Miscellaneous

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# Creation and altering of States

CREATION AND ALTERING OF STATES

Article 3 – Provides power to the Parliament to:

• Form a new state.
• Increase the area of any state.
• Diminish area of any state.
• Alter the boundaries of any state.
• Alter the name of any state
• Procedure to create a new state Under Article 3
  • Prior referral to the concerned state legislature by the president
  • Opinion not binding; SL needs to give an opinion within specified limit.
  • President to give prior recommendation to introduce in Parliament.
  • Referral not required for subsequent changes in the Bill to the concerned State legislature.
  • Passed by Simple Majority [not a Constitutional Amendment Under Article 4]
  • Note: Can automatically amend Schedule I and Schedule IV.

# Citizenship

CITIZENSHIP

Article 5 to 8 – Deals with Persons who will automatically become citizens of India at the commencement of the constitution.

• Article 5 – citizenship for people at the commencement of the Constitution, i.e., at November 26th, 1949. Under this, citizenship is conferred upon those persons who have their domicile in Indian territory
• Article 6 – For persons who had migrated from Pakistan
  • before 19th July 1948
  • On or after 19th July 1948
• Article 7 – Deals with people who migrated to Pakistan (after 1st march 1947) and subsequently returned to India for resettlement.
• Article 8 – PIO deemed to be the citizens of India at the commencement of the constitution.
  • Deals with the rights of people of Indian origin residing outside India for purposes of employment, marriage and education.
• Article 9 – People voluntarily acquiring citizenship of a foreign country will not be citizens of India.
• Article 10 – Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be citizens and will also be subject to any law made by the Parliament.
• Article 11 – Acquisition and Termination of citizenship subsequent to the commencement of the constitution by a law of Parliament.For example, the Indian citizenship Act, 1955.

• The Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, the Citizenship (Amendment) Act, 2005 and the Citizenship (Amendment) Act, 2019.
• Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli (citizenship by right of birth within the territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

• Citizenship at the commencement of the Constitution
• Citizenship by birth
• Citizenship by descent
• Citizenship by registration
• Citizenship by naturalization
• By incorporation of territory (by the Government of India)

• BIRTH – Based on the concept of ‘Jus Soli’ (Right of soil)
• 26th Jan 1950 – 1st July 1987 – Condition: Any person born in India – Eligible to be a citizen.
• 2nd July 1987 – 2nd Dec 2004 – Condition:

a) Born in India

b) Either of the parents is a citizen of India

• 3rd December 2004 onwards – Condition:

a) Born in India

b) Either of parents Citizens of India

c) Either not an illegal migrant.

• DESCENT – Based on the concept of ‘Jus Sanguinis’ (Right of Blood)
• 26th Jan 1950 – 10th Dec. 1992 – Condition: Father is a citizen of India at the time of Birth.
• 11th Dec. 1992 – 2nd Dec 2004 – Condition: Either of Parents are Citizens of India.
• 3rd Dec. 2004 onwards – Condition: a) Either of the Parents is the Citizens of India. b) Birth registered in the India consulate.
• CITIZENSHIP BY REGISTRATION – Citizenship can also be acquired by registration. Some of the mandatory rules are:
• A person of Indian origin who has been a resident of India for 7 years before applying for registration.
• A person of Indian origin who is a resident of any country outside undivided India.
• A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
• Minor children of persons who are citizens of India.
• BY NATURALIZATION – A person can acquire citizenship by naturalization if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfills all qualifications in the third schedule of the Citizenship Act.

Termination of the citizenship is possible in three ways according to the Act:

• Renunciation – If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen.
• The child also loses Indian citizenship, but the child has the right to get the Indian citizenship back on reaching 18 years.
• Termination – Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the citizenship of any foreign country.
• Deprivation: The government of India can deprive a person of his citizenship in some cases.
• Example- Assisting enemy during war
• Indian citizenship if acquired by Fraud etc.

CITIZENSHIP AMENDMENT ACT, 2019

• The Act seeks to amend the Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of India.
• The legislation applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”. It aims to protect such people from proceedings of illegal migration.
• The amendment relaxes the requirement of naturalization from 11 years to 5 years as a specific condition for applicants belonging to these six religions.
• The cut-off date for citizenship is December 31, 2014, which means the applicant should have entered India on or before that date.
• The Act says that on acquiring citizenship: Such persons shall be deemed to be citizens of India from the date of their entry into India, and all legal proceedings against them in respect of their illegal migration or citizenship will be closed.

It also says people holding Overseas Citizen of India (OCI) cards –can lose their status if they violate local laws for major and minor offences and violations.

# Important Articles of Constitution

IMPORTANT ARTICLES

• Article 74 – Aid and advice of Council of Ministers.
• Article 75 – collective responsibility of Council of Ministers to Lok Sabha
• Article 163 – Aid and advice of Council of Ministers’ to Governor
• Article 164 – collective responsibility of state Council of Ministers
• Article 61 – Procedure of impeachment of President
• Article 72 – Pardoning powers of President
• Article 161 – Pardoning powers of Governor
• Article 85 – Sessions of Parliament, Prorogation and Dissolution (P)
• Article 174 – Sessions of State Legislature, Prorogation and Dissolution (G)
• Article 86 – Right of President to address and send messages to House of Parliament
• Article 87 – Special address by President (Note: Similar powers to Governor under article 175 and 176)
• Article 111 – Power of President to assent legislation.
• Article 200 – Power of Governor to assent legislation and reserve for consideration of the President.
• Article 201 – President to give assent to State Legislation.
• Article 108 – President to convene joint sitting
• Article 352 – Proclamation of National Emergency
• Article 355 – Centre to protect states from external aggression.
• Article 356 – Imposition of President Rule.
• Article 360 – Financial Emergency
• Article 358 – Automatic suspension of FRs during National Emergency.
• Article 359 – Suspension of Fundamental Rights by President’s order during National Emergency.
• Article 365 – State to comply with constitutional direction given by the centre.
• Article 102 – Disqualification of MP
• Article 191 – Disqualification of members of State Legislature
• Article 105 and Article 194 – Powers and privileges of MPs and State legislature
• Article 110 – Definition of Money Bill (P)
• Article 199 – Definition of Money Bill (State legislature)
• Article 117 – Financial Bills
• Article 368 – Constitutional Amendment Bills
• Article 112 and Article 202 – Annual Financial Statement (Parliament and State legislature)
• Article 266 – Consolidated Fund of India and Public Accounts of India and the states
• Article 267 – Contingency Fund of India and states
• Article 118 – Rules of Procedure in Parliament
• Article 169 – Creation and abolition of Legislative Council
• Article 249 – Rajya Sabha to pass special Resolution to enable Parliament to make laws on State list.
• Article 312 – Creation of All India Services
• Article 124 – Constitution of Supreme Court – i) Appointment ii) Removal etc.
• Article 131 – Original Jurisdiction of Supreme Court
• Article 136 – Special leave jurisdiction of Supreme Court
• Article 137 – Power to review its orders (Curative Petition)
• Article 141 – Order of Supreme Court binding on all other counts
• Article 142 – Extraordinary powers of Supreme Court
• Article 226 – Writ Jurisdiction of High Court
• Article 239 – UT’s to be administered by President
• 239A – Special status of UT of Puducherry
• Article 239AA – Special status to NCT of Delhi
• Article 256 – obligation of states to ensure compliance with laws made by Parliament.
• Article 279 A – GST Council.
• Article 280 – Finance Commission
• 324 – Election Commission
• Article 326 – Universal adult franchise
• Article 148 – Comptroller and Auditor General
• Article 315 – Public Service Commission
• Article 76 and Article 165 – Attorney and Advocate General.
• Article 338 B – National Commission for Backward Classes
• Article 123 and Article 213 – Ordinance making power of President and Governor.

# Schedules

FIRST SCHEDULE – Names and territory of – a) States b) Union Territories

SECOND SCHEDULE – Salaries and allowances of certain dignitaries

• President, Governors, Speaker and Deputy Speaker (Lok Sabha), Chairman and Deputy chairman (Rajya Sabha), Speaker and Deputy Speaker (Legislative Assembly), Chairman and Deputy Chairman (Legislative council), Supreme court judges, High court judges, CAG.

THIRD SCHEDULE – Forms of oath and affirmation

• Union ministers, State ministers, MPs, MLAs, Judges of Supreme Court and High Court, Candidates for Election to Parliament and State Legislature.

FOURTH SCHEDULE – Allocation of seats in council of states.

FIFTH SCHEDULE – Provisions as to Administration of scheduled areas and Scheduled Tribes.

SIXTH SCHEDULE – Provisions as to the Administration of Tribal areas in the state of Assam, Meghalaya, Tripura and Mizoram.

SEVENTH SCHEDULE [ARTICLE 246] – Union list, State list and Concurrent List

EIGHTH SCHEDULE – 22 languages in the schedule:

• 21st CAA- SINDHI
• 71st CAA- Manipuri, Nepali, Konkani
• 92nd CAA- Dogri, Bodo, Maithli, Santhali.
• 96th CAA- ‘ODIA’

NINTH SCHEDULE – contains a list of central and state laws which cannot be challenged in courts (added by the 1^st Constitutional Amendment Act, 1951)

• R Coelho case, 2007 [Laws placed subsequent to 24th April 1973 can be challenged on grounds of violation of Basic structure]. Laws placed before 24th April 1973 would continue to enjoy Blanket immunity.

TENTH SCHEDULE – lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature.

• Tenth Schedule was inserted in the Constitution in 1985 by the 52^nd Amendment Act.

ELEVENTH SCHEDULE [ARTICLE 243G] – contains the provisions that specify the powers, authority and responsibilities of Panchayats.

• It has 29 matters.
• Added by the 73^rd Amendment Act of 1992.

TWELFTH SCHEDULE [ARTICLE 243W] – deals with the provisions that specify the powers, authority and responsibilities of Municipalities.

# Important Constitutional Amendments

IMPORTANT CONSTITUTIONAL AMENDMENTS (CAA)

• 1st CAA (1951) – Article 31A and Article 31B inserted (IXth Schedule)
• 25th CAA (1971) – Article 31C inserted.
• 77th CAA (1995) – Reservation in Promotion
• 44th CAA (1976) – Right to Property (deleted)
• 86th CAA – Right to Education Article 21A inserted
• 42nd CAA (1976) –
  • i) Fundamental Duties inserted;
  • ii) Socialist, secular and integrity;
  • iii) Aid and advice binding on the President.
• 44th CAA –
  • i) Reconsideration by President once
  • ii) Written recommendation of cabinet (National Emergency)
• 39th CAA – election dispute of PM and speaker not to be challenged in court of law (Struck down by SC).
• 84th CAA – Census 1971 (Parliamentary and State Legislature)
• 91st CAA – 15% cap on Council of Ministers
• 52nd and 91st CAA – i) Anti Defection law ii) Xth Schedule
• 24th CAA – i) Power and Procedure to amend the Constitution (Article 368) ii) CAA not law within Article 13 (Article 13 (4)).
• 73rd CAA – i) Panchayats; ii) XIth Schedule
• 74th CAA – i) Municipalities; ii) XII Schedule
• 102nd CAA – National Commission for Backward Classes (Article 338B)
• 103rd CAA – Economically Weaker Sections reservation