Chapter 5: Union and Its Territory
Introduction
India is described as a “Union of States” in the Constitution (Article 1).
It means India is one single political entity, made up of various states and territories.
The Constitution empowers Parliament to create new states, alter boundaries, and change names of existing states.
Thus, India’s territorial composition is flexible — adapting to administrative convenience, cultural aspirations, or political necessity.
Constitutional Provisions (Articles 1 to 4)
Let’s go step-by-step:
Article 1: Name and Territory of the Union
- India, that is Bharat, shall be a Union of States.
- The territory of India shall include:
- Territories of the states.
- Union territories (UTs).
- Territories that may be acquired.
Why “Union” not “Federation”?
- Emphasizes:
- Indestructible Unity: No state can secede.
- Stronger Centre compared to the States.
Example:
- Even if states break into smaller states (like Andhra Pradesh and Telangana), India remains one Union.
Article 2: Admission or Establishment of New States
- Parliament has the power to admit into the Union:
- New states (e.g., Sikkim in 1975).
- Establish new states (through treaties, agreements).
Example:
- Sikkim became the 22nd state of India by the 36th Amendment Act, 1975.
Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names
Parliament may:
- Form a new state:
- By separation of territory from any state.
- By uniting two or more states or parts of states.
- Increase or decrease the area of any state.
- Alter the boundaries of any state.
- Alter the name of any state.
Procedure (Step-by-step):
- Bill introduced only with prior recommendation of the President.
- President refers the Bill to the concerned State Legislature(s) for their views.
- State’s opinion is not binding — Parliament can proceed even if the state disagrees.
- Parliament passes the Bill with simple majority (not special majority).
Important:
- Changing boundary, name, or creating a new state does NOT require constitutional amendment under Article 368.
Examples:
- Creation of Telangana from Andhra Pradesh (2014).
- Name change: Bombay → Mumbai; Madras → Tamil Nadu.
Article 4: Laws made under Articles 2 and 3
- Any law made under Articles 2 and 3:
- Can include necessary amendments to the Constitution.
- Such amendments are not considered as Constitutional Amendments under Article 368.
Meaning:
Simple majority + normal legislative procedure is enough.
Evolution of States and Union Territories (UTs)
States Reorganization (Major Events)
1. Linguistic Reorganization:
- Demand for states based on languages intensified after independence.
- First major reorganization:
- Andhra Pradesh created in 1953 (separated from Madras).
- Based on Telugu-speaking population.
2. States Reorganisation Act, 1956:
- Major restructuring of India’s internal boundaries.
- Created 14 states and 6 Union Territories.
- On linguistic basis.
3. Further Creation of New States:
- 1960: Bombay divided into Maharashtra and Gujarat.
- 1966: Punjab divided to create Haryana; Chandigarh made a UT.
- 1972: Meghalaya, Manipur, Tripura made full states.
- 1987: Arunachal Pradesh, Mizoram, Goa attained statehood.
- 2000: Three new states created:
- Chhattisgarh (from Madhya Pradesh),
- Uttarakhand (from Uttar Pradesh),
- Jharkhand (from Bihar).
- 2014: Telangana created from Andhra Pradesh.
Union Territories (UTs) Evolution
- Originally, UTs were created for:
- Small areas,
- Special administrative needs,
- Strategic importance.
Current UTs (as of now):
| UT Name | Remark |
|---|---|
| Andaman & Nicobar Islands | Strategic importance |
| Chandigarh | Joint capital of Punjab and Haryana |
| Dadra & Nagar Haveli and Daman & Diu | Merged UTs (2020) |
| Delhi (NCT) | Has Legislative Assembly |
| Jammu and Kashmir | UT since 2019 (with Assembly) |
| Ladakh | UT since 2019 (without Assembly) |
| Lakshadweep | Small island group |
| Puducherry | Former French colonies; UT with Assembly |
Important Facts to Remember
- Total States: 28 (after J&K reorganization in 2019).
- Total Union Territories: 8.
Formation of New States Examples:
- Sikkim: Joined India in 1975 through 36th Amendment.
- Goa: Union Territory till 1987; became a State.
Key Points on Changing State Boundaries/Names
- Simple Majority in Parliament needed.
- State opinion is advisory only — not compulsory.
- Examples of name changes:
- Uttaranchal → Uttarakhand (2006).
- Orissa → Odisha (2011).
Why Flexibility in India’s Territory is Important?
- Adjust to regional aspirations (language, ethnicity).
- Promote better governance and administration.
- Maintain national unity and integrity.
- Meet strategic and economic needs.
Conclusion
India’s structure as a Union of States ensures unity while respecting diversity.
The Constitution’s flexibility to reorganize territory has helped India peacefully accommodate various demands —
making it stronger and more inclusive.
Important Facts for Prelims/Mains Boost:
| Point | Detail |
|---|---|
| Constitution empowers Parliament to alter state boundaries under | Article 3 |
| New states can be admitted under | Article 2 |
| First linguistic state formed in 1953 | Andhra Pradesh |
| State Reorganisation Act | 1956 |
Chapter 6: Citizenship
Introduction
Citizenship means the legal status of belonging to a nation — with full political rights and obligations.
In India, the Constitution provides who can become a citizen, how citizenship can be acquired, and how it can be lost.
Citizenship is important because only citizens (not foreigners) enjoy:
- Full Fundamental Rights (like Right to Equality — Art 15, Right to vote — Art 326),
- Right to hold certain public offices (like President, MP, MLA).
Constitutional Provisions on Citizenship
- Covered under Articles 5 to 11 in Part II of the Constitution.
- Article 5-9: Citizenship at the commencement of the Constitution (26 January 1950).
- Article 10: Continuation of citizenship.
- Article 11: Parliament can regulate citizenship laws.
Who were Indian Citizens on 26 January 1950?
Under Articles 5 to 9, the following people became citizens automatically:
| Article | Provision |
|---|---|
| 5 | Domiciled in India + born in India or parents/grandparents born in India |
| 6 | Migrated from Pakistan (before 19 July 1948) + stayed in India |
| 7 | Migrated to Pakistan but returned with permission (“resettlement”) |
| 8 | Indians living abroad (registered by diplomatic missions) |
| 9 | People who voluntarily acquired citizenship of another country → NOT Indian citizens |
Parliament’s Power on Citizenship (Article 11)
- Parliament can make laws regarding citizenship after 1950.
- This led to the Citizenship Act, 1955.
Citizenship Act, 1955 (Key Points)
This law regulates the acquisition, loss, and supplementary provisions regarding Indian citizenship.
Acquisition of Indian Citizenship
One can become an Indian citizen in five ways:
| Mode | Explanation |
|---|---|
| 1. By Birth | Born in India between 26 Jan 1950–1 July 1987 automatically citizen. Born between 1 July 1987–2004, one parent must be Indian. After 3 Dec 2004, one parent Indian + other not illegal migrant. |
| 2. By Descent | Born outside India → parent must be Indian at time of birth + registered at Indian consulate. |
| 3. By Registration | Persons of Indian origin, spouses of Indian citizens, or minor children living in India for a prescribed period. |
| 4. By Naturalization | Foreigners residing in India for 12 years (with certain conditions) can apply. |
| 5. By Incorporation of Territory | If a territory becomes part of India (e.g., Sikkim), people become citizens automatically. |
Loss of Indian Citizenship
Citizenship can be lost in three ways:
| Mode | Meaning |
|---|---|
| 1. Renunciation | Voluntary giving up Indian citizenship (especially if another nationality is acquired). |
| 2. Termination | If a person voluntarily acquires another country’s citizenship. |
| 3. Deprivation | Government can cancel citizenship for fraud, disloyalty, criminal acts, etc. |
Single Citizenship
- India follows single citizenship like Britain.
- Unlike the USA, there is no separate citizenship for states.
Meaning:
- Indians are citizens of India as a whole, not separately of Bihar, Kerala, etc.
Persons of Indian Origin (PIO) and Overseas Citizens of India (OCI)
PIO Card:
- For foreign citizens of Indian origin. (Scheme now merged into OCI.)
OCI Card:
- Lifetime visa, multiple entries, no need for separate visa.
- Cannot vote, hold constitutional posts, or buy agricultural land.
Example:
- Indian-origin people settled in USA, UK holding OCI cards.
Citizenship Amendment Act (CAA), 2019 (Important Current Affairs)
Key Provisions:
- Fast-track citizenship for persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Afghanistan, Bangladesh.
- Applicable if they arrived before 31 December 2014.
- Excludes Muslims (controversial).
Key Points:
- Relaxed residence requirement from 11 years to 5 years.
- Does NOT apply to tribal areas of Assam, Meghalaya, Mizoram, Tripura.
Controversy:
- Critics argue violation of secularism (Art 14 — Right to Equality).
Important Constitutional and Legal Aspects
| Point | Explanation |
|---|---|
| Citizenship regulated under | Articles 5–11 + Citizenship Act, 1955 |
| CAA passed in | December 2019 |
| Multiple citizenship allowed? | No, only single citizenship allowed |
| Voting rights | Only Indian citizens can vote (Art 326) |
Difference between Citizen and Alien
| Citizen | Alien |
|---|---|
| Full political rights | No political rights |
| Can hold public office | Cannot |
| Protected by all Fundamental Rights | Only limited Fundamental Rights (like Art 21) |
Important Supreme Court Judgments
- Berubari Union Case (1960):
- Citizenship can be affected by transfer of territory.
- Pravasi Bhalai Sangathan Case (2014):
- OCI/PIO cards recognized but they are not full citizens.
Conclusion
Citizenship is at the heart of nationhood —
it determines who belongs to India, who enjoys its rights, and who is responsible for upholding its values.
The Constitution and laws try to balance between:
- protecting genuine citizens,
- maintaining national security,
- and respecting India’s diverse heritage.
In a world of increasing migration, the concept of citizenship remains dynamic and evolving.