Indian Polity - The Union And Its Territory: Part I (Articles 1- 4)
The Union and its Territory
(Articles 1 to 4) under (Part I) of the Constitution deal with the Union and its territory.
Article 1 deal with the 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 Schedule.
(3) The territory of India shall comprise—
the territories of the States;
the Union territories specified in the First Schedule; and
such other territories as may be acquired
Article 1 stipulates that “India, i.e., Bharat, shall be a Union of States“.
Very important – Please note: the country is described as ‘Union’ although its Constitution
is federal in structure.
When asked why the country is described as ‘Union’, not federation?
Dr. B R Ambedkar replied – “the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:
one, the Indian Federation is not the result of an agreement among the states like the American Federation; and
two, the states have no right to secede from the federation. The federation is a union because it is indestructible.
The country is an integral whole and divided into different states only for the convenience of administration.
Please Note:
As of today there are 28 states and 8 Union territories in the country. (J&K and Ladakh – new UTs)
The provisions of the Constitution pertaining to the states are applicable to all the states in the same manner.
1st Schedule contains the names of the States and UTs.
5th and 6th Schedule of the Constitution contains separate provisions with respect to the administration of scheduled areas and tribal areas within the states.
States share distribution of powers with the Centre.
The union territories and the acquired territories are directly administered by the Central government. (except Delhi and Puducherry)
Do you know? ‘Territory of India’ is a wider expression than the ‘Union of India’
Because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.
Article 2: Admission or establishment of new States.
Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Article 2 grants two powers to the Parliament:
the power to admit into the Union of India new states; and
the power to establish new states.
Please note:
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: Formation of 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 any 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 any State.
Article 3 notably relates to the formation of or changes in the existing states of the Union of India.
However, Article 3 lays down two conditions in this regard:
One, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and
Two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time.
Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
In the case of a 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.
Crux: Constitution authorizes the Parliament to form new states or alter the areas, boundaries, or names of the existing states ‘without their consent’. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’.
Article 4: declares that laws made under Article 2 and 3 are not to be considered as amendments of the Constitution under Article 368.
Article 4 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 Article 368.
This means that such laws can be passed by a simple majority and by the ordinary legislative process.
Please Note:
Indian Territory can be ceded to a foreign state only by amending the Constitution under Article 368.
However, the Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian Territory to a foreign country.
So only when there is the involvement of cession of Indian Territory to a foreign country, the amendment is needed.
EVOLUTION OF STATES AND UNION TERRITORIES
Integration of Princely States
We have read earlier that the Indian Independence Act (1947) gave three options to the princely states –
joining India,
joining Pakistan or
remaining independent
Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh, and Kashmir) refused to join India.
However, in course of time –
Hyderabad state was integrated through Police action.
Junagarh was integrated through the referendum.
Kashmir was integrated through an Instrument of Accession.
Some important points:
After independence, there were demands from different regions, particularly South India, for the reorganization of states on a linguistic basis.
The government of India appointed S K Dhar Committee to examine the feasibility of the reorganization of states on a linguistic basis.
Dhar Committee recommended the reorganization of states on the basis of administrative convenience rather than linguistic factors.
This created much resentment and led to the appointment of another committee – JVP Committee – consisted of Jawaharlal Nehru, Vallahbhai Patel, and Pattabhi Sitaramayya
JVP committee’s report formally rejected language as the basis for the reorganization of states.
However, the death of Potti Sriramulu, a Congressperson of standing, after a 56-day hunger strike for the cause of the creation of separate Andhra state on a linguistic basis — forced the Government of India to create the first linguistic state, known as Andhra state
The creation of Andhra state intensified the demand from other regions for the creation of states on a linguistic basis. This forced the Government of India to appoint Fazl Ali Commission to re-examine the whole question.
Faiz Ali’s report broadly accepted language as the basis of the reorganization of states. But, it rejected the theory of ‘one language–one state’. Its view was that the unity of India should be regarded as the primary consideration in any redrawing of the country’s political units.
Four major factors should be taken into account in any scheme of reorganization of states:
Preservation and strengthening of the unity and security of the country.
Linguistic and cultural homogeneity.
Financial, economic, and administrative considerations.
Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.
Indian Polity - Citizenship Of India – Part II : (Articles 5-11)
Citizenship Of India
(Articles 5 to 11) – (Part II) of the Constitution – deals with the provisions of Citizenship. The term citizenship entails the enjoyment of full membership of any State in which a citizen has civil and political rights.
The Constitution confers the following rights and privileges on the citizens of India (and denies the same to aliens):
Right against discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15).
Right to equality of opportunity in the matter of public employment (Article 16).
Right to freedom of speech and expression, assembly, association, movement, residence, and profession (Article 19).
Cultural and educational rights (Articles 29 and 30).
Right to vote in elections to the Lok Sabha and state legislative assembly.
The right to contest for the membership of the Parliament and the state legislature.
Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, governor of states, the attorney general of India and advocate general of states.
(In India both citizens by birth as well as a naturalized citizen are eligible for the office of President.)
Along with the above rights, the citizens also owe certain duties towards the Indian State, as for example, paying taxes, respecting the national flag and national anthem, defending the country, and so on.
Some important facts:
The Constitution deals with citizenship from Articles 5 to 11.
However, it only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950).
It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement.
It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. Accordingly, the Parliament has enacted the Citizenship Act.
Therefore we should know about (Articles 5 to 11) and (Citizenship Act)
According to the Constitution, the following four categories of persons became the citizens of India at its commencement i.e., on 26 January 1950:
ARTICLE 5 : CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION
1. (Article 5): A person who had his domicile in India and also fulfilled any one of the three conditions, viz.,
if he was born in India; or
if either of his parents was born in India; or
if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution became a citizen of India
Articles 6 and 7 deal with two categories of persons, namely, those who were residents in India but had migrated to Pakistan and those who were residents in Pakistan but had migrated to India. Those who migrated from Pakistan to India were divided into two categories:
those who came before July 19, 1948, and
those who came after that date.
ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED TO INDIA FROM PAKISTAN
2. (Article 6): A person who migrated to India from Pakistan became an Indian citizen if he or either of his parents or any of his grandparents was born in undivided India and also fulfilled any one of the two conditions viz., in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration; or in case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India. But, a person could be so registered only if he had been resident in India for six months preceding the date of his application for registration.
ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN
3. (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: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN RESIDING OUTSIDE INDIA
4. (Article 8): A person who, or any of whose parents or grandparents, was born in 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.
To sum up, these provisions deal with the citizenship of –
(a) Persons domiciled in India;
(b) Persons migrated from Pakistan;
(c) Persons migrated to Pakistan but later returned; and
(d) Persons of Indian origin residing outside India.
ARTICLE 9: PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP OF A FOREIGN STATE NOT TO BE CITIZENS
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 (Article 9).
ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIP
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 10).
ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAW
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 (Article 11).
The Citizenship Act, 1955
A comprehensive law dealing with citizens was passed by Parliament in 1955 in accordance with the powers vested in it by Article 11 of the Constitution.
The provisions of the Act may be broadly divided into three parts, acquisition of citizenship, termination of citizenship, and supplemental provisions.
Acquisition of Citizenship
The Act provides five modes of acquiring the citizenship of India. These are:
Citizenship by birth
Citizenship by descent
Citizenship by registration
Citizenship by naturalization
By incorporation of territory (by the Government of India)
(1) By Birth:
Every person born in India on or after January 26, 1950, but before June 30, 1987, shall be a citizen of India by birth.
A person is a citizen of India by birth if he/she 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 Indian citizenship by birth.
(2) By Descent:
A person born outside India on or after January 26, 1950, shall be a citizen of India by descent if his father or mother is a citizen of India at the time of his birth.
Children of those who are citizens of India by descent, as also children of noncitizens who are in service under a government in India, may also take advantage of this provision and become Indian citizens by descent, if they so desire, through registration.
(3) By Registration:
Any person who is not already an Indian citizen by virtue of the provisions of the Constitution or those of this Act can acquire citizenship by registration
if that person belongs to any one of the following five categories :
Persons of Indian origin who are ordinarily resident in India and who have been so resident for at least six months immediately before making an application for registration.
Persons of Indian origin who are ordinarily resident in any country or place outside undivided India;
Women who are, or have been, married to citizens of India;
Minor children of persons who are citizens of India; and
Persons of full age and capacity who are citizens of the Commonwealth countries or the Republic of Ireland.
(4) By Naturalisation:
Any person who does not come under any of the categories mentioned above can acquire Indian citizenship by naturalisation if his application for the same has been accepted by the Government of India and certificate is granted to him to that effect.
An applicant for a naturalisation certificate has to satisfy the following conditions:
He is not a citizen of a country which prohibits Indians from becoming citizens of that country by naturalization;
He has renounced the citizenship of the country to which he belonged;
He has either resided in India or has been in the service of a government in India, normally, for one year immediately prior to the date of application;
During the seven years preceding the above mentioned one year, he has resided in India or been in the service of a government in India for a period amounting in the aggregate to not less than four years;
He is of good character;
He has adequate knowledge of a language specified in the Constitution;
If granted a certificate, he intends to reside in India or enter into, or continue in service under a government in India.
The Act provides, however, for a conspicuous exemption under which any or all of the above conditions may be waived in favor of a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally.
Every person to whom a certificate of naturalization is granted has to take an oath of allegiance solemnly affirming that he will bear true faith and allegiance to the Constitution of India as by law established and that he will faithfully observe the laws of India and fulfill his duties as a citizen of India.
(5) By Incorporation of Territory:
If any territory becomes part of India, the Government of India, by order, may specify the persons who shall be citizens of India by reason of their connection with that territory.
Termination of Citizenship
The Act envisages three situations under which a citizen of India may lose his Indian nationality. These are:
(1) By Renunciation:
If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen of registration of such declaration.
When a male person ceases to be a citizen of India, every minor child of his also ceases to be a citizen of India. However, such a child may within one year after attaining full age, becomes an Indian citizen by making a declaration.
