The union and its territory-The constitution of india

 

Part-1

   The union and its territory

Name and territory of the union –(1)india that is bharat shall be a union ofb states .

The territory of the territories there of shall be as specified in the frist sched –ule.

(3)the territory of india shall comprise-

(a) the territory of the status;

 

(b)  [ the union territories specified in the frist schedule :and ]

(c) such other territories as may be acquired.

2.Admission or establishment of new status.-parliament may by law ad-mit into the union ,or establish ,new status on such terms and condition as it thinks fit .

3[2A.sikkim to  be associated new states on such terms and conditions as it thinks fit .

3. formation of new states and alteration of areas , boundaries or names of existing states –parliament may by law –

(a) form a new state by separation of territory from any territory from any state by uniting two or more states or part of states or part of states or by uniting any territory to a part of any states ;

(b) increase the  area of any state;

(c) diminish the area of any state ;

(d) alter the name of any state :

(e) alter the name of any state:

[provided that no bill for the bil for the purpose shall be introduced in either house  of parliament  except on the recommendation of the president  and unless , house of  proposal contained in the bill affects the president and unless, where thee [***] ,the bill has been referred  by the  area  ,boundaries or name of the states expressing its views thereon within such period as may be specified in the reference or within such fuether period as the president may allow and period so specified or allowed has expired .]

[Explanation  I.-in this articls ,in (a) to (e),’’includes a union territory ,but in the proviso ,as the president may allow .

Territory , but in the proviso , state’’ dose not include a union territory.

1 . subs by the constitution (seventh amendment ) Act ,1956 ,sec. 2, for clause (2).

2 . subs by the constitution (seventh amendment ) Atc,1956, sec, 2 the ,for sub-clause(b).

 

 

 For the perpose of securing such uniformity among the stetus inter se as well as parity between the status as a whole and the union ,the number of status inter se as well as parity between the status as a whole and the union, the number of votes which each elected member of parliament and of the legislative assembly of each status is entitled to cast at such election shall be determinted in the following manner –

If after taking the said multiples of one thousand in the remainder is not less than five hundred , then the vote of each member referred to in sub –clause

(c) each elected member of either house of parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the member of the  legislstive  assemblies of the stetus under sub-clauses  (a) and members of the elected mumber of both  house of parliament ,fraction mumber the stetus and the  means with the sysem of proptise the electronic figure in the case where such parsen has been registred  as a citizen of india on an application made by him there for to such officer before the commencement provided that no person shall be so registered unless he been resident in the territory of india for at least six month immediately preceding the date of his application .

7. rightes of citizem ship of certain migrants to pakistan .- nnotwhithstanding anything in articles 5 and 6 a parson who has after the frist day of march ,1947 be deemed to be a citizen of india ;

Provided that nothing in this articles shall apply to a person  who ,after having so migrated to the territory now included in Pakistan , has returned to the territory of india of any law and every such person shall for purpose of clause (b) of articles 6 be deemed to have migrated to the territory of the nineteenth day of july 1948.

8 . Rights of citizenship of certain parsons of india origin residing out –side india .-  Notwithstanding anything in articles 5 ,any person who or either of Government of india Act. 1935 (as originally enacted ), and who is ordinarily residing in the any country outside india as a citiiiizen as so defind shall be deemed to be a citizen of india if he has been registered as a citizen of india by the time benig residing on an application made by him there for to such diplomatic or constitution ,in the from and manner perseribed by Government of the dominion of india or the Government of the dominion of india or the Government of india .

9 . persons voluntarily acquiring citizen ship of a foreigen state not to be citizens – No person shall be a citizen of india by virtue of article 5 , or be deemed to be a citizen of indsia ny virtue of article  6 or article 8 ,if he has voluntarily acquired by the citizen ship of any foreign state .

10 . Continuance of the acquiring citizenship – Every person who is or deemed to be a citizen of india under any of the foregoing power provision of this part shall subject to the provisions of any law that may be made by parliament , continue to be citizen ship .

11 . parliament to regulate the right of citizen ship by law-nothing in the foregoing provision of this part shall derogate from the power of parliament to main any provision with respect to the acquisition and termination of citizen and other matters relathing to citizenship

12 .Definition ,- In this part ,unless the context otherwise requires , “ the state includes the Government and parliament of india and the Government of india and the government and the legis or under the control of the  Government of india .

                                        Notes

Assam small scale industries development corporation  Ltd . is a statutory body and so is a statet within the meaning of articles 12 of india .[assam small scale 1nd .dev . corporate Ltd . Vs .J.D. pharmaceuticals, AIR 2006 .SC.13]

BCCI is not financially ,or administratively dominated by Government  nor it under control of Government ,therefore not a state ;[zee telefilms Ltd .Vs. union of india ,AIR 2005 sc 2677]

N.C.E.R.T. is not a “state “  within the meaning of articles 12 of constitution of mening of articles .

13. Law inconsistent with or derogation of fundamental rights –

(1) all laws  in force in the territory of india immediately before the commencement ofthis constitution ,in so far as they are inconsistent with the provision of this part shall to the extent of such inconsistency , be void .

(2) the state shall not make  any law which takes away                                                 or abridges the right conferred by this part and any law made in contravention of this clause shall , to be extent of the contravention , be void.

(14) Equality before law – The state shall not deny to any person equality ben fore the law or the equal protection of the law has been taken from American con-stitution .