ARTICLE

Part I - UNION AND ITS TERRITORY Article 1-4

1. Name and territory of the union

1. Admission or establishment of new states that are not the part of India
   1. Formation of new states and alteration of areas, boundaries or names of existing states. Regarding above change require Recommendation of President & related state legislator within fix time
   2. Laws made under Articles 2 and 3 are not considered as constitution amendment under art 368. But in Berubari case 1960 SC 9^th amendment act – without constitution amendment can not transfer any area to foreign country.

Fact :- 552- Princely State, Dhar commission 1948, JVP commission 1949 both reject formation of Linguistic state, Formation of Andhra Pradesh 1953, Fazal Ali commission ( Panikkar & Kunzaru)1953 accept language basis state formation, 1956 14 State & 6 UT's .Gujarat 1961, Dadra & Nagar Haveli 1961 by 10^th Amend. Act, Goa, Daman & Diu 1961 by 12^th Amend. Act, Pandichrry1962 14^th Amend. Act, Nagaland 1963, Haryana, Chandigarh & H.P.-1966, Manipur, Tripura & Meghalaya -1972, Sikkim 1974 as associate state by 35^th Amend. Act, Mizoram A.P. & Goa 1987, Delhi as the National capital territory of Delhi 1991 by 69^th amendment act, Chhatisgarh, Uttaranchal & Jharkhand 2000.

 

Part II - CITIZENSHIP Article 5-11

1. Citizenship at the commencement of the Constitution 26-01-1950
2. Rights of citizenship of certain persons who have migrated to India from Pakistan
3. Rights of citizenship of certain migrants to Pakistan but latter returned.
4. Rights of citizenship of certain persons of Indian origin residing outside India
5. Persons voluntarily acquiring citizenship of a foreign state not to be citizens

1. Continuance of the rights of citizenship
   1. Parliament to regulate the right of citizenship by law.

   R/ Citizenship Act 1955 amendment 1986 &1992 – 5 ways to acquire citizenship of India – by Birth, Descent ( father), Registration(5- year), Naturalization ( for foreigner 12^th month reside in India prior it 7 year reside or 4 year govt. service in India.) & by incorporation of territory.

   3 ways of losing citizenship – By Renunciation (Rejection), Termination, & Deprivation.

   Indian citizenship have constitution right under Article 15,16, 19, 29,30, right to vote Article 326, membership of parliaments(Article 84) & state legislature (Article 191(1)d) hold office of President, Vice president, Judge of SC & HC, governor of state, attorney general & advocate general of state