UNION AND ITS TERRITORY

 UNION AND ITS TERRITORY

Articles 1 to 4 under Part-I

⦁ Article 1 describes India, that is, Bharat as a ‘Union of States’ not Federation of states. (it is not result of agreement between the states and there is no right to secede for the states)

⦁ According to Article 1, territory of India can be classified into three categories: 1) Territories of the states, 2) UTs

3) Territories acquired by GoI

⦁ ‘Territory of India’ is a wider expression than ‘Union of India’. Union of India implies States whereas Territory of India implies States, UTs, Territories that may be

�New states that came in to Existence after 1956

⦁ 1960  : Maharastra , Gujarat from Bombay

⦁ 1963  : Nagaland

⦁ 1966  : Haryana, Chandigarh and HP from Punjab Province

⦁ 1972  : Manipur, Tripura and Meghalaya.

⦁ 1975  : Sikkim (36 CAA)

⦁ 1987  : Mizoram, Arunachal Pradesh and Goa

⦁ 2000  : Chattisgarh, Uttarakhand and Jharkahand

⦁ 2014  : Telangana

Evolution of States and Union Territories:

⦁ Dhar Commission (1948): Reorganisation of states on

acquired

⦁ Article 2 grants two powers to Parliament: (a) power to admit new states (already in existence) (b) power to establish new states (states non-existent before)

⦁ Article 3 authorises Parliament to:Article 3 authorises Parliament to deal with internal readjustment of territories of constituents of union of India (i.e., states). Bill for the purpose : 1) Prior recommendation of President 2) should be referred to concerned state legislature for its views

⦁ Laws made under Art 2 and Art 3 shall not be considered as constitutional Amendment under Art 368.

⦁ If any territory has to be ceded to a foreign country, it cannot happen under Art 3. It needs an amendment with constitutional under Art 368.

�the basis of administrative convenience rather than

linguistic factor.

⦁ JVP Committee(1948): Formally rejected language as the basis for reorganisation of states

⦁ Fazl Ali Commission (1955): Submitted its report in September 1955 and broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of ‘one language–one state’.

⦁ Based on Fazl Ali commission, States reorganisation act 1956 and 7th CAA led to Abolition of four fold classification of states and formation of 14 states and 6 UTs.

⦁ First linguistic state created in India – Andhra state in 1953

Citizenship

⦁ 100thConstitutional Amendment Act

enclaves to Bangladesh.

�ceded certain

�Who are citizens?

At the time of commencement of the constitution

⦁ Person who is domicile in India – born and any one of the parent is Indian,(descent) or resident in India for 5 years

⦁ People who came from Pakistan

⦁ People who went to Pakistan and returned back to India before commencement of this constitution.

⦁ Persons of Indian origin residing outside India (by registration)

Ways of acquisition of Citizenship under Citizenship Act 1955 – Birth, Descent, Registration, Naturalisation, incorporation of a new Territory

Loss of Citizenship:

Renunciation : Voluntarily giving away of citizenship.

Termination : Acquiring foreign citizenship automatically terminates Citizenship.

Deprivation : Compulsory termination by central government in cases of fraudulent acquisition of citizenship.