**Page 1**
**Intra Vires and Ultra Vires**
* **Intra Vires:** If the laws of the legislature and the actions of the government administration are within the jurisdiction of the constitution and in accordance with it, they are considered valid. This is termed "Intra Vires," especially when mentioned by the judiciary in a judgment.
* **Ultra Vires:** If the laws of the legislature and the actions of the government administration are *contrary* to the constitution, the judiciary's determination of this is called "Ultra Vires."
**Judicial Review in India**
* The concept of judicial review has been exercised by the Indian judiciary in numerous cases, starting with cases related to the Union of India in 1951 and extending to cases like *Ashok Kumar Thakur Vs Union of India* in 2008.
* Although the term "Judicial Review" isn't explicitly mentioned in the Indian Constitution, the principles of judicial review are present in various contexts.
**Commissions with Independent Constitutional Status**
* **Article 324:** Provides for an Election Commission to conduct elections in India impartially, fairly, and freely.
* **Article 148:** Provides for a Controller and Auditor General (CAG) to audit the expenses and accounts of the Central and State Governments.
* **Article 315:** Provides for Public Service Commissions at the central and state levels to recruit employees based on merit, aiming for quality services.
* **Article 285:** Provides for a Central Finance Commission to oversee the distribution of revenue between the Central and State Governments.
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**Page 2**
**Basic Structure Doctrine**
* The Supreme Court of India introduced the "Basic Structure Doctrine" in the landmark *Kesavananda Bharati* case (1973).
* This doctrine holds that while Parliament has the power to amend the Constitution, it cannot alter its fundamental structure or essential features.
* The Supreme Court did not provide an exhaustive definition of "basic structure."
* Chief Justice S.M. Sikri, in the *Kesavananda Bharati* case, indicated that aspects like sovereignty, liberty, the democratic system, justice, freedom, and equality are considered part of the basic structure.
* Subsequent cases like *Raj Narain Vs Indira Gandhi*, the *Minerva Mills* case, the *LIC of India* case, and the *S.R. Bommai* case further elaborated on the basic structure. Elements considered part of the basic structure include:
* Sovereignty
* Secularism
* Parliamentary form of government
* Fundamental Rights
* Equality
* Welfare state principles
* Federalism
* Republican form of government
**Single Citizenship**
* India provides for single citizenship.
* The idea of citizenship was inspired from Britain.
* In 2004, dual citizenship for NRIs (Non Resident Indians) was introduced.
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**Page 3**
**Unified Judiciary**
* India has a unified judiciary, meaning a single, integrated judicial system. This structure was also inspired by the British system.
* In a unified judiciary, higher courts have supervisory jurisdiction over lower courts.
* Higher courts issue orders that lower courts must follow.
* Higher courts must be consulted in the appointment of judges.
* Unlike some federal systems, India does not have separate judicial systems for the central government and the states.
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**Page 4**
**Part I of the Indian Constitution (Articles 1-4)**
* Deals with the Union and its territory.
* **Article 1:** Defines India as a "Union of States."
* Although India follows a federal system, the word "federation" is not used in the Constitution.
* Instead of "federation" or "central government," the term "Union" is used.
* This was inspired by the Canadian model and adopted on the suggestion of Dr. B.R. Ambedkar.
* In the *S.R. Bommai* case (1994), the Supreme Court held that federalism is a part of the basic structure of the Constitution.
* Article 1 describes:
* The states and their territories.
* Union territories and their territories.
* Acquired territories. [Territories that may be acquired by India in the future.]
* Examples of acquired territories.
* 1974 - Sikkim joined India.
* Dadra and Nagar haveli, Goa, Daman and Diu & Pondicherry.
* Parliament has the final power related to the territory of India.
* Parliament can make internal territorial changes.
* Parliament can transfer Indian territories to other countries.
* Parliament can merge territories of others countries to India.
* Ex: 1960 - Beru-Bari area was transferred to Pakistan.
* Kooch Behar Islands were acquired.
* 1975 - Sikkim was merged into India.
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**Page 5**
* **Article 3:** Parliament has the power to reorganize the states of India. This includes:
* (a) Forming new states.
* (b) Changing the names of states.
* (c) Altering the boundaries of states.
* (d) Separating territory from a state.
* (e) Merging territories of states with other states.
* Bills related to state reorganization can be introduced in either house of Parliament.
* The President's prior recommendation is required before introducing such a bill.
* The President may seek the opinion of the concerned state legislature.
* The President should specify a time limit for the state legislature to express its views, or extend the time limit.
* The Central Government (Parliament) is not bound by the state legislature's opinion.
* Parliament can pass a state reorganization bill by a simple majority.
* There is no provision for a joint sitting of Parliament in case of disagreement between the two houses on such a bill.
* Changes are made to the First Schedule [which lists the states and union territories] when states are reorganized.
* The Fourth Schedule [which deals with the allocation of seats in the Rajya Sabha] must be amended when new states are formed.
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**Page 6**
* When the Indian territories are transferred, constitution should be amended.
* Supreme court gave verdict in 1960, Beru-Bari case.
* Based on Beru-Bari case judgement, using 9th Constitutional amendment, Beru-Bari region was handed over to Pakistan.
* India can be considered as "Indivisible union with divisible states".
* No state has rights to get separated from Indian Union.
* Because, ours is not a federation based on agreement.
**Reorganization of States**
* In 1950, constitution was started. Then the territories are divided in to 4 parts.
* I. PART-A States : (Former British ruled regions). Their count is 9.
* II. PART-B States : (States with individual governing bodies, ruled by kings). Their count is 10.
* III: PART-C States : (Princely States and regions ruled by Chief Commissioner). Their count is 9.
* IV. PART-D States : (Andaman Nicobar Islands).
* Reorganization of states should happen based on language - this was a strong demand since beginning of 20th Century.
* Based on Robert Risley's report in 1905, Lord Curzon divided Bengal.
* The protest for Bengal division raised a demand - All Bengal speakers should be in one state.
* In 1911, Lord Hardinge cancelled Bengal division.
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**Page 7**
* This led to the "one language, one state" proposal in India.
* The 1913 Andhra Mahasabha meeting in Bapatla demanded a separate Andhra State.
* In 1921, Mahatma Gandhi suggested that the Indian National Congress committees should be organized on a linguistic basis.
* The Congress meeting in 1927 passed a resolution supporting formation of States on linguistic basis.
* The Nehru Report of 1928 also supported the formation of linguistic states.
* In 1931, during the Round Table Conference in London, Dr. Pattabhi Sitaramaiah suggested to Gandhiji that the formation of a separate Andhra State should be presented as a demand.
* In 1942, cricketer Sir Vijay met with Cripps mission and asked for a separate Andhra state.
* The Indian National Congress, in its 1945 Legislative Assembly election manifesto, promised the formation of linguistic states.
* In 1948, during a visit to Visakhapatnam, Nehru stated that the formation of a separate Andhra State was under consideration.
* **S.K. Dhar Commission**: Appointed by Rajendra Prasad, the Chairman of the Constituent Assembly.
* This commission was formed to examine the possibility for Linguistic States.
* The commission includes S.K. Dhar, Panna Lal, and Jagat Pranarayangilal.
* S.K. Dhar Commission opposed creation of states based on linguistic basis.
* They have suggested, reorganization of states should be based on development, governance, and other similar parameters.
* There were strong protests in Andhra against the Dhar Commission report.
* **JVP Committee**:
* Formed by the Congress in December 1948 to re-examine the issue of state reorganization.
* The committee included Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya.
* The JVP Committee suggested that while language could be a factor, considerations like administration, development, and national unity should also be taken into account.
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**Page 8**
* The formation of a separate Andhra State should be given special attention.
**Formation of Andhra State**
* On August 15, 1952, Gollapudi Sitarama Sastri began an indefinite fast for the creation of a separate Andhra State.
* On the 35th day of the fast, he broke his fast following the advice of Acharya Vinoba Bhave.
* On October 19, 1952, Potti Sriramulu began a fast unto death at the residence of Bulusu Sambamurthy in Madras (now Chennai) for a separate Andhra State.
* On the 50th day of the fast, Nehru, visiting Madras, stated that the formation of a separate Andhra would not be difficult if Madras was relinquished [by Andhra].
* On December 15, 1952, Potti Sriramulu died, leading to increased violence and protests.
* On December 19, Nehru announced in Parliament the formation of a separate Andhra State.
* A committee headed by Kailasanath Wanchoo was formed to suggest the modalities for the new state.
* Following the recommendations of the S.N. Mishra Committee, Bellary was merged with Mysore.
* A separate Andhra State with 11 districts was announced on October 1, 1953.
* The formation of the state followed the "Sri Bagh Pact" of 1937.
* This pact was signed by leaders from Andhra and Rayalaseema.
* As per this agreement, capital will be in Rayalaseema and High Court will be in Andhra.
* As per Tanguturi Prakasam Pantulu: The Capital was Kurnool, and High court was in Guntur.
* First Governor of Andhra - C.M. Trivedi
* First Chief Minister of Andhra - Tanguturi Prakasam Pantulu.
* First Deputy Chief Minister - Neelam Sanjeeva Reddy.
* Last Chief Minister of Andhra - Bezawada Gopala Reddy.
* Chief Justice of the High Court established in Guntur in 1954: Justice Koka Subbarao.
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**Page 9**
* In 1952, the Nehru government formed a separate commission for the reorganization of states in the country.
**Fazal Ali Commission (States Reorganization Commission)**
* Formed in December 1952 to recommend the reorganization of states.
* Members:
1. Sardar K.M. Panikkar
2. Pandit Hridayanath Kunzru
* This commission is also known as the States Reorganization Commission.
* The commission submitted its report to the Central Government in 1955.
* **Key Recommendations:**
* The existing regional divisions (Parts A, B, C, and D states) should be reorganized into two categories:
* States
* Union Territories
* Parts A, B, C, and D states should be abolished.
* 16 states and 3 Union Territories should be formed.
* The commission *rejected* the "one language, one state" principle.
* It suggested that history, culture, geographical contiguity, national unity, and language should be considered *along with* other factors.
* Recommended the establishment of Zonal Councils.
* Recommended the establishment of a National Minority Languages Office.
* The Central Government approved the commission's report with some modifications in 1956.
* The States Reorganization Act, 1956, was passed, creating 14 states and 6 Union Territories.
* The 7th Amendment to the Constitution in 1956 abolished Part VII (related to Part B states) to facilitate the reorganization.
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**Page 10**
**States as of 1956 (after reorganization):**
1. Assam
2. Bihar
3. Bombay
4. Jammu & Kashmir
5. Kerala
6. Madhya Pradesh
7. Madras
8. Mysore
9. Orissa
10. Punjab
11. Uttar Pradesh
12. Rajasthan
13. West Bengal
**Union Territories:**
1. Delhi
2. Himachal Pradesh
3. Laccadive, Minicoy, and Amindivi Islands
4. Andaman and Nicobar Islands
5. Tripura
6. Manipur
**Formation of Andhra Pradesh**
* When India got independence, Nizam did not join Hyderabad state in to India.
* Nizam declared either to join in Pakistan or to be independent.
* Arya mahasabha, and Congress started a movement demanding to join Hyderabad in India.
* In 1946, Communists started "Telangana Armed Struggle".
* Indian forces conducted "Operation Polo" on Hyderabad.
* Hyderabad got independence on 17 Sep 1948.
* Mir Usman Ali Khan signed on merger documents.
* Major Choudary ruled Hyderabad till Dec 1948 as representative of Indian Forces.
* From merger of Hyderabad in India till formation of Andhra Pradesh, Mir Usman Ali Khan continued as "Raj Pramukh".
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**Page 11**
* From 1949 to 1952 till first general elections, M.K. Vellodi worked as first administrator of Hyderabad.
* After first general elections in 1952, Burgula Ramakrishna Rao became the first chief minister of Hyderabad state.
* In 1948, "Vishalandhra Mahasabha" was started under the leadership of Ayyadevara Kaleswara Rao.
* The goal is to unite Telugu speaking regions into a single state.
* Major political parties in Telugu speaking regions - communists, and majority of the congress leaders supported United State.
* Fazal Ali commission left the decision of United State to Hyderabad Legislative Assembly.
* Fazal Ali suggested that they should be separate states till 1961 and then take a decision.
* In 1956, voting was conducted in Hyderabad Legislative Assembly for united state. 103 supported, 29 opposed, and 15 members were neutral.
**Gentlemen's Agreement (Pedda Manushula Oppandam)**
* On 20th Feb 1956, 8 leaders from Telangana and Andhra signed an agreement in Delhi.
* Signatories:
1. Burgula Ramakrishna Rao
2. K.V. Ranga Reddy
3. J.V. Narsing Rao
4. Dr. Marri Chenna Reddy
5. Bezawada Gopala Reddy
6. Alluri Satyanarayana Raju
7. Neelam Sanjeeva Reddy
8. Gouthu Latchanna
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**Page 12**
**Key points of the Gentlemen's Agreement:**
* If the Chief Minister is from Andhra, the Deputy Chief Minister should be from Telangana, and vice-versa.
* Income generated from Hyderabad region should be spent for the development of the same.
* 20% of seats in professional courses should be reserved for students from this region (Telangana).
* There should be regional reservations in government jobs.
* Andhra Pradesh was formed on November 1, 1956, based on the Gentlemen's Agreement.
* **States celebrating their formation day along with Andhra Pradesh:**
1. Karnataka
2. Chhattisgarh
3. Haryana
4. Madhya Pradesh
5. Kerala
* First Chief Minister of Andhra Pradesh: Neelam Sanjeeva Reddy
* First Governor of Andhra Pradesh: C.M. Trivedi
* First Chief Justice of the Andhra Pradesh High Court: Justice Koka Subbarao
* **States Formed After 1956:**
* **1960:** Bombay State was divided. Gujarat was formed as the 15th state for Gujarati-speaking people, including Saurashtra. The remaining Marathi-speaking region of Bombay State was renamed Maharashtra.
* The remaining part of Bombay after separating Gujarat, was renamed to Maharashtra.
* **16th State (1963):** Nagaland was formed as the 16th state by reorganizing Assam, giving statehood to the Naga-majority areas.
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**Page 13**
* **1966:** Punjab was reorganized. Master Tara Singh and Sant Fateh Singh led a movement demanding that Punjab should be for Punjabis (Sikhs) only, and Hindi-speaking areas should be separated.
* **17th State:** Following the recommendations of the Shah Commission, Haryana was formed in 1966 for Hindi-speaking people.
* Chandigarh became a Union Territory and the joint capital of Punjab and Haryana.
* Some hill regions of Punjab was merged in to Himachal Pradesh.
* **18th State (1971):** Himachal Pradesh, which was a Union Territory until 1971, was granted statehood.
* **19th State (1972):** Meghalaya was formed by reorganizing Assam.
* **20th and 21st States (1972):** Manipur and Tripura, which were Union Territories, were granted statehood.
* **1974:** Sikkim was initially given the status of an "Associate State."
* **22nd State (1975):** Sikkim was granted full statehood through the 36th Amendment to the Constitution.
* **23rd State (1986):** Mizoram was granted statehood through the 53rd Amendment during Rajiv Gandhi's tenure.
* **24th State (1987):** Arunachal Pradesh was granted statehood through the 55th Amendment.
* **25th State (1987):** Goa was granted statehood through the 56th Amendment. Daman and Diu remained a Union Territory.
* **Most Recent State Reorganization (2000):** During the NDA government, three new states were formed:
* **(a) 26th State:** Chhattisgarh (from Madhya Pradesh on November 1)
* **(b) 27th State:** Uttaranchal (from Uttar Pradesh on November 9) - later renamed Uttarakhand.
* **(c) 28th State:** Jharkhand (from Bihar on November 15)
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**Page 14**
**Regions Demanding Separate Statehood**
1. Kodagu - Karnataka
2. Vidarbha - Maharashtra
3. Telangana - Andhra Pradesh
4. Saurashtra - Gujarat
5. Ladakh - J&K
6. Bundelkhand and Harit Pradesh - Uttar Pradesh
* Vanaanchal
7. Gorkhaland - Darjeeling district of West Bengal
8. Bodoland - Assam
**Union Territories**
* In 1956, at the time of the reorganization of states, there were 6 Union Territories.
* Three of those six Union Territories were later granted statehood, leaving the following three as continuing Union Territories:
1. Delhi
2. Andaman and Nicobar Islands
3. Lakshadweep
* Dadra and Nagar Haveli was liberated in 1954 but was given Union Territory status in 1961 through the 10th Amendment.
* Goa, Daman, and Diu were liberated from Portuguese rule in 1961 and given Union Territory status in 1962 through the 12th Amendment.
* Pondicherry (Puducherry) was liberated from French rule in 1954 but was given Union Territory status in 1962 through the 14th Amendment.
* Chandigarh was made a Union Territory in 1966 when Punjab was reorganized.
* Currently, there are 7 Union Territories in India.
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**Page 15**
**Name Changes of States and Union Territories**
* 1950: United Provinces was renamed Uttar Pradesh.
* 1960: Bombay State was divided into Maharashtra and Gujarat
* 1969: Madras was renamed as Tamil Nadu.
* 1973: Mysore was renamed as Karnataka.
* 1973: Laccadive, Minicoy, and Amindivi Islands were renamed Lakshadweep.
* 2006: Uttaranchal was renamed Uttarakhand.
* 2006: Pondicherry was renamed Puducherry.
* 2007: Assam State was renamed as Asom.
* Orissa is to be renamed Odisha.
**Zonal Councils**
* Zonal Councils were established based on the recommendations of the Fazal Ali Commission in 1956.
* These are established based on States Reorganization Act - 1956.
* These are statutory bodies, but they are advisory in nature.
* When these were started in 1956, there were 5 Zonal Councils.
* The North Eastern Council was established in 1971.
* North East Zonal Council was started in 1972.
* When Sikkim joined India, it became part of East Zonal Council. But in 1994, it was transferred to North East Zonal Council.
* **Members of a Zonal Council:**
* A Union Cabinet Minister nominated by the Central Government.
* One representative from the Planning Commission.
* The Chief Ministers of the states and administrators of the Union Territories within the zone.
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**Page 16**
* Zonal Council meetings should be conducted twice a year.
* A Union Cabinet Minister can act as a chair person for the meeting. Currently, Union Home Minister is acting as a chair person.
* Chief Ministers of the states within a zone will act as vice-chairpersons by rotation.
* North-East Council's chairman is the governor of Assam.
* **Key functions:**
* To establish cooperative relationships between central and state governments.
* To promote discussions on issues of regional development, fostering cooperation between states.
* Focus on development of Scheduled Castes, and Scheduled Tribes.
* To find resolutions to challenges faced by the states in a zone and to encourage cooperation between Center and States and also among States.
* To improve cooperation among states to maintain law and order and fight extremism.
* **Zonal Councils in India:**
1. **Northern Zonal Council:** Jammu & Kashmir, Haryana, Punjab, Rajasthan, Himachal Pradesh, Delhi (UT), Chandigarh (UT).
* [Headquarters: Delhi]
2. **Western Zonal Council:** Gujarat, Goa, Maharashtra, Daman and Diu (UT), Dadra and Nagar Haveli (UT).
* [Headquarters: Mumbai]
3. **Southern Zonal Council:** Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Lakshadweep (UT), Puducherry.
* Headquarters is in Chennai.
**UT** - Union Territory
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**Page 17**
4. **Central Zonal Council:** Madhya Pradesh, Chhattisgarh, Uttar Pradesh, Uttarakhand.
* [Headquarters: Allahabad]
5. **Eastern Zonal Council**: West Bengal, Bihar, Jharkhand, Orissa.
*(Andaman and Nicobar Islands (UT))
* [Headquarters: Kolkata]
6. **North-Eastern Council:** Assam, Sikkim, Manipur, Tripura,
Meghalaya, Mizoram, Arunachal Pradesh, and Nagaland.
* [Headquarters: Guwahati]
**UT** - Union Territory
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**Page 18**
**Part II of the Indian Constitution: Citizenship**
*(Articles 5-11)*
* The concept of citizenship first originated in ancient Greek city-states.
* The political philosopher Aristotle defined the state as a "community of citizens."
* The concept of citizenship gained prominence with the rise of modern nation-states.
* Citizenship indicates a person's legal status or legal standing.
* Citizens enjoy full rights and privileges granted by the state.
* Foreigners do not have political rights.
* India derived the concept of citizenship from Britain.
* India has Single Citizenship.
* Citizenship related matters come under central list.
* Part II of the Indian Constitution deals with Citizenship.
* Parliament has power to make laws related to Citizenship.
* **Article 5:** At the commencement of the Constitution, persons domiciled in India were considered Indian citizens. This included:
* Those who had been ordinarily resident in India for at least 5 years immediately preceding the commencement of the Constitution.
* Persons of Indian origin who had children born abroad.
*This does not apply to foreign ambassadors, diplomats, or those visiting India for personal purposes.*
* **Article 6:** Deals with the citizenship of persons who migrated from Pakistan after the partition. Those who registered themselves with the relevant authorities before July 19, 1948, were granted Indian citizenship.
*[Those seeking citizenship under this provision were required to be registered as citizens according to the Government of India Act, 1935.]*
* **Article 7:** Deals with persons who migrated to Pakistan after the partition but later returned to India. If they registered themselves with the relevant authorities before July 19, 1948, and met certain conditions, they could regain Indian citizenship.
* *[This provision was made for the individuals who migrated to Pakistan after 1947 but wanted to come back.]*
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**Page 19**
* **Article 8:** Deals with persons of Indian origin residing outside India. If their parents or grandparents were born in undivided India, and they registered themselves with the Indian diplomatic or consular representative in the country of their residence (before or after January 26, 1950), they could be granted Indian citizenship.
* **Article 9:** If an Indian citizen voluntarily acquires the citizenship of another country, they automatically lose their Indian citizenship.
* **Article 10:** Indian citizenship is not subject to any specific conditions or limitations; once acquired, it continues.
* **Article 11:** Parliament has the power to make laws regarding all matters related to citizenship. This includes the power to amend citizenship laws.
**Methods of Acquiring Indian Citizenship**
* The Indian Constitution doesn't explicitly list how to acquire Indian Citizenship.
* Indian Citizenship is based on rules and regulations defined by the Indian Parliament.
* The Citizenship Act of 1955 was the first legislation on this subject.
* The Citizenship Act, 1955 has been amended several times:
* 1985, 1986
* 1992, 2003, 2004, 2005
* According to the Citizenship Act, Indian citizenship can be acquired in five ways:
1. **By Birth (Jus Soli):** A person born in India on or after January 26, 1950, is generally considered an Indian citizen.
* *This does not apply to children of foreign diplomats, ambassadors, or those visiting India for personal purposes.*
2. **By Descent (Jus Sanguinis):** A person born outside India to Indian parents can acquire Indian citizenship through their parents.
3. **By Registration:** Foreigners who marry Indian citizens can apply for Indian citizenship through registration.
* Those who marry Indians and want Indian citizenship should register their names.
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**Page 20**
* Currently, to acquire citizenship through this method, they need to be a resident for 5 years. Then after registering, the application is reviewed for 12 months. After checking all conditions, within 6 months, citizenship is granted.
*[In 1992, amendment, this condition was applicable to foreigners who marry Indian women.]*
* *Example of an individual who acquired citizenship through this method: Sonia Gandhi.*
4. **By Naturalization:** Foreigners who renounce their original citizenship and wish to acquire Indian citizenship can apply for naturalization.
* Previously, a minimum of 5 years of residency was required.
* The 1986 amendment increased the residency requirement to 10 years. Additionally, the applicant should have knowledge of at least one of the recognized Indian languages.
* Example : Mother Teresa.
5. **By Incorporation of Territory:** If any new territory becomes part of India, the persons residing in that territory can be granted Indian citizenship.
* *Example: The merger of Sikkim with India in 1975.*
**Loss of Indian Citizenship**
1. **Renunciation:** An Indian citizen can voluntarily renounce their citizenship if they wish to acquire the citizenship of another country.
2. **Termination:** If an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship is automatically terminated.
3. **Deprivation:** The Government of India can deprive a person of their citizenship under certain circumstances, as per the Citizenship Act.
* *Examples: Engaging in anti-national activities, challenging the sovereignty of India, violating the rules by individuals who acquired Indian citizenship.* This is called 'Deprivation'.
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Friday, February 21, 2025
indian polity 3
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