STUDY NOTES FOR EM STUDENTS..PART -I POLITY
THE
CONSTITUTION OF INDIA
PREAMBLE
WE, THE PEOPLE OF INDIA,
having solemnly resolved to constitute India into a
[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith
and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the
individual and the
[unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twenty sixth
day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
(by the Constitution (Forty-second Amendment)
Act, 1976, s. 2, for “SOVEREIGN DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977). “unity
of the Nation” (w.e.f. 3-1-1977).)
PART I- THE
UNION AND ITS TERRITORY( Art 1-4)
Name and territory of the Union.
1. (1) India, that is Bharat, shall be a Union of
States.
[(2) The States and the territories thereof
shall be as specified in the First Schedule.]
(3) The territory of India shall comprise— (a)
the territories of the States;
[(b) the Union territories specified in
the First Schedule; and]
(c) such other territories as may be
acquired.
Admission or establishment of new States.
2. Parliament may by law admit
into the Union, or establish, new States on such terms and conditions as it
thinks fit.
Formation of new States and alteration of areas,
boundaries or names of existing States.
3. Parliament may by law— (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:
[Provided that no Bill for the purpose shall be
introduced in either House of Parliament except on the recommendation of the
President and unless, where the proposal contained in the Bill affects the
area, boundaries or name of any of the States
[Explanation I.—In this article, in
clauses (a) to (e), "State'' includes a Union
territory, but in the proviso, "State'' does not include a Union
territory.
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.
4. (1) Any law referred to in article 2 or
article 3 shall contain such provisions for the amendment of the First Schedule
and the Fourth Schedule as may be necessary to give effect to the provisions of
the law and may also contain such supplemental, incidental and consequential
provisions (including provisions as to representation in Parliament and in the
Legislature or Legislatures of the State or States affected by such law) as
Parliament may deem necessary.
PART II
– CITIZENSHIP ( Art 5-11)
Citizenship at the commencement of the
Constitution.
5. At the commencement of this Constitution, every
person who has his domicile in the territory of India and—
(a) who was born in the territory of
India; or (b) either of whose parents was born in the territory
of India; or (c) who has been ordinarily
resident in the territory of India for not less than five years immediately
preceding such commencement, shall be a citizen of India.
Rights of citizenship of certain persons who
have migrated to India from Pakistan.
6. Notwithstanding anything in article 5, a
person who has migrated to the territory of India from the territory now
included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if— (a) he or either of his parents or
any of his grandparents was born in India as defined in the Government of India
Act, 1935 (as originally enacted); and
(b) (i) in the case
where such person has so migrated before the nineteenth day of July, 1948, he
has been ordinarily resident in the territory of India since the date of his
migration, or
(ii) in the case where such person has so
migrated on or after the nineteenth day of July, 1948, he has been registered
as a citizen of India by an officer appointed in that behalf by the Government
of the Dominion of India on an application made by him therefor to such officer
before the commencement of this Constitution in the form and manner prescribed
by that Government: Provided that no person shall be so registered
unless he has been resident in the territory of India for at least six months
immediately preceding the date of his application.
Rights of citizenship of certain migrants to
Pakistan.
7. Notwithstanding anything in articles 5 and
6, a person who has after the first day of March, 1947, migrated from the
territory of India to the territory now included in Pakistan shall not be
deemed to be a citizen Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now included in Pakistan,
has returned to the territory of India under a permit for resettlement or
permanent return issued by or under the authority of any law and every such
person shall for the purposes of clause (b) of article 6 be deemed to
have migrated to the territory of India after the nineteenth day of July, 1948.
Rights of citizenship of certain persons of
Indian origin residing outside India.
8. Notwithstanding anything in article 5, any
person who or either of whose parents or any of whose grandparents was born in
India as defined in the Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside India as so defined shall
be deemed to be a citizen of India if he has been registered as a citizen of
India by the diplomatic or consular representative of India in the country
where he is for the time being residing on an application made by him therefor
to such diplomatic or consular representative, whether before or after the
commencement of this Constitution, in the form and manner prescribed by the
Government of the Dominion of India or the Government of India.
Persons voluntarily acquiring citizenship of a
foreign State not to be citizens.
9. No person shall be a citizen of India by
virtue of article 5, or be deemed to be a citizen of India by virtue of article
6 or article 8, if he has voluntarily acquired the citizenship of any foreign
State.
Continuance of the rights of citizenship.
10. Every person who is or is deemed to be a
citizen of India under any of the foregoing provisions of this Part shall,
subject to the provisions of any law that may be made by Parliament, continue
to be such citizen.
Parliament to regulate the right of citizenship
by law.
11. Nothing in the foregoing provisions of
this Part shall derogate from the power of Parliament to make any provision
with respect to the acquisition and termination of citizenship and all other
matters relating to citizenship.
.............MODEL QUESTIONS ON THIS TOPIC
WILL BE FOLLOWED!