Indian Polity Section-II(Part I to Part IVA)

September 21, 2018
Category: General Study

Indian Polity Section-II

As we know that, the Indian Constitution has XXII parts, 395 articles, 12 Schedules.

In this article, we cover from Part I to Part IVA of the Indian Constitution.

Which tell us how

  • Naming of territory
  • A list of state and union territory defined
  • The naming of states, changing area of states, the formation of new state and power of parliament regarding this.
  • People as Indian
  • How to be an Indian
  • People have some rights.
  • States having a list of duties.
  • People have some duties.

Means Indian Territory having States, every state having some duties and the people of any state tagged as Indian and every Indian having some rights with a list of duties.

Let’s discuss a little detail.

The Union and its territory (Part I of Constitution)

Article 1 states that “India that is bharat shall be the union of states.”

>> No State has the right to secede from the federation.
>> The country is divided into different states only for the convenience of Administration.

the territory of India can be classified into three groups.
1. States
2. Union Territory
3. Territories that acquired by India

Article 2 relates to the admission or establishment of new states that are not part of the Union of India.

Article 3 deals with the internal readjustment of the territory of the constituent states of the Union of India.

Name of the states and the union territories are mentioned in the first schedule of Constitution. Originally, the first schedule contains four categories of states and territories.

Part A provinces of British India
Part B princely states with legislature
Part C centrally administered state
Part D Andaman and Nicobar

After that many commission established for the better division of the territory of the union.

Dhar Commission (1948)

>> There has been a demand from different regions, particularly from South India for the reorganisation of state on a linguistic basis.

>> GOI appointed the linguistic province’s Commission under the chairmanship of SK Dhar to examine this whole Question.

>> Commission submitted its report on December 1948 and recommended that reorganisation of States on the basis of Administrative convenience rather than linguistic basis.

When people not satisfied with that report then congress government 

JVP Commission (1949)

It has three members for the question “reorganisation of states on the
linguistic basis”.

J  >>  Jawahar Lal Nehru 
V >> Vallabh Bhai Patel
P >> Pattabhi Sitaramayya 
Report submitted in April 1949 and rejected language as the basis for the reorganisation of state.
In October 1953, the government of India was forced to create the first linguistic states by strike Presently Andra Pradesh people.

Fazal Ali Commission (1956)

After creation of Andhra Pradesh, the demand  of applying a three-member state reorganisation commission namely Fazal Ali Commission

List of state with Formation Year

S.N. States S.N. Union Territory
1. Andhra Pradesh (1953) 1. Andaman and Nicobar Island
2. Assam (1950) 2. Chandigarh
3. Bihar (1950) 3. Dadra and Nagar Haveli
4. Gujarat (1960) 4. Daman and Diu
5. Kerala(1956) 5. Delhi
6. Madhya Pradesh (1956) 6. Lakshadweep
7. Tamil Nadu (1950) 7. Puducherry
8. Maharashtra (1960)
9. Karnataka (1956)
10. Orissa (1950)
11. Panjab (1956)
12. Rajasthan (1956)
13. Utter Pradesh (1950)
14. West Bengal (1950)
15. Jammu and Kashmir (1950)
16. Nagaland (1963)
17. Haryana (1966)
18. Himanchal Pradesh 
19. Manipur (1972)
20. Tripura (1972)
21. Meghalaya (1972)
22. Sikkim (1975)
23. Mizoram (1987)
24. Arunachal Pradesh (1987)
25. Goa (1987)
26. Chattisgarh (2000)
27. Uttarakhand (2000)
28. Jharkhand (2000)
29. Telangana (2014)

Article 4 states that laws made under article two and three to provide for the amendment of the first and the fourth schedule and supplemental incidental and consequential matters.

Citizenship (Part II of Constitution)

Article 5: Citizenship at the commencement of the Constitution

When Constitution was adopted for that time article 5 defined that “the citizenship for the people living in India as

  • Who was born in India or his parent born in India.
  • Who has been ordinary resident in the territory of India for not less than 5 years.

Article 6: Rights of citizenship of certain person who have migrated to India from Pakistan

a person who migrated to India from Pakistan became an Indian citizen if he or his Idea office parents are any of his grandparents was born in undivided India.

Article 7: Rights of citizenship of certain migrants to Pakistan

a person who migrated to Pakistan from India after 1 March 1947, but later returned to India for resettlement could become an Indian citizen for this he had to be residence in India for 6 month preceding the date of his application for registration.

Article 8:  Rights of citizenship of certain persons of Indian Origin residing outside India

A person who is ordinary residing outside India and whose parent or grandparents are born in undivided India become an Indian citizen if he had been registered as a citizen of India.
this article covers “the overseas Indian who may want to acquire Indian citizenship.”

Article 9: Person voluntary acquiring citizenship of a foreign state not to be citizen

no person shall be a citizen of India by virtue of article 5 and 6 and 8 if he he has voluntary acquire citizenship of a foreigner state.

Article 10: Continuance of rights of citizenship

person who is or is Deemed to be a citizen of India shall continue to be such citizen subject to the provisions of any law made by parliament.

Article 11: Parliament to regulate the right of citizenship by Law

when shall have the power to make any provisions with respect to the acquisition and termination of citizenship and all other matter relating to citizenship.

Single Citizenship in India and Japan.
Dual citizenship in UK, USA, Russia, France.

Single Citizenship is beneficial or dual?

Rights denied to the alien but only for citizen of India
Fundamental rights under article 15,16,19,29,30.

Single citizenship provide to the people of India to promote the feeling of fraternity and Unity among them and to build and integrated Indian nation.

Fundamental Rights (Part II of Constitution)

Originally the constitution provides for seven fundamental
1.Right to Equality (Article 14-18)
2.Right to freedom (Article 19-22)
3.Right against exploitation (Article 23-24)
4.Right to freedom of religion (Article 25-28)
5.Cultural and educational rights (Article 29-30)
6.Right to property (Article 31)
7.Right to constitutional remedies (Article 32)

Article 31 right to property was deleted from the list of the fundamental rights by the 44th Amendment Act of 1978.

So, there are mainly 6 Fundamental Rights.

besides the part III there are certain other rights contained in other parts of constitution are called as legal rights.

Directive Principle of State Policy (Part II of Constitution)

Directive Principles of State Policy borrowed from the Irish constitution which has copied from the Spanish constitution.

“Noble features of Indian Constitution” – Dr BR Ambedkar

Fundamental rights + directive principle of state policy called the philosophy of the constitution,
soul of the Constitution,
concise of the constitution.

Features of directive principle of State Policy

  • The ideas that the state should keep in mind while formulating policies and inacting laws.
  • it resembles the instrument of instructions enumerated in the Government of India Act 1935.
  • It constitutive very comprehensive economic social and political program for a modern democratic state.
  • These are non-justiciable in nature and the government cannot be compared to implement them.
  • in this regards article 37 says that which principle and fundamental in the governments of the country and it shall be the duty of the state to apply the principal in making laws.
  • It helps to the court in examining and determining the constitutional validity of a law.

Socialist (38 39 39A 41 42 43 43A 47)

Gandhian (40 43 43B 46 48 47)

Liberal (44 45 48 48 49 50 51)

fundamental rights vs Directive Principle of State Policy
fundamental rights vs Directive Principle of State Policy

Amendment in Directive Principle of State policy

Article 38 (44th amendment)
Article 39 (42th amendment)
Article 39A (42th amendment)
Article 45 (86th amendment)
Article 49 (7th amendment)
Article 43B (97th amendment)

Fundamental Duties (Part II of Constitution)

  • Originally Constitution does not contain any duty of the citizen.
  • Latter in 1976 the fundamental duties of the citizens were added in the constitution.
  • These duties are added from the constitution of USSR
  • none of the Constitution of France Germany Australia specifically contained a list of duties.
  • the socialist countries give equal importance to the fundamental rights and duties to their citizens.

Swaran Singh Committee Recommendation

In 1976, the Congress party at centre work on the bill of fundamental duties and made a committee targeted at the need and necessity of which was felt at the internal emergency 1975-77.

So Swaran Singh committee recommended to include a new part 43 with article 51A specified a code of 10 fundamental duties of citizen.

List of Fundamental Duties

  1. Abide by the Constitution and respect national flag & National Anthem
  2. Follow ideals of the freedom struggle
  3. Protect Sovereignty & integrity of India
  4. Defend the country and render national services when called upon
  5. Spirit of common brotherhood
  6. preserve composite culture
  7. Preserve natural environment
  8. Develop scientific temper
  9. Safeguard public property
  10. strive for excellence
  11. Duty goes all parents as guardians to send their children in the age group of 6-14 years to school.

Amendment in Fundamental Duties

Originally -10 duties

Now -11 duties (added by 86thAmendment ACT, 2002)

Again Revise in the Video Fundamental Rights, Directive Principle of State Policy, Fundamental duties

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