POLITY – FEDERALISM

Contents

CITIZENSHIP [ARTICLE 5 - 11]. 2

Acquisition of Citizenship. 2

By Birth: 2

By Descent: 2

By Registration: 2

By Incorporation of Territory: 2

Loss of Citizenship. 3

By Renunciation: 3

By Termination: 3

By Deprivation: 3

PIO (Person of Indian Origin): 3

Introduction: 3

Benefits: 4

OCI (Overseas citizen of India): 4

Introduction: 4

Benefits: 4

Articles Related to Citizenship at a Glance. 5

UNION AND ITS TERRITORY. 6

ARTICLES. 6

Article 1. 6

Article 2. 6

Article 3. 6

Article 4: 7

EVOLUTION OF STATES AND UNION TERRITORIES. 7

Integration of princely states. 7

Committees formed for Reorganisation of states. 7

SK Dhar Commission. 7

JVP Commission. 7

Fazil Ali 7

Articles Related to Union and its Territory at a Glance. 8

 

CITIZENSHIP [ARTICLE 5 - 11]

The Indian Constitution provides for only a single citizenship that is Indian Citizenship.  The Citizenship Act 1955 provides for the acquisition and loss of citizenship after the commencement of the Constitution.

Acquisition of Citizenship


By Birth: A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth

By Descent: A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth. A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth

By Registration: The Central Government may, on an application, register as a citizen of India any person (not being an illegal migrant) if he belongs to any of the following categories, namely

a)   A person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;

b)   A person of Indian origin who is ordinarily resident in any country or place outside undivided India;

c)   A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

d)   Minor children of persons who are citizens of India.


By Incorporation of Territory: If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India.


Loss of Citizenship

By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship upon the registration of that declaration, that person ceases to be a citizen of India.

By Termination: When an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates.

By Deprivation: It is a compulsory termination of Indian citizenship by the Central government, if –

·         The citizen has obtained the citizenship by fraud;

·         The citizen has shown disloyalty to the Constitution of India;

·         The citizen has unlawfully traded or communicated with the enemy during a war;

·         The citizen has, with in 5 years after registration or naturalisation, been imprisoned in any country for 2 years;

·         The citizen has been ordinarily resident out of India for 7 years continuously.

PIO (Person of Indian Origin):

 

Introduction:

(i) who at any time held an Indian passport; or

(ii) he or either of his parents or grandparents or great grandparents was born in and was permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka; or

(iii)  he is a spouse of a citizen of India or a person of Indian origin as mentioned  above

Benefits:

(1) Shall not require a separate visa to visit India

(2) Will be exempt from the requirements of registration if his/her stay on any single visit in India does not exceed 180 days In the event of continuous stay in India exceeding 180 days, he/she shall have to get himself/ herself registered within 30 days of the expiry of 180 days with the concerned FRRO/FRO

(3) Parity with NRIs in respect of all facilities available to the latter in the economic, financial and educational fields except in matters relating to the acquisition of agricultural / plantation properties No parity shall be allowed in the sphere of political rights

OCI (Overseas citizen of India):

 

Introduction:

A foreign National who

·         Was eligible on 26-01-1950

·         Was a citizen of India

·         Belonged to a territory that become part of India after 15-08-1947

·         His/her children & grand children, or minor children of such persons

·         Exception: Pakistan & Bangladesh

Benefits:

·         Lifelong visa (Multiple entry & Multipurpose)

·         No need of registration with local police

·         NRI’s can vote

·         No parity shall be allowed in sphere of political rights

·         May be granted Indian Citizenship after 5 years from date of registration provided stay for 1 year before applying

·         All activities except Mountaineering, missionary, research work & visiting restricted areas require specific permission

Articles Related to Citizenship at a Glance

 

Article No. 

Subject-matter

5

Citizenship at the commencement of the Constitution

6

Rights of citizenship of certain persons who have migrated to India from Pakistan

7

Rights of citizenship of certain migrants to Pakistan

8

Rights of citizenship of certain persons of Indian origin residing outside India

9

Persons voluntarily acquiring citizenship of a foreign State not to be citizens

10

Continuance of the rights of citizenship

11

Parliament to regulate the right of citizenship by law

 


UNION AND ITS TERRITORY

ARTICLES

 

Article 1 describes India that is Bharat as a ‘Union of States’ rather than a ‘Federation of states’. Although the Constitution is federal in structure, it describes India as ‘Union’. The federation is a Union because it is indestructible.  Union of states has preferred for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation.

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.

Article 2 gives the Parliament the power to admit into the Union of India new states and to establish new states. This article grants two powers to the Parliament:

(a) The power to admit into the Union of India new states;

(b) The power to establish new states.

The first refers to the admission of states which are already in existence while the second refers to the establishment of states which were not in existence before.

Article 3 authorises the Parliament to:

(a)  Form a new state by separation of territory 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.

Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, 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, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament4. In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.

Article 4: The Constitution itself 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 Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

 

EVOLUTION OF STATES AND UNION TERRITORIES

 

Integration of princely states

The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states viz., joining India, joining Pakistan or remaining independent. Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.

·         Hyderabad by means of police action,

·         Junagarh by means of referendum and

·         Kashmir by the Instrument of Accession.

Committees formed for Reorganisation of states

SK Dhar Commission – Rejected the reorganisation of states on the basis of Linguistic.

JVP Commission - Rejected the reorganisation of states on the basis of Linguistic.

Fazil Ali- It 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’.

It identified four major factors that can be taken into account in any scheme of reorganisation of states:

(a)         Preservation and strengthening of the unity and security of the country

(b)         Linguistic and cultural homogeneity

(c)         Financial, economic and administrative considerations

(d)        Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

Articles Related to Union and its Territory at a Glance

 

Article No. 

Subject-matter

1

Name and territory of the Union

2

Admission or establishment of new states

2A

Sikkim to be associated with the Union—(Repealed)

3

Formation of new states and alteration of areas, boundaries or names of existing states

4

Laws made under Articles 2 and 3 to provide for the amendment of the   First and the Fourth Schedules and supplemental, incidental and consequential matters.