

In the case of Union Territories, it is not necessary to seek the views of

Legislatures of Union Territories before such Bill.7

For e.g., Mysore renamed to Karnataka, Uttranchal renamed to Uttrakhand,

Orissa renamed to Odisha, Uttrakhand, Jhadkhand were created out of the
territories of MP, UP, Bihar.

ARTICLE 4:

Laws made under articles 2 and 3 to provide for the amendment of the First
and the Fourth Schedules and supplemental, incidental and consequential
matters –
 1. Any law referred to in article 2 and article 3 shall contain such provisions
for the amendment of the First Schedule and the Fourth as may be
necessary to give effect to the provisions of the law and many also
contain such supplemental, incidental and consequential provisions
(including provision as to representation in Parliament and in the
Legislature or Legislatures of the State Or States affected by such law) as
Parliament may deemed necessary.
2. No such laws as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of article 368.

It says that any law referred to in article 2 or article 3 will contain such
provisions for the amendment of the 1st Schedule and the Fourth Schedule
necessary to provide effects to the provisions of law and may also contain such
supplemental, incidental, and consequential provisions, as the Parliament may
deem necessary.8

This article allows for consequential changes in the 1st Schedule i.e. names of
the States in the Union of India and Fourth Schedule i.e. a number of seats
allotted in the Rajya Sabha for each state. Constitution will not treat any such
law altering existing States or creating a new State, as the amendment.9

These can be passed without resorting to any special procedure and by simple
majority.

So, formation of the new state is not called as constitutional amendment.

CASE LAWS:

Babulal V. State of Bombay A.I.R 1960 SC 51

The court declared that the formation of the composite State of Bombay does
not contravene article 3 of the Constitution of India and hence, any of its
provision is not invalid on that ground.

In re, Berubari Case 1960

Sc ruled that, settlement of boundary dispute between india and any other
country doesn’t require constitutional amendment, it can be done by an
executive action.

The power given to parliament to reorganize States cannot be availed of by it

to cede any Indian territory to a foreign country. This point was settled by the
Supreme Court in an advisory opinion in 1960.

RC Poudyal v. UOI A.I.R 1993 SC 1804

The Supreme Court has observed in relation to Article 2 ‘ the power is limited
by the fundamental of the Indian Constitutionalism and those terms and
conditions which the parliament may deem fit to impose, cannot be
inconsistent and irreconcilable with the foundational principles of the
Constitutional schemes. This is not to say that the conditions subject to which
a new state or territory is admitted into the Union ought exactly be the same
as the govern all other States as at the time of the commencement of the
Constitution.

AP State Council of Higher Education V. UOI (2016) 6 SCC 635

The Supreme Court has held that when an existing state is bifurcated to from
two new states, there must be an equitable bifurcation of the assets and
liabilities of the statutory bodies among the two successor state as well, to
ensure welfare of the public at large residing within these territories.

Maganbhai V. UOI A.I.R 1969 SC 783

The Supreme Court stated that a constitutional amendment is necessary ina

case where de jure and de facto Indian territory is ceded to a foreign country.
But settlement of a boundary dispute between India and another country
stands on a different footing. The settlement of a boundary dispute cannot be
held to be cession of territory. This matters with the Executive.
CONCLUSION:

The part I of the constitution explains the union and territories.

‘Union of states’ includes the states which shares the power with federal. But
‘territory of states ‘ includes the states and union territories as may be
acquired by the India in future .Therefore, Union is only state but territory is
wider.

India described as Union of States though its constitution is federal and

provides dual polity i.e. state and central because of the following reasons :

1. It is indissoluble.
2. India is not form by agreements among independent unions.
3. The states can not withdraw from the union.

For creation or destruction of a state the permission from the concerned state is not
mandatory under Indian Constitution. But the bill has to referred to the concerned
state legislature for expressing its views.

Prior recommendation of the President of India is necessary for the state

creation/renaming bill. (Article 3). No such provision is mandatory under Article 2
(new states).

Article 4 says that article 2 and article 3 of Indian constitution provides for
provisions for the amendment of first and forth schedule of Indian constitution
as parliament may seem necessary.
BIBLIOGRAPHY –

1. Indian Polity by Laxmikanth

2. Indian Polity by Laxmikanth
3. Indian Constitutional Law by M. P. Jain
4. www.ruralindia.com
5. Constitution of India by D.D. Basu
6. Indian Polity by Laxmikanth
7. Constitutional Law by J.N. Pandey
8. www.indiakanoon.org
9. Indian Polity by Laxmikanth
CITIZENSHIP
INTRODUCTION:

The Indian Constitution is supreme law of India. The document lays down the
framework demarcating fundamental political code, structure, procedure,
powers and duties of government institution and sets out fundamental rights,
directive principle and the duties of citizens.

A citizen means a person owing allegiance to and entitled to the protection of

a sovereign state. Citizenship provides right such as right to vote and are also
subjected to duties or obligation. Though India is federation having two levels
of government, Centre and States there is only single citizenship which is the
Indian Citizenship, and no separate State Citizenship.

Like any other modern state, India has two kinds of people – citizens and
aliens. Citizens are full members of the Indian State and owe allegiance to it.
They enjoy all civil and political rights. Aliens, on the other side, are the citizens
of some other state and hence, do not enjoy all the civil and political rights.
They are of two categories – friendly aliens or enemy aliens. Friendly aliens are
the subjects of those countries that have cordial relations with India. Enemy
aliens, on the other side, are the subjects of that country that is at war with
India. They enjoy lesser rights than the friendly aliens, e.g, they do not enjoy
protection against arrest and detention (ARTICLE 22).
The Constitution deals with citizenship from Article 5 to 11 under Part II. The
citizenship is describe as follow-

ARTICLE 5:

Citizenship at the commencement of the Constitution –

At commencement of this Constitution every person who has his domicile in

territory of India and –

a. Who was born in the territory of India; or

b. Either of whose parents was born in the territory of India; or
c. Who has been ordinarily resident in the territory of India for not than
five years immediately preceding such commencement , shall be a
citizen of India.

A shall be a citizen of India under the constitution who has his domicile in the
territory of India at the commencement of the Constitution and either of his
parent were born in the territory of India.

According to the Citizenship Act 1955, citizenship can be acquired by five ways
birth, descent, registration, naturalisation and incorporation of territory.

By birth-

Article 5 describes, a person born in India on or after 26th Jan 1950 but before
1st July 1987 is a citizen of India by birth. A person born in India on or after 1sr
July 1987 is considered as a citizen of India only if either of his parents is a
citizen of India at the time of his birth.

By descent-
A person born outside the India on after 26th Jan 1950 but before 10th Dec
1992 is a citizen of India at the time of his birth.

A minor who is also a citizen of India by virtue of descent and is also a citizen of
any other country shall a citizen of India if he does not renounce the citizenship
or nationality of another country within six months of his attaining full age.1

By registration-

A person of Indian origin who is ordinarily resident in India for seven years
before making an application for registration.

A person of India origin who is ordinarily resident in any country or place

outside or place outside undivided India.2

By naturalization-

The Central Government may, on an application, grant a certificate of

naturalization to any person (not being an illegal migrant) if he possess the
qualification:3

that he is a citizen of India are prevented from becoming subjects or citizens of

that country by naturalization,

that he is of good character,

that he has an adequate knowledge of a language specified in the Eighth

Schedule to the Constitution.

By incorporation of territory-

If any foreign territory becomes a part of India, the Government of India

specifies the persons who among the people of the territory shall be the
citizens of india from the notified date. For example, when Poducherry became
a part of India, the Government of India issued the Citizenship (Poducherry)
Order, 1962, under the Citizenship Act, 1955.4

ARTICLE 6:
Rights of citizenship of certain persons who have migrated to India from
Pakistan.-

Notwithstanding anything in article 5, a person who has migrated to the

territory of India from the territory now included in Pakistan shall be deemed
to be a citizen of India at the commencement of this Constitutional if-

a. he or either of his parents or any of his grandparents was India as

defined in the Government of India Act, 1935 (as originally enacted);
and;
b. (i)in the case where such person has so migrated before the nineteenth
day of July, 1948, he has been ordinarily resident in the territory of India
since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth
day of July, 1948, he has been registered as a citizen of India by an officer
appointed in that behalf by the Government of the Dominion of India on an
application made by him therefor to such officer before the commencement of
this Constitution in the form and manner prescribed by the Government.

Provided that no person shall be so registered unless he has been resident in

the territory of India for at least six months immediately preceding the date of
his application.

Article 6 describes, if a person migrated from Pakistan to India before 19 July

1948 shall be considered as an Indian citizen if either of the person’s parents or
any of his grandparents were born in India as expressed in the Government of
India Act 1935 and has been living or residing since the date of migration.5

For people who migrated after 19 July 1948, they should be registration as a
citizen of India by an officer from the Government of India but for registration,
the subjected person has to be a resident in the territory of India for a
minimum of six months, preceding the date of his application.

ARTICLE 7:

Rights of citizenship of certain migrants to Pakistan-

Notwithstanding anything in article 5 and 6, a person who has after the first
day of March, 1947 migrated from the territory of India to the territory now
included in Pakistan shall not be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so
migrated to the territory now included in Pakistan, has returned to the
territory of India under a permit for resettlement or permanent return issued
by or under the authority of any law and every such person shall for the
purposes of clause (b) of article 6 be deemed to have migrated to the territory
of India after the nineteenth day of July, 1948.

Article 7 describes, a person who has after the 1st day of March 1947, migrated
from the Indian territory now emcompassing in Pakistan shall not be deemed
to be a citizen of India.

This article shall apply to a person who after having migrated to the Indian
territory now included in Pakistan has returned to the Indian territory under a
permit for resettlement or returning permanently issued by the authority of
any law and every such person shall for the purpose of clause (b) of article 6 be
deemed to have migrated to the territory of India after the 19th July 1948.6

ARTICLE 8:

Rights of citizenship of certain persons of Indian origin residing outside India-

Notwithstanding anything in article 5, any person who or either of whose the
parents or any of whose grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted), and who is ordinarily
residing in any country outside India as so defined shall be deemed to be a
citizen of India if he has been registered as a citizen of India by the diplomatic
or consular representative of India in the country where he is for the time
being residing on an application made by him therefor to such diplomatic or
consular representative, whether before or after the commencement of this
Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.

It describes any person who or either of whose parents or grandparents were

born in India as stated in the Government of India Act 1955 and who is residing
ordinarily in any country outside India shall be considered to be a citizen of
India.

The government of India Act 1955 provides for grant of dual citizenship to the
persons of Indian origin (PIOs) belonging to certain specified country. The
citizenship act 2003, made provision for acquisition of Overseas Citizenship of
India (OCI) by the PIOs of 16 specified countries other than Pakistan and
Bangladesh. It also omitted all provisions recognizing, or relating to the
Commonwealth Citizenship from the Principal Act.7

Again, the Citizenship (Amendment) Act 2015, has modified the provisions
pertaining to the OCI in the Principal Act. It has introduced a new scheme
called “ Overseas Citizen of India Cardholder” by merging the PIO card scheme
and the OCI card scheme.

The Citizenship Act 2015, replaced the nomenclature of “ Overseas Citizen of

India” with that of “ Overseas Citizen of India Cardholder” and made the
following provisions in the Principal Act :

a. Registration of Overseas Citizen of India Cardholder

b. Conferment of Rights on Overseas Citizens of India Character
c. Renunciation of Overseas Citizens of India Card
d. Cancellation of Registration as Overseas Citizen of India Cardholder

ARTICLE 9:

Persons voluntarily acquiring citizenship of a foreign State not to be citizens –

No parson shall be a citizen of India by virtue of article 5, or be deemed to be a

citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired
the citizenship of any foreign State.

According to article 9, no person shall be a citizen of India or be deemed to be

a citizen of India, if he has voluntarily acquired the citizenship of any foreign
state.

The Citizenship Act 1955, prescribe three ways of losing citizenship whether
acquired under the Act or prior to it under the Constitution i.e

a. By Renunciation
 b. By Termination
c. By Deprivation

By Renunciation -

Any citizen of India of full age and capacity can make a declaration renouncing
his citizenship. Upon the registration of that declaration, that person ceases to
be a citizen of India. However, if such a declaration is made during a war in
which India is engaged, its registration shall be withheld by the Central
Government.8

By Termination –

When an Indian citizen voluntarily (consciously, knowingly and without duress,

undue influence or compulsion) acquires the citizenship if another country, his
Indian citizenship automatically terminates. This provision, however, does not
apply during a war in which India is engaged.10

By Deprivation –

It is a compulsory termination of Indian citizenship by the Central government,

if:

a. The citizen has obtained the citizenship by fraud;

b. The citizen has shown disloyalty to the Constitution of India;
c. The citizen has unlawfully traded or communicated with the enemy
during a war;
d. The citizen has, within five years after registration or naturalization,
been imprisoned in any country foe two years; a
e. The citizen has been ordinarily resident out of India for seven years
continuously.11

ARTICLE 10:

Continuance of the rights if citizenship –

Every person who is or is deemed to be a citizen of India under any of the

foregoing provisions of this Part shall, subject to the provisions of any law that
may be made by Parliament, continue to be such citizen.
This article says that anybody meeting the definition of a citizen under Part II
of the Constitution will become or will continue to be a citizen unless
Parliament makes a law that removes the person’s citizenship.

ARTICLE 11:

Parliament to regulate the right of citizenship by law –

Nothing in the foregoing provisions of this Part shall derogate from the power
of Parliament to make any provision with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship.

This article says Parliament may make any laws regarding who is not a citizen
and why or how, without limitation by the Constitution.

It is an act to provide for the acquisition and termination of Indian citizenship.

Article 11 is most important article by which empowers Indian parliament to

envisage future act or law related to citizenship. It means under article 11
Parliament can make acts for acquiring and termination of citizenship after 26th
Jan 1950.
CASE LAWS:

Dr. Pradip Jain V. UOI 1984

The enter country is taken as one nation with one citizenship and every effort
of the Constitution makers is directed towards emphasizing, maintaining and
preserving the unity and integrity of the nation. Now if India is one nation and
there is only one citizenship, namely, citizenship of India, and every citizen has
a right to move freely throughout the territory of India and to reside and
settle in any part of India, irrespective of the place where he is born or the
language which he speaks or the religion which he professes and he is
guaranteed freedom of trade, commerce and intercourse throughout the
territory of India and is entitled to equality before the law and equal
protection of the law with other citizens in every part of the territory of India,
it is difficult to see how a citizen having his permanent home in Tamil Nadu or
speaking Tamil language can be regarded as an outsider in Uttar Pradesh or a
citizen having his permanent home in Maharashtra or speaking Marathi
language be regarded as an outsider in Karnataka. He must be held entitled to
the same rights as a citizen having his permanent home in Uttar Pradesh or
Karnataka, as the case may be. To regard him as an outsider would be to deny
him his constitutional rights and to derecognise the essential unity and
integrity of the country by treating it as if it were a mere conglomeration of
independent States.

Article 15, clauses (1) and (2) bar discrimination on grounds not only of
religion, race, caste or sex but also of place of birth. Art. 16(2) goes further and
provides that no citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them be ineligible for discriminated
against in respect of, any employment or office under the state. Therefore, it
would appear that residential requirement would be unconstitutional as a
condition of eligibility for employment or appointment to an office under the
State which also covers an office under any local or other authority within the
State or any corporation, such as, a public sector corporation which is an
instrumentality or agency of the State.

HARI SHANKAR JAIN V. SONIA GANDHI (2001) A.I.R SC 3689:

Supreme Court held that the citizenship act does not have any provision
providing for cancellation of a certificate of registration issued under section 5.
The question whether he is a citizen of India and hence qualified for, or
disqualified from contesting an election can be raised before and tried by the
High Court hearing an election petition. In spite of a certificate of registration
under section 5(1)(c) of the Citizenship Act 1955 having been granted to a
person and in spite of his having been enrolled in the voter’s list.

IZHAR AHMED KHAN V. UOI A.I.R 1962 SC 1052:

There is no automatic loss of Indian citizenship by acquisition of a foreign

passport. Whether a person has lost his Indian citizenship or not is to be
decided by the Central Government and it is only after such a decision that he
can be dealt with as a foreigner.

HAMDARD DAWAKHANA V. UOI A.I.R 1963 SC 1811:

The Supreme Court, without specifically deciding this question, entertained a

writ petition from companies and corporation under Article 32 claiming
Fundamental Rights under Article 19(1)(g). the question was left open whether
an Indian company could have the rights of a citizen under Article 19. But the
Supreme Court gave a definitive opinion on this point in STATE TRADING
CORPORATION V. COMMERCIAL TAX OFFICER. The question was whether the
State Trading Corporation could claim the benefit of Article 19(1)(g), viz right to
carry on any trade or business.
CONCLUSION:

The part II of Indian constitution includes articles 5 to articles 11 which tells

about the citizenship of India. The president of India is considered to be the
first citizen of India.

The problem of citizenship was as follows:

1. The people who were born and living in the territory enclosed in Pakistan and
migrated to India were to be provided Indian Citizenship.
2. The people who migrated to Pakistan but were born in India were to be
excluded and debarred from Indian Citizenship.

3. People who migrated to Pakistan in 1947 but returned back to live in the
Indian territory permanently had to be provided Citizenship.
4. People who were living abroad but were born in India had to be provided with
Indian citizenship.

The term citizenship refers to the enjoyment of full membership of any

community or state in which a citizen; enjoys civil and political rights.

India provides single citizenship for all Indians i.e. citizenship of India . It means
every citizen enjoys the same citizenship rights irrespective of his/her birth or
residence within the territory of India. India does not provide state citizenship.
BIBLIOGRAPHY:

1. Indian Polity by Laxmikanth

2. Indian Polity by Laxmikanth
3. Indian Constitutional Law by M. P. Jain
4. Indian Polity by Laxmikanth
5. Constitution of India by D. D. Basu
6. Indian Polity by Laxmikanth
7. Constitutional Law by J.N. Pandey
8. www.indiankanoon.org
9. Indian Polity by Laxmikanth
10. Indian Polity by Laxmikanth
11.Indian Polity by Laxmikanth