Lesson 9 of 76 7 min Premium

The Union and its Territory; Citizenship

GS2 · Constitution Making and Basic Features

Part I: The Union and its territory (Articles 1–4)

Article 1 says "India, that is Bharat, shall be a Union of States". Ambedkar explained the choice of "Union": the Indian federation is not the result of an agreement among states (unlike the American federation), so no state has the right to secede. The territory of India includes (a) the territories of the states, (b) the Union territories and (c) any territory that may be acquired. "Union of India" (states only) is narrower than "territory of India" (states, UTs and acquired territory). The states and UTs are listed in the First Schedule; today there are 28 states and 8 Union territories.

Five-step flowchart of the Article 3 procedure from presidential recommendation to assent — Article 4 makes such laws ordinary legislation, not constitutional amendments.

Article 2 empowers Parliament to admit new states into the Union or establish new states (states that were not part of India, such as Sikkim in 1975 – through the 35th and 36th Amendments).

Article 3 empowers Parliament to reorganise existing states: form a new state by separation or union, increase or diminish the area of any state, or alter its boundaries or name. Two conditions apply: a bill can be introduced only with the prior recommendation of the President, and the President must refer it to the state legislature concerned for its views within a specified period. Parliament is not bound by those views. Ambedkar defended this flexibility: Indian states are "destructible", while the Union is "indestructible".

Article 4 declares that laws made under Articles 2 and 3 are not amendments under Article 368 – they are passed by a simple majority.

Cession of territory. In the Berubari Union case (1960) the Supreme Court held that Parliament's power under Article 3 does not cover cession of Indian territory to another country; that requires a constitutional amendment under Article 368 (hence the 9th Amendment, 1960). In 1969 the Court held that settling a boundary dispute does not need an amendment. The 100th Amendment (2015) gave effect to the Land Boundary Agreement with Bangladesh, exchanging 111 Indian enclaves for 51 Bangladeshi enclaves.

Reorganisation of states – the story

1948: the S.K. Dhar Commission recommended reorganisation on administrative convenience rather than language. The JVP Committee (Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya) also rejected language as the basis.
1953: Andhra State was created – the first linguistic state – after Potti Sriramulu died following a 56-day fast.
1953–55: the Fazl Ali Commission (members K.M. Panikkar and H.N. Kunzru) accepted language as a broad basis but rejected "one language one state". The States Reorganisation Act, 1956 created 14 states and 6 UTs.
Later: Maharashtra and Gujarat (1960); Nagaland (1963); Haryana (1966); Himachal Pradesh (state 1971); Manipur, Tripura and Meghalaya (1972); Sikkim (1975); Mizoram, Arunachal Pradesh (1987) and Goa (1987); Chhattisgarh, Uttarakhand and Jharkhand (2000); Telangana (2014).
2019: the Jammu and Kashmir Reorganisation Act split the state into two UTs – Jammu and Kashmir (with a legislature) and Ladakh (without one). In 2020, Dadra and Nagar Haveli and Daman and Diu were merged into one UT.

Map of India highlighting Chhattisgarh, Uttarakhand and Jharkhand (2000), Telangana (2014), the UTs of Jammu and Kashmir and Ladakh (2019) and Dadra and Nagar Haveli and Daman and Diu (2020) — Parliament reorganised these under Article 3 by simple majority.

Part II: Citizenship (Articles 5–11)

The Constitution deals only with who became a citizen at its commencement (26 January 1950). It left the acquisition and loss of citizenship after that date to Parliament (Article 11), which passed the Citizenship Act, 1955.

Art 5: persons domiciled in India and born in India, or either of whose parents was born in India, or ordinarily resident for five years before commencement.
Art 6: rights of certain persons who migrated from Pakistan (before 19 July 1948 – automatically if they had resided since migration; after that date – on registration).
Art 7: persons who migrated to Pakistan after 1 March 1947 but later returned under a permit for resettlement.
Art 8: persons of Indian origin residing outside India, by registration with diplomatic missions.
Art 9: no person is a citizen if they voluntarily acquired the citizenship of a foreign state.
Art 10: continuance of citizenship, subject to laws made by Parliament.
Art 11: Parliament may regulate citizenship by law.

The Citizenship Act, 1955

Acquisition: by birth, descent, registration, naturalisation and incorporation of territory.

Birth: born in India on or after 26 January 1950 but before 1 July 1987 – citizen regardless of parents' nationality; between 1 July 1987 and 3 December 2004 – at least one parent must be a citizen; on or after 3 December 2004 – both parents citizens, or one a citizen and the other not an illegal migrant.
Descent: born outside India to an Indian citizen, subject to registration at an Indian consulate.
Naturalisation: a foreigner (not an illegal migrant) ordinarily resident for 12 years, with conditions.

Timeline of three periods for citizenship by birth with the parental condition for each — The rules for citizenship by birth have tightened over time.

Loss: by renunciation (voluntary declaration), termination (automatically when a citizen voluntarily acquires another citizenship) and deprivation (by the Central government – for fraud, disloyalty, trading with an enemy during war, etc.).

Amendments. The 2003 amendment introduced the concept of "illegal migrant" in birth rules and the Overseas Citizenship of India (now OCI card – a lifelong visa, not dual citizenship; OCI holders cannot vote or hold constitutional offices). The Citizenship (Amendment) Act, 2019 provides a faster path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi and Christian migrants from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014, reducing the residence requirement for naturalisation to five years. Its rules were notified in March 2024. Areas under the Sixth Schedule and those covered by the Inner Line Permit are exempt.

Single citizenship

India has single citizenship – unlike the US, where people are citizens of both the federation and the state. However, the Constitution permits certain domicile-based benefits (for example, Article 16(3) allows Parliament to prescribe residence requirements for some state jobs). Rights available only to citizens include Articles 15, 16, 19, 29 and 30, the right to vote, and eligibility for offices such as President, Vice-President, judges of the Supreme Court and High Courts, Governor, Attorney General and Advocate General.

Common traps

A bill under Article 3 needs the President's recommendation; the state legislature's views are not binding.
Laws under Articles 2 and 3 are passed by simple majority and are not Article 368 amendments.
Ceding territory needs a constitutional amendment (Berubari, 1960); the 100th Amendment (2015) implemented the India–Bangladesh LBA.
OCI is not dual citizenship.

Practice: check your understanding

*Can Parliament rename a state without the state's agreement?* Yes. Under Article 3 the state's views must be sought, but they are not binding.
*Is an OCI cardholder an Indian citizen?* No. OCI gives a lifelong multiple-entry visa and some rights in economic and educational matters, but not voting rights or eligibility for constitutional offices.
*Why did the Berubari case matter?* It established that giving Indian territory to another country requires a constitutional amendment, not just a law under Article 3.

*Why is the 2004 cut-off important?* From 3 December 2004, a child born in India becomes a citizen by birth only if both parents are citizens, or one is a citizen and the other is not an illegal migrant – a rule introduced by the 2003 amendment to address illegal migration.

⚡ Quick revision

Art 1: Union of States – no right to secede; First Schedule: 28 states, 8 UTs
Art 2: admit/establish new states; Art 3: reorganise states (President's prior recommendation; state views non-binding)
Art 4: not an amendment under Art 368 (simple majority)
Andhra 1953 → Fazl Ali → SR Act 1956 (14 states, 6 UTs); Telangana 2014; J&K Reorganisation 2019
Citizenship: Arts 5–11 (at commencement); Citizenship Act 1955 – birth, descent, registration, naturalisation, incorporation
Loss: renunciation, termination, deprivation; CAA 2019 cut-off 31 Dec 2014

The constitutional provision that lets Parliament, by ordinary law, form new states, change the area, boundaries or name of any state, after the President refers the bill to the affected state legislature for its views, which are not binding.The article in Part XX that gives Parliament the constituent power to amend the Constitution and sets out the procedure, including when state ratification is required; its reach is limited by the basic structure doctrine.India's apex court under Articles 124–147; guardian of the Constitution and final court of appeal. Full coverage: The Supreme Court: Composition, Appointment and Jurisdiction.Formal changes to the text of the Constitution made by Parliament under Article 368, by special majority and, for provisions affecting the federal structure, with ratification by at least half the state legislatures.The Congress committee of Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya, set up in December 1948, which advised in April 1949 against immediate reorganisation of states on linguistic lines, citing national unity and security, while leaving room for change where demand was strong and agreed.Jawaharlal Nehru (1889–1964) was a leader of the Indian National Congress, a close associate of Gandhi and the first Prime Minister of India from 1947 until his death in 1964, best known for planned development, secularism and non-alignment.Sardar Vallabhbhai Patel (1875–1950) was a Congress leader from Gujarat who organised peasant satyagrahas, served as India's first Deputy Prime Minister and Home Minister, and led the integration of the princely states into the Indian Union.Redrawing of state boundaries on linguistic lines, notably under the States Reorganisation Act 1956. Full coverage: Linguistic Reorganisation of States.Two schedules under Article 244 that provide special administration for tribal regions: the Fifth for Scheduled Areas in most states, and the Sixth for autonomous tribal areas in Assam, Meghalaya, Tripura and Mizoram.The Fundamental Right guaranteeing equality of opportunity for all citizens in matters of public employment, while permitting reservations for backward classes, Scheduled Castes and Scheduled Tribes in promotions, and for economically weaker sections.The highest courts of the states (Articles 214–231), with writ jurisdiction under Article 226. Full coverage: High Courts and Subordinate Courts.