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UNION AND TERRITORY
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Part I and II of Constitution
Part I: Articles 1 to 4
Part I: Union and its Territory
Art I: Name and Territory of the Union
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Bharat’s name: India that is Bharat shall be a “Union of States”
Type of polity
Implications
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1 Not a result of agreement between States
States have no rights to secede (separate)
from union
India is indestructible, Union of destructible
USA is indestructible states
union of indestructible
states (states have all
rights to secede)
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2 States and territory specified
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3 Territory of India Total: 8
28 states
Union territories: 1st Schedule
Other territories
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Art 2: Establishment of new States
If Parliament want to admit new territory Art 2 admissible
Power to admit into Union new States
Power to establish new States
Art 3
a) Formation of new states
b) Alteration of areas
c) Boundaries, or names of existing states
Increase in area State
Decrease in area
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Alteration of boundary
Name of state
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Provisions: no bill to be introduced in either house of the Parliament,
unless with recommendation of President
Not finding on Parliament (advisory in nature)
New Delhi in bills
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Give to particular State for suggestions (Governor)
State recommendation not binding
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Art 4: Amendment in article 1 and 3 and Schedule 1 and 2 will not be dealt as
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amendment under Article 368
Seats in Rajya Sabha
Amendment of 1st and 4th schedules
Name of States and UTs
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Only by Simple Majority: 2/3 members present + voting
Is applicable when a territory is added from
outside to inside
1959: Berubari Union Case
Indian territory if it has to be given to a foreign territory Art 368 applicable
2014: Indian Bangladesh boundary dispute 100 CA
Indo-Bangladesh agreement
India’s few parts to Bangladesh by Special Majority
Bangladesh few parts to India by Simple Majority
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1947: 565 562
552 Princely State, how many princely state were formed
549 joined India
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3 did not want to join India
Hyderabad:
Police accession OPERATION POLO (Sep 1948)
Kotturu Seetayyagupta did not agree
Later these 3
joined
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Junagarh: referendum
Kashmir: instrument of accession by Maharaja Hari Singh
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1950: four fold classification of states
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Part A
Part B
Part C
Part D: Andaman and Nicobar Islands
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Linguistic Provision commission (on the basis of language)
S K Dhar Commission 1948
Linguistic basis model rejected
States to be organised on the basis of “Administrative Convenience”, not linguistic
basis
JVP Committee 1948
State should not be formed on linguistic basis
Members: J L Nehru, Vallabhbhai Patel, Pattabhisitaramayya
1953: Potti Sriramulu (in Andhra Pradesh)
Fast unto death for 56 days
After his death: 1st linguistic state of India formed Andhra Pradesh in 1953 (Sep/
Oct)
Telugu speaking area
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State Reorganisation Commission/Fazal Ali Commission (Dec 1953)
3 members:
Fazal Ali (chairman)
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K M Panikkar
H N Kunzru
Recommendations made by the committee
Rejected the theory of “one language one state”
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Accepted the linguistic basis of formation of state
State Reorganisation Act, 1956 Part A, B, C, D
14 states + 6 UTs (created on: 1st Nov 1956)
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Still an UT
7th CA 1956
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Goa: 12th CA (UT) + Daman+Diu (UT)
56th CA 1987 Statehood given
Dadra & Nagar Haveli: 10th CA (UT) Now merged with Daman and Diu
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Formation of States
TRICK: AAM GUNAH HAI MAIM TUSSI GAO AUR MOJ LO
AAM:
A: Andhra Pradesh Fully fledge state on 1 Nov 1956
M: Maharashtra 1960
GUNAH:
G: Gujarat 1960
NA: Nagaland 1963
H: Haryana 1966
HAI:
HAI: Himachal Pradesh 1971
MAIM:
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MAI: Meghalaya 1972
M: Manipur 1972
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TUSSI:
TU: Tripura 1972
SSI: Sikkim 1975
Special Case
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Earlier ruled by Chogyal Dynasty
Associate State: Art 2A 35th CA, 1974
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Complete Statehood: 36th CA, 1975
GAO:
Goa: 1987 (UT) 56th CA (statehood)
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Art 370: special powers to Jammu &
AUR: Arunachal Pradesh 1987 Kashmir now repealed
NAM AASMA GK
MOJ LO: Mizoram 1987
TRICK
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N: Nagaland
A: Assam
M: Manipur
A: Andhra Pradesh
A: Andhra University
S: Sikkim
M: Manipur
A: Arunachal Pradesh
G: Goa
K: Karnataka
CITIZENSHIP
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Part II: Citizenship (in India Single citizenship)
Regulated by Parliament
Art 5-11
Single Citizenship taken from: UK
Citizenship
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Before the commencement of After 26 Jan 1950
Constitution 26 Jan 1950 Citizenship Act 1955
Art 5-8
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Art 5: should be a domicile of India
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Born in India
Either of the parents are born in India
Ordinary resident for at least 5 years
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After the commencement of
Constitution
Art 6: those who migrated to India from Pakistan
Art 7: India Pakistan India (citizenship of migrants of Pakistan)
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Moving after participation
Art 8: citizenship of Indian origins, residing outside India
Art 9: person voluntarily acquiring citizenship of foreign country loses Indian
citizenship
Dual citizenship not allowed
Art 10: continuance of rights of citizenship
Art 11: power of Parliament to legislate (make laws) with respect to citizenship
Citizenship Act 1955
Acquire
By birth
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By decency: born outside India, but are Indian citizen
By registration: origin India (7 years residing in India)
By naturalisation: origin not of India (12 years of residing in India)
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By incorporation of territories
Should also know one Indian
language mentioned in Schedule 8
Lose
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By renunciation (by own will)
By termination (voluntarily acquired citizenship of other country without
informing)
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By deprivation (document, malfunction, helping enemy country at war with India)
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11 years
14 years remaining
Total: 12 years in India Previous year in India
In India Due to injustice towards
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these communities
Hindu, Sikh, Parsi, Jain,
Christian, Buddhist
Must know anyone Indian language Has to live in India for 6 years
CA 1955 Amendment 2029 (CAA)
6 community from 3 countries Some
Chaos cause as Muslims relaxation through naturalisation
were not included Bangladesh, Pakistan, Afghanistan
