Unit 1

Union and its Territory (Art 1-4)

1. Article 1: Name and territory of the Union:
 Article 1 declares that India shall be a Union of States. It also
mentions that the territory of India shall consist of:
 The territories of the states
 The Union territories specified in the First Schedule
 Such other territories as may be acquired
2. Article 2: Admission or establishment of new States:
 Article 2 empowers the Parliament to admit new states into
the Union or establish new states on such terms and
conditions as it deems fit. This includes the formation of new
states by the reorganization of existing states or by merging
two or more states or parts of states.
3. Article 3: Formation of new States and alteration of areas,
boundaries, or names of existing States:
 Article 3 gives the Parliament the authority to:
 Form a new state by separating territory from any state
or by uniting two or more states or parts of states.
 Increase or decrease the area of any state.
 Alter the boundaries of any state.
 Alter the name of any state.
 However, before initiating such changes, the President is
required to refer the proposal to the Legislature of the
affected state(s) for expressing their views.
 4. Article 4: Laws made under Articles 2 and 3 to provide for the
amendment of the First Schedule and the Fourth Schedule:
 This article deals with the power of Parliament to make laws
amending the First Schedule and the Fourth Schedule of the
Constitution. The First Schedule contains the names of the
states and Union territories, while the Fourth Schedule
pertains to the representation of states and Union territories
in the Rajya Sabha (Council of States).
These articles provide the constitutional framework for the formation,
alteration, and admission of states and Union territories within the
Indian Union. The process of changing the boundaries or names of
states requires the involvement of the Parliament and, in some cases,
the consent of the affected states.

Preamble:
Meaning of the Preamble.
Object, Purpose and Scope of the Preamble.
Preamble how far useful in interpretation of the Constitution.
Whether Preamble can be amended under Article 368
Preamble: The Preamble to the Constitution of India is a concise
introductory statement that sets out the guiding principles and
objectives of the Constitution. It was adopted on 26th January 1950,
the day the Constitution came into effect. The Preamble reads:
"We, the people of India, having solemnly resolved to constitute India
into a Sovereign Socialist Secular Democratic Republic and to secure to
all its citizens: Justice, social, economic, and political; Liberty of thought,
expression, belief, faith, and worship; Equality of status and of
opportunity; and to promote among them all Fraternity assuring the
dignity of the individual and the unity and integrity of the Nation."
Meaning of the Preamble: The Preamble serves as the key to
understanding the underlying spirit of the Constitution. It reflects the
ideals and aspirations of the people of India and outlines the
fundamental values that the Constitution seeks to uphold.
Object, Purpose, and Scope of the Preamble:
1. Object: The Preamble outlines the primary objectives and goals
that the Constitution aims to achieve. It emphasizes justice,
liberty, equality, and fraternity as the core principles that form the
foundation of the Indian Republic.
2. Purpose: The Preamble serves as a guiding light for the
interpretation of the Constitution. It helps in understanding the
broad intent behind various provisions and acts as a reference
point for lawmakers and the judiciary.
3. Scope: While the Preamble itself is not enforceable in a court of
law, it has been referred to by the judiciary to interpret the
Constitution. It reflects the philosophy of the Constitution and
provides a lens through which the Constitution's provisions can be
understood.
Preamble's Usefulness in Interpretation: The Preamble is often used as
a tool for the interpretation of ambiguous or unclear provisions in the
Constitution. Courts have looked at the Preamble to understand the
spirit and purpose behind specific constitutional provisions. While it is
not a source of power or a substantive provision, it serves as a guide to
interpret the Constitution's various provisions in a manner that aligns
with its overarching principles.
Amendment of the Preamble: The Supreme Court has held that the
Preamble is a part of the Constitution, and any amendment to the
Constitution does not change the basic structure of the Preamble.
However, the Preamble cannot be amended under Article 368, which
provides for the amendment procedure. The power to amend the
Constitution does not extend to the power to amend the Preamble.
In the Kesavananda Bharati case (1973), the Supreme Court ruled that
while Parliament has the power to amend any part of the Constitution,
including the Preamble, it cannot amend the Preamble in a way that
destroys or alters the basic structure of the Constitution. The basic
structure doctrine limits the amending power of Parliament to prevent
any changes that would undermine the fundamental principles of the
Constitution as reflected in the Preamble.

Citizenship:
Citizenship of India at the Commencement of the Constitution.
Citizenship after the Commencement of the Constitution. (i)
Modes of Acquisition of Citizenship.
Termination of Citizenship of India.
Citizenship of India at the Commencement of the Constitution: At the
commencement of the Constitution (January 26, 1950), a person could
become a citizen of India in the following ways:
1. By Birth: A person born in India or either of whose parents was
born in India became a citizen of India.
 2. By Domicile: A person who was domiciled in the territory of India
and either born in the territory of India or whose parents were
born in the territory of India became a citizen.
3. By Descent: A person born outside India was also considered a
citizen if either of his parents was a citizen of India.
Citizenship after the Commencement of the Constitution: After the
commencement of the Constitution, a person could acquire Indian
citizenship by:
1. Birth: Similar to the provisions at the commencement of the
Constitution.
2. Descent: Persons born outside India on or after January 26, 1950,
and before December 10, 1992, were considered citizens if either
of their parents was a citizen of India.
3. Registration: Certain persons of Indian origin residing outside
India could register themselves as citizens of India.
4. Naturalization: Foreigners could acquire Indian citizenship by
naturalization if they fulfill certain qualifications and conditions.
Modes of Acquisition of Citizenship: (i) By Birth:
 Persons born in India.
 Persons born outside India if either of their parents is a citizen of
India.
(ii) By Descent:
 Persons born outside India on or after January 26, 1950, but
before December 10, 1992, if either of their parents is a citizen of
India.
(iii) By Registration:
  Persons of Indian origin who are ordinarily resident in India for
seven years can register themselves as citizens.
 Persons of Indian origin residing outside India can register if they
fulfill specific conditions.
(iv) By Naturalization:
 Foreigners can acquire Indian citizenship by naturalization if they
have resided in India for 12 years (out of 14 years preceding the
application) and fulfill other qualifications.
(v) By Incorporation of Territory:
 When a new territory is incorporated into India, the government
may specify the persons who will be citizens of India by virtue of
their connection with that territory.
Termination of Citizenship of India: Citizenship of India can be
terminated by:
1. Renunciation: A person of full age and capacity can renounce
his/her Indian citizenship.
2. Termination by the Government: The government can terminate
the citizenship of a person if obtained by fraud, false
representation, or concealment of material facts.
3. Voluntary Acquisition of Another Country's Citizenship: If a
person voluntarily acquires the citizenship of another country,
his/her Indian citizenship ceases.
It's important to note that the Citizenship Act has been amended over
the years, and the provisions mentioned above are subject to the
prevailing laws at the time of inquiry.
Judgments:
Keshvananda Bharti V. State of Kerala, AIR 1973 SC 1461
DC & G. Mills V. Union of India, AIR 1983 SC 937.
1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461:
 This landmark case is one of the most significant judgments
in the history of the Indian judiciary. The case dealt with the
validity of the 24th, 25th, 26th, 29th, and 30th Amendments
to the Constitution of India.
 The Supreme Court, in a historic decision, upheld the basic
structure doctrine, stating that while Parliament has the
power to amend the Constitution, it cannot alter its basic
structure. The basic structure includes principles such as
supremacy of the Constitution, democratic and republican
form of government, secular character of the Constitution,
separation of powers, and federal structure.
 The judgment laid down the foundation for judicial review of
constitutional amendments and established limits on the
amending power of the Parliament. The case is named after
Kesavananda Bharati, a petitioner challenging the
constitutional amendments.
2. D.C. Wadhwa & Others v. State of Bihar & Others, AIR 1987 SC
579:
 This case is commonly known as the "DC & G. Mills case."
 The Supreme Court, in this judgment, addressed issues
related to corruption and criminalization of politics. The
court highlighted the need for electoral reforms to curb the
influence of money and muscle power in politics.
 The case led to the formulation of guidelines commonly
known as the "Wadhwa Guidelines" to be followed by the
Central and State governments for the appointment of
investigating agencies and public prosecutors in criminal
cases. These guidelines aimed at ensuring fair and impartial
investigations and prosecutions.
 The court emphasized the importance of free and fair
elections as a cornerstone of democracy and called for
measures to cleanse the political system from criminal
elements.