INDIAN POLITY
Part – 1 – Article 1 to 4
Union and its Territories
• Article – 1 describes India that is,
Bharat as a “Union of states” rather
than a “Federation of State”. This
provision deals with two things :- one,
name of the country, and two, type of
polity.
• According to Article – 1, the territory of
India can be classified into three
categories :-
(1) Territories of the States
(2) Union Territories
(3) Territories that may be acquired by the
Government of India at any time
• Article – 2, empowers the Parliament
to “admit into the union of India, or
establish, new states on such terms
and conditions as it thinks fit.
• Thus, Article – 2, grants two powers to
the Parliament:-
(1) The power to admit into the Union of
India new states
(2) The power to establish new states.
• The first refers to the admission of
states which are already in existence,
while the second refers to the
establishment of states which were not
in existence before.
• Notably, Article 2 relates to the
admission or establishment of new
states that are not part of the Union of
India.
• Article – 3, relates to the formation of
or changes in the existing states of the
Union Of India. In other words, it deals
with the internal re-adjustment inter se
of the territories of the constituent
states of the Union of India.
• Article – 3, authorises the Parliament
to:
(1) 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;
(2) Increase the area of any state:
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(3) Diminish the area of any state:
(4) Alter the boundaries of any state:
(5) Alter the name of any state.
• Parliament can redrawn the political
map of India according to its will.
Hence, the territorial integrity or
continued existence of any state is not
guaranteed by the Constitution.
• Therefore, India is rightly described as
“indestructible union of destructive
states”.
• Article – 3, lays down two condition
• Prior recommendation of President
• Refer to state legislature concerned for
expressing its views within a specified
period.
• Article -4, itself declares that laws
made for admission or establishment of
new states (under Article 2) and
formation of new states and alteration
of areas, boundaries or names of
existing states (under Articles 3)are not
to be considered as amendments of the
constitution under articles 368. This
means that such laws can be passed by
a simple majority and by the ordinary
legislative process.
• The decision of the Central
Government to cede part of a
territory know as Berubari Union
(West Bengal), 1960 to Pakistan?
• Does the power of Parliament to
diminish the areas of a state (under
Article 3) include also the power to cede
Indian territory to a foreign country?
No
Hence, 9th Constitutional Amendment Act
But the settlement of boundary dispute doesn't
need C.A
 INDIAN POLITY

100th Constitutional Amendment Act-2015, commissioner appointed by the President of

exchange of enclaves between Indian & India. The Part C states were:
Bangladesh. (India transfer 111 enclaves to • Ajmer (formerly Ajmer-Merwara
Bangladesh, while Bangladesh transfer 51 Province),
enclaves to India) • Bhopal (formerly Bhopal Princely
State),
Part A states, which were the former • Bilaspur (formerly Bilaspur Princely
governors' provinces of British India, were State),
ruled by an elected governor and state • Coorg State (formerly Coorg Province),
legislature. The nine Part A states were: • Delhi,
• Assam (formerly Assam Province), • Himachal Pradesh,
• Bihar (formerly Bihar Province), • Kutch (formerly Cutch Princely State),
• Bombay (formerly Bombay Province), • Manipur (formerly Manipur Princely
• East Punjab (formerly Punjab State),
Province), • Tripura (formerly Tripura Princely
• Madhya Pradesh (formerly the Central State)
Provinces and Berar), Part D state was the Andaman and Nicobar
• Madras (formerly Madras Province), Islands, which were administered by a
• Orissa (formerly Orissa Province), lieutenant governor appointed by the union
• Uttar Pradesh (formerly the United government.
Provinces), and
• West Bengal (formerly Bengal • DHAR COMMISSION 1948 (Chaired
Province). by S.K. Dhar)
Part B states were former princely states or • JVP COMMITTEE, 1949 (NEHRU,
groups of princely states. The Part B states PATEL, P. SITARAMAYA)
were:
• Hyderabad (formerly Hyderabad
Princely State), • PROLONGED POPULAR AGITATION
• Jammu and Kashmir (formerly Jammu AND DEATH OF POTTI SRIRAMULU
and Kashmir Princely State), (CONGRESS LEADER, ANDRA
• Madhya Bharat (formerly Central India PRADESH)
Agency),
• Mysore (formerly Mysore Princely
State), • OCTOBER 1953 , ANDRA PRADESH
• Patiala and East Punjab States Union (First Linguistic State)
(PEPSU),
• Rajasthan (formerly Rajputana
Agency),
• Saurashtra (formerly Baroda, Western FAZL ALI COMMISSION (1953-1955)
India and Gujarat States Agency), and (FAZL ALI, PANNIKAR, H.N KUZRL)
• Travancore–Cochin (formerly
Travancore Princely State and Cochin
Princely State). • LINGUISTIC & CULTURAL
• Vindhya Pradesh (formerly Central HOMOGENEITY
India Agency). • FINANCIAL, ECONOMIC &
Part C states included both the former chief ADMINISTRATIVE CONSIDERATION
commissioners' provinces and some princely • ABOLITION OF 4-FOLD
states, and each was governed by a chief CLASSIFICATION

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• States Reorganisation Act-1956, 7th
Constitutional Amendment Act-1956,
• Jammu & kashmir Reorganisation Act-
2019,
(UT – Jammu & kashmir, Ladakh) (28 States
& 9 Uts)
“Union of India” and “Territory of India”
• Union of India :-Stands for the states
that share federal powers with the
Union Governments.
• Territory of India :- It include not only
the states but all other units like the
Union Territories also.
• Union :- Political Word ; Territory :-
Geographical Word
• In other words, the territory of India
includes a larger area as compared to
the union of India. i.e. the territory of
India covers the entire territory over
which Indian sovereignty is exercised
while Union of India covers only the
federal system.
PART – II – CITIZENSHIP
(ARTICLES – 5 TO 11)
• Like any other modern state, India has
two kinds of people – Citizens &
Aliens.
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INDIAN POLITY
• Citizens are full members of the Indian
state and owe allegiance to it. They
enjoy all civil & political rights.
• Aliens, on the other hand, are the
citizens of some other state and hence,
do not enjoy all the civil & political
rights.
• They are of two categories :- Friendly
Aliens & Enemy Aliens.
• Fundamental rights available only to
citizens and not to Aliens :- Article
15,16,19,29,30
• However Enemy Aliens they do not
enjoy protection against arrest and
detention (Article 22).
• Constitutional Provisions :-
Citizenship from Article 5 to 11, under
Part – II
• It only identifies the persons who
became citizens of India at its
commencement (i.e. on January 26,
1950)
• Neither any permanent nor any
elaborate provisions.
• It does not deal with the problem of
acquisition or loss of citizenship
subsequent to its commencement.
• Empowers the Parliament to enact a
law on matter relating to citizenship.
• Citizenship Act -1955 tells :- Acquisition
& Loss of Citizenship
Article :- 5
A person who has his domicile in India and
also fulfilled any one of the three conditions
(a) who was born in India; or
(b) either of whose parents was born in India;
or
(c) who has been ordinarily resident in India for
five years immediately before the
commencement of the constitution, became a
citizen of India
Article :- 6
A person who migrated to India from Pakistan;
if he or either of his parents or any of his
grandparents was born in undivided India and
also fulfil any of two conditions;

(a) He migrated to India before July 19,
1948, he had been ordinarily resident in
India since date of his migration
(b) He migrated to India after July 19,
1948, he had been ordinarily resident in
India since the date of his migration
(residence for 6 months before
registration).
(July 19, 1948 :- From this date permit system
started to travel between India & Pakistan)
• The partition involved the division of
two provinces
• Bengal and Punjab based on district-
wide non-muslim or Muslim majorities.
• The partition also saw the division of the
British Indian Army, the Royal Indian
Navy and Indian Civil Services, The
Railways and central treasury.
• The partition was outlined in the Indian
Independence Act-1947 and resulted in
the dissolution of the British Raj or
Crown Rule in India.
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INDIAN POLITY
Article :- 7
A person who migrated to Pakistan from India
after March 1, 1947, but later returned to India
for resettlement could become an Indian
citizen. For this, he had to be resident in India
for six months preceding the date of his
application for registration.
Article :- 8
A person who, or any of whose parents or
grandparents, was born undivided India but
who is ordinarily residing outside India shall
become an Indian citizen if he has been
registered as a citizen of India by the
diplomatic or consular representative of India
in the country of his residence, whether before
or after the commencement of the
Constitution. Thus, this provision covers the
overseas Indians who may want to acquire
Indian citizenship.
Note :-
Article :- 5 :- persons domiciled in India
Article :- 6 :- persons migrated from Pakistan
Article :- 7 :- persons migrated to Pakistan but
later returned
Article :- 8 :- persons of India origin, residing
outside India.
Article :- 9 :- No person shall be a citizen of
India or be deemed to be a citizen of India, if
he has voluntarily Bacquired the citizenship of
any foreign state.
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 the power
to make any provision with respect to the
acquisition and termination of citizenship and
all other matters relating to citizenship.
Citizenship Act – 1955 (It provides for
acquisition & loss of citizenship after
commencement of the Constitution)
Acquisition
• Birth
• Desecent

• Registration
• Incorporation
• Naturalisation
Loss
• Renunciation
• Termination
• Deprivation
Citizenship Amendment Act-
1986,1992,2003,
2005,2016,2019
Acquisition of Citizenship
• The Citizenship Act – 1955 prescribe
five ways of acquiring citizenship, viz,
birth, descent, registration,
naturalisation and incorporation of
territory.
(1) By Birth :-
• A person born in India on or after
January 26, 1950 but before July 1,
1987 is a citizen of India by birth
irrespective of the nationality of his
parents.
• A person born in India on or after July
1, 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.
(Amendment 1986)
• Further, those born in India on or after
December 3, 2004 are considered
citizens of India only if both of their
parents are citizens of India or one of
whose parents is a citizen of India and
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INDIAN POLITY
the other is not an illegal migrant at the
time of their birth. (Amendment 2003)
• The children of foreign diplomats
posted in India and enemy aliens
cannot acquire Indian citizenship by
birth.
(2) By Descent :-
• A person born outside India on or after
January 26, 1950 but before December
10, 1992 is a citizen of India by descent,
if his father was a citizen of India at the
time of his birth.
• A person born outside India on or after
December 10, 1992 is considered as a
citizen of India if either of his parents is
a citizen of India if either of his parents
is a citizen of India at the time of his
birth.
• December 3, 2004 onwards, a person
born outside India shall not be a 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, after the expiry of the
said period.
(3) By Registration :-
• On an application, register as a citizen
of India any person (not being an illegal
migrant) if he belongs.
(a) Ordinarily resident in India for seven
years.
(b) Person who is married to a citizen of
India and is ordinarily resident in India
for seven years.
(c) Registered as an overseas citizen of
India cardholder for five years, and who
is ordinarily resident in India for twelve
months before making an application
for registration.
(4) By Incorporation of Territory :-
• For example, when Pondicherry
became a part of India.

(5) By Naturalisation :-
• On an application, grant a certificate of
naturalisation to any person (not being
an illegal migrant) if he:-
(a) Not a subject or citizen of any
country where citizens of India are
prevented from becoming
subjects or citizens.
(b) He undertakes to renounce the
citizenship of origin country in the
event of his application for Indian
citizenship being accepted.
(c) Resided in India or been in the
service of a Government in India.
(d) He is of good character.
(e) Adequate knowledge of a
language specified in the Eight
Schedule.
Loss of citizenship
(1) By Renunciation:-
• Any citizen of India of full age and
capacity can make a declaration
renouncing his Indian citizenship.
• If such a declaration is made during a
war in which India is engaged, its
registration shall be withheld by the
Central Government.
• When a person renounces his Indian
citizenship, every minor child of that
person also loses Indian citizenship.
However, when such a child attains the
age of eighteen, he may resume Indian
citizenship.
(2) By Termination
• When an Indian citizen voluntarily
(consciously, knowingly and without
duress, undue influence or compulsion)
acquires the citizenship of another
country, his Indian citizenship
automatically terminates. This
provision, however, does not apply
during a war in which India is engaged.
(3) By Deprivation :-
• It is compulsory termination of Indian
citizenship by the central government, if
(a)The citizen has obtained the
citizenship by fraud.
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INDIAN POLITY
(b)The citizen has shown disloyalty to
the constitution of India.
(c)The citizen has unlawfully traded or
communicated with enemy during war.
(d)The citizen has, within five year after
registration or naturalisation, been
imprisoned in any country for two years:
(e)The citizen has been ordinarily
resident out of India for seven years
continuously.
OVERSEAS CITIZENSHIP OF INDIA
• In September 2000, GOI (Ministry of
External Affairs) had set-up a High
Level Committee on the Indian
Diaspora under the Chairmanship of
L.M Singhvi.
• It recommended the amendment of the
Citizenship Act (1955) to provide for
grant of dual citizenship to the Persons
of Indian Origin (PIOs) belonging to
certain specified countries.
• Citizenship Amendment Act-2005,
expanded the scope of grant of OCI for
PIOs of all countries except Pakistan
and Bangladesh as long as their home
countries all dual citizenship under their
local laws (OCI is not actually a dual
citizenships as the Indian Constitution
forbids dual citizenship or dual
nationality (Article:- 9)
• OCI card scheme was introduced in
December 2. 2005.
• The Citizenship Amendment Act-2015,
replaced the nomenclature of
“Overseas Citizen of India” with that of
“Overseas Citizen of Indian
Cardholder” (OCIC)
 INDIAN POLITY

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