Pariksha SaathiLesson 2 of 10 · Indian Polity and Constitution
Preamble, Union and Its Territory (Articles 1-4) and Citizenship (Articles 5-11)
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What the Preamble says
The Preamble opens with We, the people of India, showing that the Constitution draws its authority from the people. It declares India a Sovereign, Socialist, Secular, Democratic Republic and promises all citizens Justice (social, economic and political), Liberty (of thought, expression, belief, faith and worship), Equality (of status and of opportunity) and Fraternity (assuring the dignity of the individual and the unity and integrity of the Nation). It ends with the date of adoption, 26 November 1949. The ideal of justice was drawn from the Russian Revolution, and liberty, equality and fraternity from the French Revolution.
Its status and its one amendment
The Preamble is based on Nehru's Objectives Resolution. In the Berubari Union reference (1960) the Supreme Court said it was not part of the Constitution, but in Kesavananda Bharati (1973) it held that it is, so it can be amended under Article 368 without touching the basic structure. It has been amended only once, by the 42nd Amendment (1976), which added Socialist, Secular and Integrity. It is not enforceable in a court and is neither a source of power nor a limit on power, but it guides interpretation where an article is ambiguous. K.M. Munshi called it the political horoscope of the Constitution.
A Union of States
Article 1 says India, that is Bharat, shall be a Union of States. Ambedkar explained that Union means the federation did not arise from an agreement among states and no state can secede. Article 2 lets Parliament admit or establish new states; Sikkim became an associate state by the 35th Amendment (1974) and a full state by the 36th (1975). Article 3 lets Parliament form a new state or change the area, boundaries or name of a state by a simple-majority law; the bill needs the President's prior recommendation, and the President must refer it to the state legislature for its views, which are not binding. Article 4 says such laws are not amendments under Article 368. Ceding territory to a foreign country, however, needs a constitutional amendment (Berubari, 1960), hence the 9th Amendment (1960) and the 100th Amendment (2015) on the land boundary agreement with Bangladesh.
Reorganisation of states
When the Constitution came into force in 1950, the states were grouped into Part A, B, C and D categories. The S.K. Dhar Commission (1948) preferred administrative convenience to language, and the JVP Committee of Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya also rejected language as the basis in 1949. After Potti Sriramulu died in December 1952 on a fast unto death, Andhra State was created on 1 October 1953 as the first linguistic state. The States Reorganisation Commission of December 1953, under Fazl Ali with K.M. Panikkar and H.N. Kunzru, accepted language as a broad basis in 1955 but rejected one language, one state. The States Reorganisation Act 1956 and the 7th Amendment (1956) abolished the four categories and created 14 states and 6 union territories from 1 November 1956.
Citizenship in the Constitution
Part II (Articles 5 to 11) only identified who became a citizen on 26 January 1950: persons domiciled in India (Article 5), migrants from Pakistan (Article 6), those who went to Pakistan but returned under a resettlement permit (Article 7) and persons of Indian origin abroad (Article 8). Under Article 9, voluntarily acquiring a foreign citizenship ends Indian citizenship, and Article 11 gives Parliament full power to regulate citizenship. India has single citizenship, taken from Britain, and some rights are for citizens only, such as those in Articles 15, 16, 19, 29 and 30.
Acquiring citizenship under the 1955 Act
The Citizenship Act 1955 provides five ways. By birth: a person born in India from 26 January 1950 to 30 June 1987 is a citizen whatever the parents' nationality; one born from 1 July 1987 to 2 December 2004 if either parent was a citizen; one born on or after 3 December 2004 if both parents are citizens, or one is a citizen and the other not an illegal migrant. By descent: birth abroad to an Indian parent, subject to registration. By registration: persons of Indian origin, spouses of citizens and similar categories. By naturalisation: a foreigner resident in India for 12 months before applying and for 11 of the 14 years before that; the Citizenship (Amendment) Act 2019 provides that Hindu, Sikh, Buddhist, Jain, Parsi and Christian migrants from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014 are not to be treated as illegal migrants, and cuts the 11 years to 5 for them. By incorporation of territory, as when Goa became part of India.
Losing citizenship
Renunciation is voluntary: an adult citizen makes a declaration, and a minor child of that person also loses citizenship but may resume it within a year of turning 18. Termination is automatic when a citizen voluntarily acquires another country's citizenship, except during a war in which India is engaged. Deprivation is compulsory termination by the Central Government of citizenship acquired by registration or naturalisation, for fraud, disloyalty to the Constitution, helping an enemy in war, imprisonment for 2 years within 5 years of registration or naturalisation, or 7 years' continuous residence abroad.
Key facts
- Preamble amended only once: the 42nd Amendment (1976) added Socialist, Secular and Integrity.
- Is the Preamble part of the Constitution? Berubari Union 1960 said no; Kesavananda Bharati 1973 and LIC of India 1995 said yes.
- Article 1: India, that is Bharat, shall be a Union of States; Union because no state can secede and the federation did not arise from an agreement among states.
- Article 3 law (new state, change of area, boundary or name): simple majority, President's prior recommendation, state legislature's views not binding; Article 4: not an amendment under Article 368.
- First linguistic state: Andhra State, 1 October 1953, after Potti Sriramulu's death on a fast unto death in December 1952.
- States Reorganisation Commission (1953-55): Fazl Ali, K.M. Panikkar, H.N. Kunzru; the 1956 Act and 7th Amendment created 14 states and 6 union territories on 1 November 1956.
- Later states: Maharashtra and Gujarat 1960, Nagaland 1963, Haryana 1966, Himachal Pradesh 1971, Manipur, Tripura and Meghalaya 1972, Sikkim 1975, Mizoram, Arunachal Pradesh and Goa 1987, Chhattisgarh, Uttarakhand and Jharkhand 2000, Telangana 2014.
- Citizenship Act 1955: five ways to acquire (birth, descent, registration, naturalisation, incorporation of territory) and three ways to lose (renunciation, termination, deprivation).
- Citizen-only rights: Articles 15, 16, 19, 29 and 30; Article 9: voluntarily taking foreign citizenship ends Indian citizenship; Overseas Citizenship of India (2005) is not dual citizenship.
- Birth rule cut-offs: born in India from 26 January 1950 to 30 June 1987 - citizen whatever the parents' nationality; 1 July 1987 to 2 December 2004 - if either parent is a citizen; on or after 3 December 2004 - both parents citizens, or one a citizen and the other not an illegal migrant.
Quick revision
Preamble: Sovereign Socialist Secular Democratic Republic; justice, liberty, equality, fraternity; 42nd Amendment 1976 its only amendment; Kesavananda 1973: part of Constitution; Art 1 Union of States; Art 3 new states by simple majority, Art 4 not an Art 368 amendment; Andhra 1953 first linguistic state; SRC Fazl Ali 1953-55; 14 states and 6 UTs on 1 Nov 1956; Arts 5-11 citizenship; 1955 Act: 5 ways to acquire, 3 to lose.