Master Guide: The Union and its Territory & Citizenship (Part I & II of the Indian Constitution)

Welcome to the ultimate Master Guide on “The Union and its Territory” and “Citizenship,” fundamental topics for UPSC and MPSC Indian Polity. This exhaustive guide covers Part I and Part II of the Constitution of India, providing deep insights into the historical context, constitutional provisions, the reorganization of states, citizenship laws, and critical Supreme Court cases. Let us delve into the foundational structure of the Indian nation and the identity of its people.

Part I: The Union and its Territory (Articles 1 to 4)

Part I of the Indian Constitution deals with the physical boundaries, the name of the country, and the laws regarding the formation, alteration, and admission of new states. The Constitution defines India not as a “Federation” but as a “Union of States.”

Article 1: Name and Territory of the Union

Article 1(1) states: “India, that is Bharat, shall be a Union of States.”

The term “Union of States” was preferred over “Federation of States” by Dr. B.R. Ambedkar for two main reasons:

• The Indian federation is not the result of an agreement among the states (unlike the USA).
• The states have no right to secede from the federation. The federation is an indestructible Union of destructible states.

According to Article 1, the territory of India can be classified into three categories:

1. Territories of the States.
2. Union Territories specified in the First Schedule.
3. Territories that may be acquired by the Government of India at any time.

Article 2: Admission or Establishment of New States

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. This refers to the admission of states which are not already a part of the Union of India. For example, Sikkim was admitted to the Indian Union through the 36th Amendment Act, 1975.

Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States

Article 3 deals with the internal re-adjustment of the territories of the constituent states of the Union of India. It authorizes the Parliament to:

• Form a new state by separation of territory from any state or by uniting two or more states.
• Increase the area of any state.
• Diminish the area of any state.
• Alter the boundaries of any state.
• Alter the name of any state.

Conditions for Article 3:

• A bill contemplating such changes can be introduced in the Parliament only with the prior recommendation of the President.
• 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.

Article 4: Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules

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 Article 3) are not to be considered as amendments of the Constitution under Article 368. This means such laws can be passed by a simple majority and by the ordinary legislative process.

Evolution of States and Union Territories (Reorganization)

At the time of independence, India comprised two categories of political units: British provinces and Princely states. The integration of princely states was a monumental task led by Sardar Vallabhbhai Patel. However, the demand for linguistic reorganization of states emerged strongly.

Dhar Commission (1948)

The Constituent Assembly appointed a Linguistic Provinces Commission under the chairmanship of S.K. Dhar to examine the feasibility of organizing states on a linguistic basis. The commission recommended the reorganization of states on the basis of administrative convenience rather than linguistic factors.

JVP Committee (1948)

Due to public resentment over the Dhar Commission report, another committee was appointed consisting of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya (JVP). In 1949, it formally rejected language as the basis for the reorganization of states.

Creation of Andhra State (1953) and the Fazl Ali Commission

The death of Potti Sriramulu after a 56-day hunger strike demanding a separate state for Telugu-speaking people forced the government to create the first linguistic state, Andhra State, in 1953. This intensified demands from other regions.

The Government of India appointed a three-member States Reorganisation Commission (SRC) under the chairmanship of Fazl Ali, with K.M. Panikkar and H.N. Kunzru as members. In its 1955 report, it broadly accepted language as the basis of reorganization of states but rejected the theory of ‘one language-one state’.

States Reorganisation Act, 1956

By the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956), the distinction between Part A, B, C, and D states was abolished. Consequently, 14 states and 6 Union Territories were created on November 1, 1956. Since then, the political map of India has undergone continuous changes due to regional demands, leading to the creation of current 28 states and 8 UTs (as of recent reorganization including Jammu & Kashmir and Ladakh).

Part II: Citizenship (Articles 5 to 11)

Citizenship is the legal relationship between a nation and an individual. Part II of the Constitution deals with citizenship. Unlike the USA, which has dual citizenship, India has a system of Single Citizenship. All citizens, irrespective of the state in which they are born or reside, enjoy the same political and civil rights of citizenship.

Constitutional Provisions (Articles 5 – 11)

• Article 5: Citizenship at the commencement of the Constitution (Jan 26, 1950) for persons domiciled in India.
• Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan.
• Article 7: Rights of citizenship of certain migrants to Pakistan who later returned to India.
• Article 8: Rights of citizenship of certain persons of Indian origin residing outside India (PIOs).
• Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens. (Single Citizenship principle).
• Article 10: Continuance of the rights of citizenship, subject to any law made by Parliament.
• Article 11: Parliament to regulate the right of citizenship by law. This article gave Parliament the power to enact the Citizenship Act, 1955.

The Citizenship Act, 1955

The Constitution does not provide a comprehensive law for the acquisition or loss of citizenship after its commencement. It left this to the Parliament, which enacted the Citizenship Act of 1955. This act has been amended multiple times (1986, 1992, 2003, 2005, 2015, and 2019).

Acquisition of Citizenship

1. By Birth: A person born in India on or after Jan 26, 1950. The law was tightened in 1986 (at least one parent must be an Indian citizen) and further in 2003 (one parent is an Indian citizen and the other is not an illegal migrant).
2. By Descent: A person born outside India but whose father (amended in 1992 to include mother) is a citizen of India at the time of birth. Further tightened in 2003 requiring registration within one year.
3. By Registration: Persons of Indian origin, persons married to Indian citizens, etc., can acquire citizenship by registering, provided they have resided in India for a specified period (usually 7 years).
4. By Naturalisation: Foreigners can acquire citizenship by naturalisation if they meet strict criteria (residing in India for 11 of the previous 14 years, renouncing previous citizenship, good character, knowledge of an 8th Schedule language).
5. By Incorporation of Territory: If any foreign territory becomes part of India, the Government of India specifies the persons from that territory who shall be citizens of India.

Loss of Citizenship

1. By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing their Indian citizenship.
2. By Termination: When an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship automatically terminates.
3. By Deprivation: The Central government can compulsorily terminate citizenship if obtained by fraud, showing disloyalty to the Constitution, trading with the enemy during war, or being imprisoned for 2 years within 5 years of naturalisation/registration.

Overseas Citizens of India (OCI)

To meet the demands of the Indian diaspora for dual citizenship, the Government introduced the OCI scheme in 2005. While not a true dual citizenship (they do not have voting rights or the right to hold constitutional offices), an OCI cardholder enjoys multi-purpose, multiple-entry, lifelong visas to visit India and parity with NRIs in financial, economic, and educational fields. In 2015, the PIO (Persons of Indian Origin) card scheme was merged with the OCI card scheme.

Citizenship (Amendment) Act, 2019 (CAA)

The CAA 2019 is a landmark and controversial amendment to the Citizenship Act, 1955. It aims to grant Indian citizenship to persecuted religious minorities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.

Key Features:

• Exempts these communities from the definition of “illegal migrants.”
• Reduces the residency requirement for naturalisation from 11 years to 5 years for these specific communities.
• The Act does not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura included in the Sixth Schedule, nor does it apply to states protected by the “Inner Line Permit” (ILP) regime (Arunachal Pradesh, Nagaland, Mizoram, and Manipur).

Landmark Supreme Court Cases

• Berubari Union Case (1960): The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country. Cession of Indian territory can only be done through an amendment of the Constitution under Article 368 (which led to the 9th Constitutional Amendment Act). However, settling a boundary dispute does not require a constitutional amendment.
• Sarbananda Sonowal vs Union of India (2005): The Supreme Court struck down the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act), applicable only in Assam, declaring it unconstitutional as it created hurdles in the identification and deportation of illegal migrants from Bangladesh.
• National Register of Citizens (NRC) Cases (Assam Public Works v. Union of India): The Supreme Court continuously monitored the updation of the NRC in Assam to identify illegal immigrants as per the Assam Accord of 1985.

Practice Questions for UPSC & MPSC

Q1. Consider the following statements regarding Article 3 of the Indian Constitution:
1. A bill to alter the boundaries of a state can be introduced only with the prior recommendation of the President.
2. The President is bound by the views of the concerned State Legislature regarding the bill.
Which of the statements given above is/are correct?
A) 1 only
B) 2 only
C) Both 1 and 2
D) Neither 1 nor 2
Answer: A (The President/Parliament is not bound by the views of the state legislature).

Q2. Under the Citizenship Act, 1955, by which of the following ways can a person become a citizen of India?
1. By Birth
2. By Descent
3. By Registration
4. By Nationalisation
5. By Incorporation of territory
Select the correct answer using the code given below:
A) 1, 2, 3 and 5
B) 1, 2 and 4
C) 1, 2, 3, 4 and 5
D) 2, 3, 4 and 5
Answer: C (However, “Nationalisation” is officially termed “Naturalisation” in the Act, but generally treated as correct in MCQs when meaning the process. The exact terms are Birth, Descent, Registration, Naturalisation, and Incorporation of Territory).

Q3. Mains Practice Question: Discuss the evolution of the creation of states on linguistic basis in India. To what extent has it strengthened or weakened the unity of the country? (250 words)

Q4. Mains Practice Question: The Citizenship (Amendment) Act, 2019 has been a subject of intense legal and political debate. Critically analyze the provisions of the CAA 2019 in the context of constitutional principles. (250 words)

Mastering Part I and Part II provides the bedrock for understanding the territorial and demographic foundation of the Indian Republic. Stay updated with current affairs, especially regarding citizenship, inner line permits, and territorial disputes, to excel in the examination.