Constitution of India
▸ The Constitution is a set of fundamental principles according to which state organisation is governed. The idea to have a Constitution was given by MN Roy.
▸ The objective of the Constitution is to evolve a certain type of political culture that is based on the values enshrined in the Constitution and guided by the institutions established under the Constitution.
▸ Certain features of Indian Polity or Constitution can be understood better with a brief review of the Constitutional set-up in the preceding periods. As modern political institutions originated and developed in India mainly during the British rule, the origin and growth of the Indian Constitution has its roots in the British period of Indian history.
The Company Rule (1773-1857)
There are certain events in the British rule that laid down the legal framework for the organisation and administration in British India. These events have greatly influenced our Constitution and polity. They are explained below in the chronological order
The Regulating Act, 1773
▸ To regulate and control the affairs of East India Company by British Government.
▸ It designated the Governor of Bengal as the Governor-General of British territories of India, who has the authority over the Presidencies of Madras, Bombay and Calcutta. The first such Governor-General was lord Warren Hastings.
▸ A Supreme Court was established in Calcutta. It prohibited the servants of the company to engage in any private trade and accept presents or bribes from natives. Sir Elijah Impey was the first Chief Justice.
Pitt’s India Act, 1784
▸ It provided for Board of Control having 6 members (2 from British Cabinet and remaining from Privy Council).
▸ Set-up to guide and supervise the affairs of the company in India.
Charter Act, 1793
▸ Salaries for the staff and members of the Board of Control to be paid from Indian revenue.
Charter Act, 1813
▸ Ended East India Company monopoly of trade and provided ` 1 lakh grant for education in India. The Company’s monopoly in trade with China and trade in tea was remained inacted.
Charter Act, 1833
▸ The centralisation of the powers began: the Governor-General of Bengal was to be the Governor- General of India. First such Governor was Lord William Bentick.
▸ All legislative, administrative and financial powers were handed over to Governor-General in council. Legislative powers were also given to Governor-General in council and Governments of residencies i.e. Bombay and Madras were deprived of their legislative powers.
▸ A fourth member in the Governor- General’s Council was added as a law member.
▸ A Law Commission under Lord Macaulay was constituted for codification of laws.
▸ The company was now no more a trading body but had become political and territorial one, acting on behalf of the British Government.
Charter Act, 1853
▸ A separate Governor for Bengal was to be appointed.
▸ Legislation was treated for the first time as a separate form of executive functions.
▸ Recruitment of the Company’s employees was to be done through competitive exams (excluding Indians).
▸ The number of members of the Court of Directors were reduced from 24 to 18 of which 6 were to be nominated by the crown.
▸ It extended the Company’s rule and allowed it to retain the possession of Indian territories for the British Crown without specifying any particular period.
▸ It introduced for the first time, local representation in the Indian (Central) Legislative Council.
The Crown Rule (1857-1947)
Government of India Act, 1858
▸ The power was transferred from the company to the British Crown.
▸ Court of Directors and Board of Control was abolished. The post of Secretary of State was established. A 15 members council was established to assist. Secretary of State was Member of British Cabinet and answerable to British Parliament.
▸ The Governor-General was made the Viceroy of India. Lord Canning became the first Viceroy of India.
▸ Ended dual system of government.
▸ Unitary, rigid and centralised administrative structure was created.
Indian Councils Act, 1861
▸ A fifth member from legal background, was added to the Viceroy’s Executive Council. The Viceroy could now also nominate some Indians as non-official members in his council. In 1862, three Indians were nominated to the council.
▸ It made a beginning of representative institutions by associating Indians with the law making process.
▸ The Executive Council was now to be called the Central Legislative Council.
▸ Portfolio System, which was introduced by Lord Canning in 1859, was given recognition, so that work could be distributed among the members. The Viceroy was given the powers to issue ordinances.
Indian Councils Act, 1892
▸ Though it was insignificant, but it brought an element of representation for the first time by allowing discussion of budget. This act also introduced the element of election in India.
▸ Although, the majority of the official members were retained, the non-official members were to be nominated by the Bengal Chamber of Commerce and Provincial Legislative Councils.
Indian Councils Act, 1909 (Morley Minto Reforms)
▸ Lord Morley, the then Secretary of State of India and Lord Minto, the then Viceroy of India, announced some reforms in the British Parliament.
▸ The members of the Legislative Council could ask supplementary questions, discuss bills, move resolutions on financial statements and so on.
▸ The Legislative Councils, both at the centre and in the provinces was expanded.
▸ It retained official majority in the Central Legislative Council, but allowed the Provincial Legislative Council to have non-official majority.
▸ Communal representation was introduced because Muslims were given a separate electorates and there were reservation of seats on religious grounds.
▸ Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council.
The Government of India Act, 1919 (Montagu-Chelmsford Reforms)
▸ Samuel Montagu, the Secretary of State for India and Lord Chelmsford, Viceroy of India prepared report to introduce self-governing institutions in India.
▸ It relaxed the central control over the provinces by separating the central and provincial subjects.
▸ The powers of the Secretary of State were drastically reduced.
▸ The number of members of the Indian Council was reduced. Some Executive Council’s members were to be Indians.
▸ Direct elections were introduced for the first time in the country.
▸ The Central Legislature was to have a Bicameral Legislature for the first time.
▸ Dyarchy system was introduced in the provinces. The provincial subjects of administration were to be divided into two categories: reserved and transferred. Transferred subjects were administered by the Governor with the help of ministers responsible to the Legislative Council. Reserved subjects were administered by the Governor with his Executive Council without any responsiblity towards the Legislative Council.
It was constituted in 1927 to inquire the working of the Act of 1919, under the chairmanship of John Simon. It placed its report in 1930, which was examined by the British Parliament.
Government of India Act, 1935
▸ Dyarchy was abolished in the provinces, but it was introduced at the federal level.
▸ The division of subjects was made into three lists : Federal, Provincial and Concurrent.
▸ It provided for the establishment of an All India Federation consisting of British provinces and Princely States as unit, but the federation did not come into effect because the Indian Princely States had not joined the federation.
▸ It introduced bicameralism in 6 out of 11 provinces.
▸ The Federal Legislature had two chambers: The Council of State and Federal Assembly. The Council of State was to be a permanent body with one-third of its members, retiring every 2 years.
▸ The Governor was given powers to use their discretion in certain matters. The act provided for a federal court.
▸ It further extended the principle of communal representation by providing separate electorates for depressed classes, women and labour.
▸ It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
▸ It provided for the establishment of a Federal Public Service Commission and Joint Public Service Commission for two or more provinces.
Cripps Mission, 1942
▸ Dominion status was proposed.
▸ Constitution of India to be made by an assembly, whose members were to be elected by provincial assemblies and nominated by princely states.
▸ Any provincial state not prepared to accept the Constitution could negotiate separately with Britain.
Cabinet Mission Plan, 1946
▸ According to this plan, there was to be a Union of India, consisting of both British India and the Indian states, with control over foreign affairs, defence and communication.
▸ Provinces were given the powers to legislate all subjects except foreign affairs, defence and communication.
▸ India was to be divided into three groups of provinces: Group A, Group B and Group C.
▸ The plan provided that the Union Constitution was to be framed by a Constituent Assembly, the members of which were to be elected on a communal basis by the Provincial Legislative Assemblies and the representatives of the states joining the union.
Lord Mountbatten, the Viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and the Muslim League. Immediate effect was given to the plan by enacting the Indian Independence Act, 1947.
The Indian Independence Act, 1947
▸ It ended the British Rule in India and declared India as an independent and sovereign state from 15th August, 1947.
▸ The office of the Secretary of State was abolished. The crown no longer remained the source of authority.
▸ The act provided for the creation of two Constituent Assemblies for India and Pakistan.
▸ From 15th August, 1947, India ceased to be a dependency of the British Crown over the Indian states. The Governor- General and Provincial Governors acted as constitutional heads.
▸ The Central Legislature of India comprising of the Legislative Assembly and the Council of States, ceased to exist on 14th August, 1947 and the Constituent Assembly was to function also as the Central Legislature with complete sovereignty.
▸ The Interim Government of India, formed on 2nd September, 1946, from the newly elected Constituent Assembly of India, had the task of assisting the transfer of power from British rule to Independent India.
|Jawaharlal Nehru||External Affairs and Common Wealth Relations|
|Sardar Vallabhbhai Patel||Home, Information and Broadcasting|
|Dr Rajendra Prasad||Food and Agriculture|
|Dr John Mathai||Industries and Supplies|
|Sardar Baldev Singh||Defence|
|CH Bhabha||Works, Mines and Power|
|Liaquat Ali Khan||Finance|
|Abdur Rab Nishtar||Posts and Air|
|Asaf Ali||Railways and Transport|
|C Rajagopalachari||Education and Arts|
|I I Chundrigar||Commerce|
|Ghaznafar Ali Khan||Health|
|Joginder Nath Mandal||Law|
Making of the Constitution of India
▸ The Constituent Assembly was formed in November 1946, under the scheme formulated by Cabinet Mission Plan.
▸ The total strength of the assembly was 389, out of these, 296 were elected to represent the British India and 93 seats to the princely states. Out of 296 members, 292 members were to be elected by the provincial Legislatures while 4 members were to represent the four Chief Commissioner’s provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan. 93 seats reserved for 1princely states remained unfilled as they stayed away from the Constituent Assembly.
▸ The Constituent Assembly, held its first meeting on 9th December, 1946 and reassembled on 14th August, 1947, as the sovereign Constituent Assembly for the dominion of India.
▸ It took 2 years, 11 months and 18 days to finalise the Constitution.
▸ Objective resolution was moved in the first session of the Constituent Assembly (on 13th December, 1946) by Pandit Jawaharlal Nehru which was adopted after considerable deliberation and debate in the assembly on 22nd January, 1947.
▸ Dr Sachidanand Sinha was the first President of the Constituent Assembly, when it met on 9th December, 1946, while later Dr Rajendra Prasad and HC Mukherjee were elected as the President and Vice-President of the assembly respectively.
▸ Sir BN Rau was appointed as the constitutional advisor of the Assembly.
▸ Seats were allotted to each province and each Indian state proportional to their respective population roughly in the ratio of one to a million.
▸ The seats in each province was distributed between Muslims, Sikhs and General in proportion to their respective population.
▸ Members of each community in the Constituent Assembly were elected by members of that community in the Provincial Assemblies by voting by the method of proportional representation with single transferable vote.
▸ On 26th November, 1949, the Constitution was declared as passed. The provisions relating to citizenship, elections and provisional Parliament etc were implemented with immediate effect, i.e., from the 26th November, 1949. The rest of the provisions came into force on 26th January, 1950.
Committees of the Constituent Assembly
Constituent Assembly appointed number of committees to deal with different tasks of Constitution making. Some of them are
|Union Powers Committee||Pandit Jawaharlal Nehru|
|Union Constitution Committee||Pandit Jawaharlal Nehru|
|Provincial Constitution Committee||Sardar Patel|
|Drafting Committee||Dr BR Ambedkar|
|Advisory Committee on Fundamental Rights minorities and Tribal and Excluded Areas||Sardar Patel|
|Rules of Procedure Committee||Dr Rajendra Prasad|
|State Committees (committee for negotiating with states)||Pandit Jawaharlal Nehru|
|Steering Committee||Dr Rajendra Prasad|
The Constituent Assembly appointed a Drafting Committee on 29th August, 1947. Dr BR Ambedkar, who was the Chairman of the Drafting Committee, submitted first Draft of Constitution of India to the President of the Assembly on 21st February, 1948 and second draft in October 1948.
Enactment of the Constitution
On 26th November, 1949, Constitution was adopted, containing a Preamble and 395 Articles, 22 Parts and 8 Schedules. The Constitution has undergone 100 Amendments in the 66 years since its enactment. The Constitutions, in its current form, consists of a Preamble, 25 Parts, 465 Articles and 12 Schedules.
Enforcement of the Constitution
The Constitution came into force on 26th January, 1950, was specifically chosen as the “date of commencement” of the Constitution because on this day in 1930, the Poorna Swaraj day was celebrated [Resolution was passed in Lahore Session (1929) of INC].
Salient Features of the Constitution
The salient features of the Constitution, as it stands today, are following
Lengthiest Written Constitution
▸ The Indian Constitution is the lengthiest in the world. Originally the Constitution had 395 Articles, 8 Schedules and 22 Parts.
Blend of Rigidity and Flexibility
▸ The procedure of amendment of the Indian Constitution is partly flexible and partly rigid. Some provisions can be amended easily and some provisions can only be amended by passage in both Union Parliament and half of the State Legislatures.
▸ India has a parliamentary system of government both, at the centre and in the states. The President is the head of the Union of India and the Governors are head of the states. But they act on the advice of the Council of Ministers. They have nominal powers.
▸ There is a single, integrated and independent judiciary in India.
▸ The Supreme Court is the highest court of the land. Both Supreme Court and High Courts have been given extensive powers to interpret the Constitution and law under various provisions of the Constitution of India.
Federal Systemwith Unitary Features
▸ Our Constitution contains federal features of government like division of powers, written Constitution, independent judiciary and bicameralism but a large number of unitary features like a strong centre, single citizenship, flexibility of Constitution, integrated judiciary emergency provisions etc.
Sources of the Constitution of India
▸ The Government of India Act, 1935 formed the basis or ‘blue print’ of the Constitution of India with the features of Federal systems, Office of Governor etc. Besides, the Constitution of India has borrowed certain features from foreign Constitutions as well.
▸ British Constitution First past the Post System, Parliamentary form of Government, the idea of the rule of law, law making procedure, office of the CAG, single citizenship, Bicameralism.
▸ United States Constitution Charter of Fundamental Rights, Power of Judicial Review and Independence of Judiciary, Written Constitution, Preamble, post of Vice-President.
▸ Irish Constitution Directive Principles of State Policy (Ireland borrowed it from Spain), Methods of Election of the President, Nomination of Members in the Rajya Sabha by the President.
▸ Canadian Constitution A Quasi-Federal form of Government (a federal system with a strong Central Government). The idea of residual powers, appointment of State Governors by centre and Advisory Jurisdiction of the Supreme Court.
▸ Former USSR Fundamental Duties and Five Year Planning.
▸ Australian Constitution Concurrent List, Provision regarding Trade, Commerce and Intercourse, Languages of the Preamble, Joint sitting in the Parliament.
▸ Weimar Constitutions of Germany Suspension of Fundamental Rights during the emergency.
▸ South African Constitution Procedure of Constitutional Amendment.
▸ Constitution of France Republican of liberty, equality and fraternity.
▸ The Indian Constitution stands for a secular state i.e. all religions in our country have the same right and support from the state, it does not uphold any particular religion as the official religion of the Indian state.
Universal Adult Franchise
▸ Every Indian citizen (above 18 years) has a right to vote in the elections without any discrimination of caste, sex, religion etc.
▸ Indian Constitution has special provisions to meet any extraordinary situation or emergency. During emergency the Central Government becomes powerful and state comes under the total control of it.
▸ During emergency our federal system becomes unitary without any amendment of the Constitution.
Parts of the Constitution
There are 25 parts in our Constitution, which can be described as below
|Part-I (Articles 1-4)||Deals with territory of India, formation of new states, alterations of names and areas of existing states.|
|Part-II (Articles 5-11)||Deals with various provisions related to citizenship.|
|Part-III (Articles 12-35)||Deals with Fundamental Rights of Indian citizens.|
|Part-IV (Articles 36-51)||Deals with Directive Principles of State Policy.|
|Part-IV A (Article 51A)||Added by 42nd Amendment in 1976. Contains the Fundamental Duties of the citizens.|
|Part-V (Articles 52-151)||Deals with Government at the Union Level (Duties and Functions of Prime Minister, Minister, President, Vice-President, Attorney General, Parliament-Lok Sabha and Rajya Sabha, Comptroller and Auditor-General).|
|Part-VI (Articles 152-237)||Deals with Government at State Level (Article-152 exempts Jammu and Kashmir from the category of ordinary states.) (Duties and Functions of Chief Minister and his Ministers, Governor, State Legislature, High Court, Advocate General of the State).|
|Part-VII (Article 238)||Deals with states in part B, was repealed in 1956 by the 7th Amendment.|
|Part-VIII (Articles 239-241)||Deals with Union Territories.|
|Part-IX (Articles 243-2430) and Part-IX A (Articles 243P-243 ZG)||Part IX was added by 73rd Amendment in 1992. Contains a new schedule ‘Schedule Eleven’. It contains 29 subjects related to Panchayati Raj. Part IX A was added by 74th Amendment in 1992. Contains a new schedule ‘Schedule Twelve’ . It contains 18 subjects related to muncipalities.|
|Part- IX B (243-ZH to 243-ZT)||Deals with the Cooperative Societies.|
|Part-X (Articles 244, 244A)||Deals with Scheduled and Tribal Areas.|
|Part-XI (Articles 245-263)||Deals with relation between Union and States.|
|Part-XII (Articles 264-300A)||Deals with distribution of Revenue between Union and States, Appointment of Finance Commission (Article 280), Contracts liabilities etc.|
|Part-XIII (Articles 301-307)||Relates to Trade, Commerce and Intercourse within the Territory of India.|
|Part-XIV (Articles 308-323)||Deals with Civil Services and Public Service Commission.|
|Part-XIV A (Articles 323A, 323B)||Deals with tribunals.|
|Part-XV (Articles 324-329A)||Deals with Elections (including Election Commission).|
|Part-XVI (Articles 330-342)||Deals with special provisions for Scheduled Castes and Scheduled Tribes and Anglo-Indian Representation.|
|Part-XVII (Articles 343-351)||Relates to Official Language.|
Evolution of States and Union Territories
The Constituent Assembly appointed the SK Dhar Commission in June 1948, to study the feasibility of the reorganisation of the states on linguistic basis. It was felt that such reorganisation would fuel regional sentiments and might threaten national integration which was precarious in the background of Partition. Thus, the Dhar Commission categorically rejected the basis of linguistic formation of states.
▸ The Congress in its Jaipur Session in 1948, appointed a three member committee to consider the recommendation of the Dhar Commission. Its members were Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya.
▸ The Committee rejected language as the basis for the reorganisation despite popular support for it.
First Linguistic State
▸ In October 1953, the Government of India was forced to create the First Linguistic State, known as Andhra Pradesh, by separating the Telugu speaking area fromMadras Presidency (after the death of Sriramulu, a Congress person).
▸ Kurnool was the first capital of the Andhra State with High Court at Guntur (Presently, Hyderabad is the capital and also the High Court seat).
The Constitution of India at the time of adoption had only 8 schedules to which 4 more were added during the succeeding 66 years.
|First Schedule||State and UTs.|
|Second Schedule||Salaries and Emoluments of President, Governor, Chief Judges and Auditor General.|
|Third Schedule||Forms of Oath and Affirmations of Members of Legislatures, Ministers and Judges.|
|Fourth Schedule||Allocation of Seats in the Rajya Sabha.|
|Fifth Schedule||Administration and control of Scheduled Areas and Scheduled Tribes.|
|Sixth Schedule||Administration of Tribal Areas in the state of Assam, Meghalaya, Tripura and Mizoram.|
|Seventh Schedule||Distribution of Power between the Union and the State Government (Union List, State List and Concurrent List).|
|Ninth Schedule||Validation of certain Acts and Regulations.|
|Tenth Schedule||Anti-Defection Law.|
|Eleventh Schedule||Panchayats. (Rural Local Government)|
|Twelfth Schedule||Municipalities (Urban Local Government)|
Fazl Ali Commission
After the creation of Andhra State, demand for creation of states on linguistic basis intensified and Fazl Ali Commission was constituted in December, 1953, which was also known as States Reorganisation Commission accepted language as the basis of reorganisations of state but rejected the theory of ‘one-language-one state’. By the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act, the distinction between states was abolished. Some of them were merged with adjacent state and some other were designated as Union Territories. As a result 14 States and 6 Union Territories were created on 1st November, 1956.
Reorganisation of States
▸ In 1956, there were 14 states and 6 union territories. Andhra Pradesh was created in 1953 and Kerala in 1956.
▸ In 1956, Karnataka was created.
▸ In 1960, Bombay was bifurcated into Gujarat and Maharashtra.
▸ In 1963, Nagaland was created as separate state.
▸ In 1966, Haryana was carved out of Punjab and Chandigarh became a Union Territory.
▸ In 1970, the Union Territory of Himachal Pradesh was elevated to the status of a state.
▸ In 1971, Manipur, Tripura and Meghalaya were granted statehood. In 1974, Sikkim became an associate state of the Indian Union. By the 36th Constitutional Amendment Act (1975), Sikkim became a full fledged State of the Indian Union.
▸ In 1986, Mizoram and Arunachal Pradesh came into being.
▸ In 1987, Goa came into existence. In 2000, three more new states : Chhattisgarh, Uttarakhand and Jharkhand were created.
▸ On 2nd June, 2014, Telengana state came into existence, after reorganisation of Andhra Pradesh.
▸ National Capital Territory of Delhi and Puducherry are headed by the Lieutenant Governor.
▸ Daman and Diu, Dadra and Nagar Haveli have a common administrator. Lakshadweep is also governed by an administrator.
▸ Chandigarh and Andaman and Nicobar Islands are governed by a Chief Commissioner. Delhi and Puducherry have Legislative Assemblies. There are total seven Union Territories-Delhi, Puducherry, Daman and Diu, Dadra and Nagra Haveli, Chandigarh, Lakshadweep, Andaman and Nicobar Islands.
▸ By the 69th Constitutional Amendment Act 1991, Delhi was given the status of National Capital Territory of India. It could legislate in certain matters except land, Police and law and order.
▸ The Preamble means Introduction or Preface of the Constitution or essence of the Constitution. NA Palkivala, an eminent jurist and Constitutional expert, called the Preamble as the identity card of the Constitution. India followed the USA to include Preamble in the Constitution. The Preamble of the Indian Constitution is based on the Objectives Resolution drafted and moved by Pandit Nehru and adopted by the Constituent Assembly.
▸ The idea of Justice, Social, Economic and Political have been taken from the Russian Revolution (1917).
▸ The idea of Liberty, Equality and Fraternity have been taken from the French Revolution (1789-1799).
Significance of the Preamble
▸ The Preamble embodies the basic philosophy and fundamental values like political, moral and religious on which the Constitution is based.
▸ It contains the grand and noble vision of the Constituent Assembly.
▸ It reflects the dreams and aspirations of the founding fathers of the Constitution. It provides a key to the understanding and interpretation of the Constitution.
Amendability of the Preamble
▸ Whether, the Preamble can be amended under Article 368 or not, this question arose for the first time in Keshavananda Bharati Case (1973). In this case Supreme Court held that Preamble is the part of the Constitution and can be amended, subject to the condition that no amendment is done to the basic features of the Constitution.
▸ The Preamble has been amended only once so far, in 1976, by 42nd Constitutional Amendment Act, which added three new words Socialist, Secular and Integrity. This amendment was held to be valid.
Preamble of India
We, the People of India, having solemnly resolved to constitute India into a Sovereign,
Socialist, Secular, Democratic, Republic and 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;
▸ In our Constituent Assembly on this twenty-sixth day of November, 1949, do hereby Adopt, Enact and Give to Ourselves this Constitution.
Union and Its Territory
▸ Articles 1-4 under Part-I of the Constitution deals with the Union and its Territories.
▸ Article 1 describes India, that is Bharat as a Union of States.
▸ 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.
▸ The names of the States and UTs and their territorial extent are mentioned in the First Schedule of the Constitution.
▸ At present, there are 29 States and 7 Union Territories.
▸ The ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only states while the former includes not only states, but also UTs and territories that may be acquired by the Government of India at any future 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.
▸ Article 3 authorises the Parliament to (a) form a new state by separation 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.
▸ A Bill seeking to create a new state or alter boundaries of existing states can be introduced in either House of the Parliament, only on the recommendation of the President.
▸ President refers the State Reorganisation Bill to the State Legislature concerned for expressing its opinion, within a specified period.
▸ The State Reorganisation Bill requires simple majority in both Houses of the Parliament.
▸ Parliament is not bound to accept or act upon the views of the State Legislature on a State Reorganisation Bill.
▸ Article 4 provides that Bills under Articles 2 and 3 are not to be considered as Constitutional Amendment Bills.
▸ The Indian Constitution deals with the citizenship from Articles 5-11 under Part II.
▸ Articles 5 to 8 deal that how a person became citizen of India, after Comencement of Constitution.
Acquisition of Citizenship
A citizen is a person, who enjoys full membership of the country in which he lives. Indian Constitution provides a single and uniform citizenship for the entire country. The Citizenship Act of 1955 provides for 5 ways of acquiring citizenship as described below
Every person born in India on or after 26th January, 1950, shall be a citizen of India by birth, irrespective of the nationality of his parents.
▸ The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian Citizenship.
Persons born outside India on or after 26th January, 1950, but before 10th December, 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.
The Central Government may, on an application, register as a citizen of India any person, if he belongs to any of the following categories
▸ A person of Indian origin, residing in India for 7 years.
▸ A person of Indian origin, who is ordinarily resident in any country or place outside undivided India.
▸ A person, who is married to citizens of India and resident of India for 7 years.
▸ Minor children of persons, who are citizen of India.
▸ A person of full age and capacity, whose parents are registered as citizen of India.
It can be acquired by a foreigner, who has resided in India for 12 years.
By Incorporation of Territory (Foreign Territory)
If any new territory becomes a part of India, the Government of India specifies the people of that territory to be citizens of India.
Loss of Citizenship
The Citizenship Act, 1955, also provides three modes of losing citizenship
1. By Renunciation
If a person gives up his Indian citizenship after acquiring the citizenship of another country.
2. By Termination
When an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates.
3. By Deprivation
Deprivation of citizenship by the Government of India on the basis of fraud, false representation and concealment of material, fact or being disloyal to the Constitution.
Overseas Citizens of India (OCI)
▸ Citizenship Act has been amended in 2003, by which people of Indian origin, except in Pakistan and Bangladesh, will become eligible to be registered as the Overseas Citizens of India (OCI).
▸ OCIs are entitled to some benefits like multiple entry, multipurpose life long visas, they can live and work in India or their country of naturalisation.
▸ They are not entitled to hold constitutional posts and employment in the government is offices and they can’t vote.
▸ All Persons of Indian Origin (PIO) cardholders are deemed to be Overseas Citizens of India(OCI) cardholders with effect from 9th January, 2015.