Part I & II of Indian Constitution

Part I – Union & Its Territory

Article 1

• India = Bharat → Union of States
• Territory includes:
  • States
  • Union Territories (1st Schedule)
  • Acquired territories → future expansion

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Article 2

• Parliament can admit/establish new states → external addition

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Article 3

• Formation & alteration of states
  • Change area, boundary, name
• Conditions:
  • President recommendation required
  • State opinion taken (not binding)

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Article 4

• Laws under Art 2 & 3 → NOT Constitutional Amendment (Art 368)
• Done by Simple Majority

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Special Cases

Berubari Case (1959)

• Giving territory to foreign country → Art 368 (Special Majority)

Indo-Bangladesh Agreement (2014, 100th CA)

• India → Bangladesh (Special Majority)
• Bangladesh → India (Simple Majority)

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Linguistic Provision (State Formation)

S.K. Dhar Commission (1948)

• Rejected linguistic basis → focus on administrative convenience

JVP Committee (1948)

• Members: Nehru, Patel, Pattabhi Sitaramayya
• Opposed linguistic states

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Turning Point (1953)

• Potti Sriramulu death (fast 56 days)
• Led to 1st linguistic state – Andhra Pradesh (1953)

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Fazal Ali Commission (1953)

• Members: Fazal Ali, K.M. Panikkar, H.N. Kunzru
• Accepted linguistic basis (but not “one language one state”)

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State Reorganisation Act (1956)

• Major reorganisation of states

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Formation of States (Examples)

• 1956 → Andhra Pradesh
• 1960 → Maharashtra, Gujarat
• 1963 → Nagaland
• 1966 → Haryana
• 1971 → Himachal Pradesh
• 1972 → Meghalaya, Manipur, Tripura

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Special Cases

• Sikkim
  • 1974 → Associate State (35th CA)
  • 1975 → Full State (36th CA)
• Goa (1987) → Statehood (56th CA)
• 1987 → Arunachal Pradesh, Mizoram

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Part II – Citizenship

Articles 5–11

• Citizenship regulated by Parliament
• Single Citizenship (from UK)

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Article 5

• Citizenship at commencement:
  • Domicile required
  • Any one:
    • Born in India
    • Parent of Indian origin
    • Resident for 5 years

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Articles 6–11

• Art 6 → Migrants from Pakistan
• Art 7 → Migrants to Pakistan
• Art 8 → Indians abroad
• Art 9 → Foreign citizenship → lose Indian citizenship
• Art 10 → Continuance
• Art 11 → Parliament regulates

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Citizenship Act 1955

Ways to Acquire

• By Birth → born in India
• By Descent → parents Indian
• By Registration → Indian origin (7 yrs stay)
• By Naturalisation → foreign origin (12 yrs stay)
• By Incorporation of Territory → new area added

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Ways to Lose

• Renunciation → voluntary
• Termination → foreign citizenship taken
• Deprivation → fraud / anti-national acts

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🔥 Memory Tricks

• “1 = Identity, 2 = Entry, 3 = Change, 4 = Simple Law”
• “1953 → Language start, 1956 → Full reorganisation”
• “BRN NID” → Birth, Registration, Naturalisation, Incorporation, Descent