7. Important Articles of the Constitution; Citizenship UPSC Notes | EduRev

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Important  Articles of the Constitution

 

 

Part V

The Union

Chapter I

The Executive – The President & the Vice President

Article 52

The President of India

Article 53

Executive power of the Union

Article 54

Election of President

Article 55

Manner of election of President

Article 56

Term of office of President

Article 57

Eligibility for re-election

Article 58

Qualifications for election as President

Article 59

Conditions of President's office

Article 60

Oath or affirmation by the President

Article 61

Procedure for impeachment of the President

Article 62

Time of holding election to fill vacancy in the office of resident and the term of office

 

or person elected to fill casual vacancy

Article 63

The Vice-President Of India

Article 64

The Vice-President to be ex-officio Chairman of the Council of States

Article 65

The Vice-President to act as President or to discharge his functions during casual

 

vacancies in the office, or during the absence, of President

Article 66

Election of Vice-President

Article 67

Term of office of Vice-President

Article 68

Time of holding election to fill vacancy in the office of Vice-President and the term

 

of office of person elected to fill casual vacancy

Article 69

Oath or affirmation by the Vice-President

Article 70

Discharge of President's functions in other contingencies

Article 71

Matters relating to, or connected with, the election of a President or Vice-President

Article 72

Power of President to grant pardons, etc., and to suspend, remit or commute sentences

 

in certain cases

Article 73

Extent of executive power of the Union

 

Council of Ministers

Article 74

Council of Ministers to aid and advise President

Article 75

Other provisions as to Ministers

 

Attorney General of India

Article 76

Attorney-General for India

 

Conduct of Government Business

Article 77

Conduct of business of the Government of India

Article 78

Duties of Prime Minister as respects the furnishing of information to the President,

 

etc.

 

Chapter II Parliament

Article 79

Constitution of Parliament

Article 80

Composition of the Council of States -

Article 81

Composition of the House of the People

Article 82

Readjustment after each census

Article 83

Duration of Houses of Parliament

Article 84

Qualification for membership of Parliament

Article 85

Sessions of Parliament, prorogation and dissolution

Article 86

Right of President to address and send messages to Houses

Article 87

Special address by the President

Article 88

Rights of Ministers and Attorney-General as respects Houses

 

Officers of the Parliament

Article 89

The Chairman and Deputy Chairman of the Council of States

Article 90

Vacation and resignation of, and removal from, the office of Deputy Chairman

Article 91

Power of the Deputy Chairman or other person to perform the duties of the office of,

 

or to act as, Chairman

Article 92

The Chairman or the Deputy Chairman not to preside while a resolution for his

 

removal from office is under consideration

Article 93

The Speaker and Deputy Speaker of the House of the People

Article 94

Vacation and resignation of, and removal from, the offices of Speaker and Deputy

 

Speaker

Article 95

Power of the Deputy Speaker or other person to perform the duties of the office of, or

 

to act as Speaker

Article 96

The Speaker or the Deputy Speaker not to preside while a resolution for his removal

 

from office is under consideration

Article 97

Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and

 

Deputy Speaker

Article 98

Secretariat of Parliament

 

Conduct of Business

Article 99

Oath or affirmation by members

Article 100

Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

 

Disqualification of Members

Article 101

Vacation of seats

Article 102

Disqualifications for membership

Article 103

Decision on questions as to disqualifications of members

Article 104

Penalty for sitting and voting before making oath or affirmation under article 99 or

 

when not qualified or when disqualified

 

Powers, Privileges & Immunities of Parliament & its Members

Article 105

Powers, Privileges, etc., of the Houses of Parliament and of the members and

 

committees thereof

Article 106

Salaries and allowances of members

 

Legislative Procedure

Article 107

Provisions as to introduction and passing of Bills

Article 108

Joint sitting of both Houses in certain cases

Article 109

Special procedure in respect of Money Bills

Article 110

Definition of "Money Bills"

Article 111

Assent to Bills

 

Procedure in Financial Matters

Article 112

Annual financial statement

Article 113

Procedure in Parliament with respect to estimates (1) So much of the estimates as

 

relates to expenditure charged upon the Consolidated Fund of India shall not be

 

submitted to the vote of Parliament, but nothing in this clause shall be construed as

 

Preventing the discussion in either House of Parliament of any of those estimates.

Article 114

Appropriation Bills

Article 115

Supplementary, additional or excess grants

Article 116

Votes on account, votes of credit and exceptional grants

Article 117

Special provisions as to financial Bills

Article 118

Rules of procedure

 

Procedure Generally

Article 119

Regulation by law of procedure in Parliament in relation to financial business

Article 120

Language to be used in Parliament

Article 121

Restriction on discussion in Parliament

Article 122

Courts not inquire into proceedings of Parliament

Chapter III

Legislative Powers of the President

Article 123

Power of President to promulgate Ordinances during recess of Parliament

Chapter IV

The Union Judiciary

Article 124

Establishment and Constitution of Supreme Court

Article 125

Salaries, etc., of Judges

Article 126

Appointment of acting Chief Justice

Article 127

Appointment of ad hoc Judges

Article 128

Attendance of retired Judges at sittings of the Supreme Court

Article 129

Supreme Court to be a court of record

Article 130

Seat of Supreme Court

Article 131

Original jurisdiction of the Supreme Court

Article 131A

[Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to

 

constitutional validity of Central laws

Article 132

Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases

Article 133

Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to

 

civil matters

Article 134

Appellate jurisdiction of Supreme Court in regard to criminal matters

Article 134A

Certificate for appeal to the Supreme Court

Article 135

Jurisdiction and powers of the Federal Court under existing law to be exercisable by

 

the Supreme Court

Article 136

Special leave to appeal by the Supreme Court

Article 137

Review of judgements or orders by the Supreme Court

Article 138

Enlargement of the jurisdiction of the Supreme Court

Article 139

Conferment on the Supreme Court of powers to issue certain writs

Article 139A

Transfer of certain cases

Article 140

Ancillary powers of Supreme Court

Article 141

Law declared by Supreme Court to be binding on all courts

Article 142

Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Article 143

Power of President to consult Supreme Court

Article 144

Civil and judicial authorities to act in aid of the Supreme Court

Article 144A

[Repealed]

Article 145

Rules of Court, etc.

Article 146A

Officers and servants and the expenses of the Supreme Court

Article 147

Interpretation

Chapter V

Comptroller and Auditor-General of India

Article 148

Comptroller and Auditor-General of India

Article 149

Duties and powers of the Comptroller and Auditor-General

Article 150

Form of accounts of the Union and of the States

Article 151

Audit reports

Part VI

The States

Chapter I

General

Article 152

Definition

Chapter II

The Executive – The Governor

Article 153

Governors of States

Article 154

Executive power of State

Article 155

Appointment of Governor

Article 156

Term of office of Governor

Article 157

Qualifications for appointment as Governor

Article 158

Conditions of Governor's office

Article 159

Oath or affirmation by the Governor

Article 160

Discharge of the functions of the Governor in certain contingencies

Article 161

Power of Governor to grant pardons, etc., and to suspend, remit or commute

 

sentences in certain cases

Article 162

Extent of executive power of State

 

Council of Ministers

Article 163

Council of Ministers to aid and advise Governor

Article 164

Other provisions as to Ministers

 

Advocate General of the State

Article 165

Advocate-General for the State

 

Conduct of Government Business

Article 166

Conduct of business of the Government of a State

Article 167

Duties of Chief Minister as respects the furnishing of information to Governor, etc.

Chapter III

The State Legislature

Article 168

Constitution of Legislatures in States

Article 169

Abolition or creation of Legislative Councils in States

Article 170

Composition of the Legislative Assemblies

Article 171

Composition of the Legislative Council

Article 172

Duration of States Legislatures

Article 173

Qualification for membership of the State Legislature

Article 174

Sessions of the State Legislature, prorogation and dissolution

Article 175

Right of Governor to address and send messages to the House or Houses

Article 176

Special address by the Governor

Article 177

Rights of Ministers and Advocate

 

Officers of the State Legislature

Article 178

The Speaker and Deputy Speaker of the Legislative Assembly

Article 179

Vacation and resignation of, and removal from, the offices of Speaker and Deputy

 

Speaker

Article 180

Power of the Deputy Speaker or other person to perform the duties of the office of, or

 

to act as, Speaker

Article 181

The Speaker or the Deputy Speaker not to preside while a resolution for his removal

 

from office is under consideration

Article 182

The Chairman and Deputy Chairman of the Legislative Council

Article 183

Vacation and resignation, of and removal from, the offices of Chairman and Deputy

 

Chairman

Article 184

Power of the Deputy Chairman or other person to perform the duties of the office of,

 

 

or to act as, Chairman

Article 185

 

The Chairman or the Deputy Chairman not to preside while a resolution for his

 

 

removal from office is under consideration

Article 186

 

Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and

 

 

Deputy Chairman

Article 187

 

Secretariat of State Legislature

Article 188

 

Oath or affirmation by members

 

 

Conduct of Business

Article 189

 

Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Article 190

 

Vacation of seats

 

 

Disqualification of Members

Article 191

 

Disqualification for membership

Article 192

 

Decision on question as to disqualifications of members

Article 193

 

Penalty for sitting and voting before making oath or affirmation under article 188 or

 

 

when not qualified or when disqualified

 

Power, Privileges & Immunities of State Legislatures & their Members

Article 194

 

Powers, privileges, etc., of the Houses of Legislatures and of the members and

 

 

committees thereof

Article 195

 

Salaries and allowances of members

 

 

Legislative Procedure

Article 196

 

Provisions as to introduction and passing of Bills

Article 197

 

Restriction on powers of Legislative Council as to Bills other than Money Bills

Article 198

 

Special procedure in respect of Money Bills

Article 199

 

Definition of "Money Bills"

Article 200

 

Assent to Bills

Article 201

 

Bills reserved for consideration

 

 

Procedure in Financial Matters

Article 202

 

Annual financial statement

Article 203

 

Procedure in Legislature with respect to estimates

Article 204

 

Appropriation Bills

Article 205

 

Supplementary, additional or excess grants

Article 206

 

Votes on account, votes of credit and exceptional grants

Article 207

 

Special provisions as to financial Bills

 

 

Procedure Generally

Article 208

 

Rules of procedure

Article 209

 

Regulation by law of procedure in the Legislature of the State in relation to financial

 

 

business

Article 210

 

Language to be used in the Legislature

Article 211

 

Restriction on discussion in the Legislature

Article 212

 

Courts not to inquire into proceedings of the Legislature

Chapter IV

 

Legislative Power of the Governor

Article 213

 

Power of Governor to promulgate Ordinances during recess of Legislature

Chapter V

 

The High Courts in the States

Article 214

 

High Courts for States

Article 215

 

High Courts to be courts of record

Article 216

 

Constitution of High Courts

Article 217

 

Appointment and conditions of the office of a Judge of a High Court

Article 218

Application of certain provisions relating to Supreme Court to High Courts

Article 219

Oath or affirmation by Judges of High Courts

Article 220

Restriction on practice after being a permanent Judge

Article 221

Salaries, etc., of Judges

Article 222

Transfer of a Judge from one High Court to another

Article 223

Appointment of acting Chief Justice

Article 224

Appointment of additional and acting Judges

Article 224A

Appointment of retired Judges at sittings of High Courts

Article 225

Jurisdiction of existing High Courts

Article 226

Power of High Courts to issue certain writs

Article 226A

[Repealed]  Constitutional validity of Central laws not to be considered in

 

proceedings under article 226

Article 227

Power of superintendence over all courts by the High Court

Article 228

Transfer of certain cases to High Court

Article 228A

[Repealed] Special provisions as to disposal of questions relating to constitutional

 

validity of State laws

Article 229

Officers and servants and the expenses of High Courts

Article 230

Extension of jurisdiction of High Courts to Union territories

Article 231

Establishment of a common High Court for two or more States

Chapter VI

Subordinate Courts

Article 233

Appointment of district judges

Article 233A

Validation of appointments of, and judgments, etc. delivered by, certain district

 

judges

Article 234

Recruitment of persons other than district judges to the judicial service

Article 235

Control over subordinate courts

Article 236

Interpretation

Article 237

Application of the provisions of this Chapter to certain class or classes of magistrates

Part VII

[Repealed] The States in Part B of the First Schedule

Part VIII

The Union Territories

Article 239

Administration of Union territories

Article 239A

Creation of local Legislatures or Council of Ministers or both for certain Union

 

territories

Article 239AA

Special provisions with respect to Delhi

Article 239AB

Provision in case of failure of constitutional monarchy

Article 239B

Power of administrator to promulgate Ordinances during recess of Legislature

Article 240

Power of President to make regulations for certain Union territories

Article 241

High Courts for Union territories

Article 242

[Repealed]

Part IX

The Panchayats

Article 243

Definitions

Article 243A

Gram Sabha

Article 243B

Constitution of Panchayats

Article 243C

Composition of Panchayats

Article 243D

Reservation of seats

Article 243E

Duration of Panchayats, etc.

Article 243F

Disqualifications for membership

Article 243G

Powers, authority and responsibilities of Panchayats

Article 243H

Powers to impose taxes by, and Funds of, the Panchayats

Article 243I

Constitution of Finance Commission to review financial position

Article 243J

Audit of accounts of Panchayats

Article 243K

Elections to the Panchayats

Article 243L

Application to Union territories

Article 243M

Part not to apply to certain areas

Article 243N

Continuance of existing laws and Panchayats

Article 243O

Bar to interference by courts in electoral matters

Part IXA

The Municipalities

Article 243P

Definitions

Article 243Q

Constitution of Municipalities

Article 243R

Composition of Municipalities

Article 243S

Constitution and composition of Wards Committees, etc.

Article 243T

Reservation of seats

Article 243U

Duration of Municipalities, etc.

Article 243V

Disqualifications for membership

Article 243W

Powers, authority and responsibilities of Municipalities etc.

Article 243X

Power to impose taxes by, and Funds of, the Municipalities

Article 243Y

Finance Commission

Article 243Z

Audit of accounts of Municipalities

Article 243ZA

Elections to the Municipalities

Article 243ZB

Application to Union territories

Article 243ZC

Part not to apply to certain areas

Article 243ZD

Committee for district planning

Article 243ZE

Committee for Metropolitan planning

Article 243ZF

Continuance of existing laws and Municipalities

Article 243ZG

Bar to interference by Courts in electoral matters

Part X

The Scheduled and Tribal Areas

Article 244

Administration of Scheduled Areas and Tribal Areas

Article 244A

Formation of an autonomous State comprising certain tribal areas in Assam and

 

creation of local Legislature or Council of Ministers or both therefor

Part XI

Relations Between the Union and the States

Chapter I

Legislative Relations

Article 245

Extent of laws made by Parliament and by the Legislatures of States

Article 246

Subject-matter of laws made by Parliament and by the Legislatures of States

Article 247

Power of Parliament to provide for the establishment of certain additional courts

Article 248

Residuary powers of legislation

Article 249

Power of Parliament to legislate with respect to a matter in the State List in the

 

National interest

Article 250

Power of Parliament to legislate with respect to any matter in the State List if a

 

Proclamation of Emergency is in operation

Article 251

Inconsistency between laws made by Parliament under articles 249 and 250 and laws

 

made by the legislatures of States

Article 252

Power of Parliament to legislate for two or more States by consent and adoption of

 

such legislation by any other State

Article 253

Legislation for giving effect to international agreements

Article 254

Inconsistency between laws made by Parliament and laws made by the Legislatures

 

of States

Article 255

Requirements as to recommendations and previous sanctions to be regarded as

 

matters of procedure only

Chapter II

Administrative Relations

Article 256

Obligation of States and the Union

Article 257

Control of the Union over States in certain cases

Article 257A

Assistance to States by deployment of armed forces or other forces of the Union

Article 258

Power of the Union to confer powers, etc., on States in certain cases

Article 258A

Power of the States to entrust functions to the Union

Article 259

[Repealed] Armed Forces in States in Part B of the First Schedule

Article 260

Jurisdiction of the Union in relation to territories outside India

Article 261

Public acts, records and judicial proceedings

 

Disputes relating to Waters

Article 262

Adjudication of disputes relating to waters of inter-State rivers or river valleys

 

Co-ordination between States

Article 263

Provisions with respect to an inter-State Council

Part XII

Finance, Property, Contracts and Suits

Chapter I

Finance

Article 264

Interpretation

Article 265

Taxes not to be imposed save by authority of law

Article 266

Consolidated Funds and public accounts of India and of the States

Article 267

Contingency Fund

Article 268

Duties levied by the Union but collected and appropriated by the States

Article 269

Taxes levied and collected by the Union but assigned to the States

Article 270

Taxes levied and collected by the Union and distributed between the Union and the

 

States

Article 271

Surcharge on certain duties and taxes for purposes of the Union

Article 272

[Omitted]

Article 273

Grants in lieu of export duty on jute and jute products

Article 274

Prior recommendation of President require to Bills affecting taxation in which States

 

are interested

Article 275

Grants from the Union to certain States

Article 276

Taxes on professions, trades, callings and employments

Article 277

Savings

Article 278

[Repealed] Agreement with States in Part B of the First Schedule with regard to

 

certain financial matters

Article 279

Calculation of "net proceeds", etc.

Article 280

Finance Commission

Article 281

Recommendations of the Finance Commission

 

Miscellaneous Financial Provisions

Article 282

Expenditure defrayable by the Union or a State out of its revenues

Article 283

Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the

 

public accounts

Article 284

Custody of suitors' deposits and other moneys received by public servants and courts

Article 285

Exemption of property of the Union from State taxation

Article 286

Restriction as to imposition of tax on the sale or purchase of goods

Article 287

Exemption from taxes on electricity

Article 288

Exemption from taxation by States in respect of water or electricity in certain cases

Article 289

Exemption of property and income of a State from Union taxation

Article 290

Adjustment in respect of certain expenses and pensions

Article 290A

Annual payment to certain Devisor Funds

Article 291

[Repealed]

Chapter II

Borrowing

Article 292

Borrowing by the Government of India

Article 293

Borrowing by States

Chapter III

Property, Contacts, Rights, Liabilities, Obligations and Suits

Article 294

Succession to property, assets, rights, liabilities and obligations in certain cases

Article 295

Succession to property, assets, rights, liabilities and obligations in other cases

Article 296

Property accruing by escheat or lapse or as Bona vacantia

Article 297

Things of value within territorial waters or continental shelf and resources of the

 

exclusive economic zone to vest in the Union

Article 298

Power to carry on trade, etc.

Article 299

Contracts

Article 300

Suits and proceedings

Chapter IV

Right to Property

Article 300A

Persons not to be deprived of property save by authority of law

Part XIII

Trade, Commerce and Intercourse Within the Territory of India

Article 301

Freedom of trade, commerce and intercourse

Article 302

Power of Parliament to impose restrictions on trade, commerce and intercourse

Article 303

Restrictions on the legislative powers of the Union and of the States with regard to

 

trade and commerce

Article 304

Restriction on trade, commerce and intercourse among States

Article 305

Saving of existing laws and laws providing for State monopolies

Article 306

[Repealed]

Article 307

Appointment of authority for carrying out the purposes of articles 301 to 304

Part XIV

Services Under the Union and the States

Chapter I

Services

Article 308

Interpretation

Article 309

Recruitment and conditions of service of persons serving the Union or a State

Article 310

Tenure of office of persons serving the Union or a State

Article 311

Dismissal, removal or reduction in rank of persons employed in civil capacities under

 

the Union or a State

Article 312

All-India services

Article 312A

Power of Parliament to vary or revoke conditions of service of officers of certain

 

services

Article 313

Transitional provisions

Article 314

[Repealed]

Chapter II

Public Service Commissions

Article 315

Public Service Commissions for the Union and for the States

Article 316

Appointment and term of office of members

Article 317

Removal and suspension of a member of a Public Service Commission

Article 318

Power to make regulations as to conditions of service of members and staff of the

 

Commission

Article 319

Prohibition as to the holding of offices by members of Commission on ceasing to be

 

such members

Article 320

Functions of Public Service Commissions

Article 321

Power to extend functions of Public Service Commissions

Article 322

Expenses of Public Service Commissions

Article 323

Reports of Public Service Commissions

Part XIVA

Tribunals

Article 323A

Administrative tribunals

Article 323B

Tribunals for other matters

Part XV

Elections

Article 324

Superintendence, direction and control of elections to be vested in an election

 

commission

Article 325

No person to be ineligible for inclusion in, or to claim to be included in a special,

 

electoral roll on grounds of religion, race, caste or sex

Article 326

Elections to the House of the People and to the Legislative Assemblies of States to be

 

on the basis of adult suffrage

Article 327

Power of Parliament to make provision with respect to elections to Legislatures

Article 328

Power of Legislature of a State to make provision with respect to elections to such

 

Legislature

Article 329

Bar to interference by courts in electoral matters

Article 329A

[Repealed

Part XVI

Special Provisions Relating to Certain Classes

Article 330

Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the

 

People

Article 331

Representation of the Anglo-Indian community in the House of the People

Article 332

Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative

 

Assemblies of the States

Article 333

Representation of the Anglo-Indian community in the Legislative Assemblies of the

 

States

Article 334

Reservation of seats and special representation to cease after fifty years

Article 335

Claims of Scheduled Castes and Scheduled Tribes to services and posts

Article 336

Special provision for Anglo-Indian community in certain services

Article 337

Special provision with respect to educational grants for the benefit of Anglo-Indian

 

community

Article 338

National Commission for Scheduled Castes,

Article 338A

National Commission for Scheduled Tribes

Article 339

Control of the Union over the administration of Scheduled Areas and the welfare of

 

Scheduled Tribes

Article 340

Appointment of a Commission to investigate the conditions of backward classes

Article 341

Scheduled Castes

Article 342

Scheduled Tribes

Part XVII

Official Language

Chapter I

Language of the Union

Article 343

Official language of the Union

Article 344

Commission and Committee of Parliament on official language

Chapter II

Regional Languages

Article 345

Official language or languages of a State

Article 346

Official language for communication between one State and another or between a

 

State and the Union

Article 347

Special provision relating to language spoken by a section of the population of a

 

State

Chapter III

Language of the Supreme Court, High Courts, etc.

Article 348

Language to be used in the Supreme Court and in the High Courts and for Acts,

 

Bills, etc.

Article 349

Special procedure for enactment of certain laws relating to language

Chapter IV

Special Directives

Article 350

Language to be used in representations for redress of grievances

Article 350A

Facilities for instruction in mother-tongue at primary stage

Article 350B

Special Officer for linguistic minorities

Article 351

Directive for development of the Hindi language

Part XVIII

Emergency Provisions

Article 352

Proclamation of National Emergency

Article 353

Effect of Proclamation of Emergency

Article 354

Application of provisions relating to distribution of revenues while a Proclamation of

 

Emergency is in operation

Article 355

Duty of the Union to protect States against external aggression and internal

 

disturbance

Article 356

Provisions in case of failure of constitutional machinery in States

Article 357

Exercise of legislative powers under Proclamation issued under article 356

Article 358

Suspension of provisions of article 19 during emergencies

Article 359

Suspension of the enforcement of the rights conferred by Part III during emergencies

Article 359A

[Repealed] Application of this Part to the State of Punjab

Article 360

Provisions as to financial emergency

Part XIX

Micsellaneous

Article 361

Protection of President and Governors and Raj pramukhs

Article 361A

Protection of publication of proceedings of Parliament and State Legislatures

Article 362

[Repealed] Rights and privileges of Rulers of Indian States

Article 363

Bar to interference by courts in disputes arising out of certain treaties, agreements,

 

etc.

Article 363A

Recognition granted to Rulers of Indian States to cease and Privy purses to be

 

abolished

Article 364

Special provisions as to major ports and aerodromes

Article 365

Effect of failure to comply with, or to give effect to, directions given by the Union

Article 366

Definitions

Article 367

Interpretation

Part XX

Amendment of the Constitution

Article 368

Power of Parliament to amend the Constitution and procedure therefor

Part XXI

Temporary, Transitional and Special Provisions

Article 369

Temporary power to Parliament to make laws with respect to certain matters in the

 

State List as if they were matters in the Concurrent List

Article 370

Temporary provisions with respect to the State of Jammu and Kashmir

Article 371

Special provision with respect to the States of Maharashtra and Gujarat

Article 371A

Special provision with respect to the State of Nagaland

Article 371B

Special provision with respect to the State of Assam

Article 371C

Special provision with respect to the State of Manipur                        

Article 371D

Special provisions with respect to the State of Andhra Pradesh

Article 371E

Establishment of Central University in Andhra Pradesh

Article 371F

Special provisions with respect to the State of Sikkim

Article 371G

Special provision with respect to the State of Mizoram

Article 371H

Special provision with respect to the State of Arunachal Pradesh

Article 371I

Special provision with respect to the State of Goa

Article 372

Continuance in force of existing laws and their adaptation

Article 372A

Power of the President to adapt laws

Article 373

Power of President to make order in respect of persons under preventive detention in

 

certain cases

Article 374

Provisions as to Judges of the Federal Court and proceedings pending in the Federal

 

Court or before His Majesty in Council

Article 375

Courts, authorities and officers to continue to function subject to the provisions of the

 

Constitution

Article 376

Provisions as to Judges of High Courts

Article 377

Provisions as to Comptroller and Auditor-General of India

Article 378

Provisions as to Public Commissions

Article 378A

Special provisions as to duration of Andhra Pradesh Legislative Assembly

Article 379

[Article 379-391 Repealed]

Article 392

Power of the President to remove difficulties

Part XXII

Short Title, Commencement, Authoritative Text in Hindu and Repeals

Article 393

Short title

Article 394

Commencement

Article 394A

Authoritative text in the Hindi language

Article 395

Repeals

 
 

Citizenship

Part II of the Indian Constitution consists of the following articles:                      

  • Article 5. Citizenship at the commencement of the Constitution.
  • Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
  • Article 7. Rights of citizenship of certain migrants to Pakistan.
  • Article 8. Rights of citizenship of certain persons of Indian origin residing outside India.
  • Article 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
  • Article 10. Continuance of the rights of citizenship.
  • Article 11. Parliament to regulate the right of citizenship by law.

Citizen is a native or naturalized member of a state or other political community. The citizenship is a state of being a citizen of a particular social, political, or national community. The major issues in Constituent assembly on citizenship for the constitution assembly, to arrive at a final draft for Citizenship was one of the most arduous tasks while framing the constitution.

The problem was partition of India on one hand and India being recreated by uniting the princely states on the other. India’s partition into India and Pakistan caused millions of people cross the border. Partition on the basis of religion forced The Hindus and Sikhs who were born in Pakistan side came to India and Muslims who were born in India migrated to Pakistan. Apart from that, there were people who had left their homeland India and started living abroad and now wanted to come back as the country was a free nation.

Constitution as Part II. The problem of citizenship was basically as follows: The people who were born and living in Pakistan and migrated to India were to be provided Indian Citizenship. The people who were born and living in India and migrated to Pakistan were to be excluded and debarred from Indian Citizenship. People who migrated to Pakistan in 1947 but returned back to live in India permanently had to be provided Citizenship. The people who were born in India, but living abroad but came back, had to be provided citizenship.

Article 5: Citizenship at the commencement of the Constitution. At the commencement of this Constitution, every person who has his domicile in the territory of India and- who was born in the territory of India; or either of whose parents was born in the territory of India; or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. Article5 refers to the Citizenship on January 26, 1950. This article provided that the ordinary resident in the territory of India since or before January 26, 1945 were deemed to be Indian Citizens

Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if- he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him there for to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. Article 6 deals with those persons who migrated to India from Pakistan. India as defined in the Government of India Act, 1935 means undivided India.

These persons were divided into two categories.

Category 1: Those who came before July 19, 1948

Category 2: Those who came after July 19, 1948

Those who came from Pakistan to India before July 19, 1948 would automatically become Indian Citizens. Those who came after July 19, 1948 would become Indian Citizens provided they had been registered in the form and manner as prescribed by the Government of India.

Article 7: Rights of citizenship of certain migrants to Pakistan. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. Article 7 deals with those persons who had migrated to Pakistan but returned to India from Pakistan with intention to live here permanently. Please note that this article deals with the “permit system”. The permit system was introduced in July 19, 1948. This system provided that a person who is desiring to return back to India with an intention to permanently reside was required to get a separate permit

 Article 8: Rights of citizenship of certain persons of Indian origin residing outside India. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. Article 8 deals with those persons who were living abroad. The article provides that any person who was born or his parents /grandparents were born in undivided India but living abroad and wants to return to India would need to be registered at the as Citizen of India by the diplomatic or consular representative of India in that country.

Article 9: Persons voluntarily acquiring citizenship of a foreign 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 India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. Under article 9 of the constitution, any person who has voluntarily acquired the citizenship of a foreign country, even if qualified for Indian Citizenship under any of the provisions of the constitution will not be a Citizen of India.

Article 10: Continuance of the rights of citizenship. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 11: Parliament to regulate the right of citizenship by law. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. The nature of provisions from Article 5 to 9 show that the objective of the constituent assembly was not to make a permanent law for citizenship. Ours is a Republic Country and various offices are to be occupied by the persons who are elected by the citizens. So, keeping this in view, it was necessary for the Constituent Assembly to make some provisions which could precisely determine that who is a Citizen of Independent Indian Dominion and who is not, at the time of the commencement of the constitution. Further, the constituent also gave plenary power to the parliament of India to deal with the question of nationality. Article 10 and more precisely Article 11 give the power to the parliament to make law in this connection as and when it suits to the demands of the circumstances. The power in parliament vested by Article 11 embraced not only acquisition but also the termination or any other matter related to Citizenship. Using the power vested in parliament by Article 11 of the Constitution of India, a comprehensive law “The Citizenship Act, 1955” was passed by the parliament. This act has been amended from time to time to make space for provisions as and when required.

OCI

An Overseas Citizen of India is a lifetime visa status. It is the closest thing to dual citizenship that India offers.

Who can be an OCI?

(This list was expanded as of 9 January 2015)

  1. A person who used to be an Indian citizen
  2. A person with at least one parent, grandparent, or great-grandparent who is/was an Indian citizen
  3. A person married to an Indian citizen or an existing OCI for at least two continuous years

The following groups of people cannot have OCI status:

  • Anyone who was ever a citizen of Pakistan or Bangladesh
  • Anyone whose parents or grandparents were citizens of Afghanistan, Pakistan, Bangladesh, China, or Sri Lanka
  • Anyone who served in a foreign military or worked in a foreign defence department

What are the benefits of being an OCI?

  • Lifelong multiple entry visa to India
  • You never have to report to the FRRO regardless of the length of your stay
  • You can eventually become a citizen of India if you remain an OCI for 5 years and live in India for at least 1 year (short breaks are now allowed)
  • You can use special counters during immigration
  • You don’t need a student visa to study in India
  • You don’t need an employment visa to get a job
  • You can open a special bank account in India, just like an NRI
  • You can make investments in India
  • You can buy non-farm property and exercise property ownership rights
  • Your can use your OCI card to apply for a driver’s license, open a bank account, or get a PAN card
  • You get the same economic, financial, and education benefits as NRIs (e.g. reserved admission quotas), and you can adopt children like an NRI
  • You pay the Indian resident fee when visiting a national parks, monuments, museums or wildlife sanctuary (of course it is ultimately up to the discretion of the man issuing tickets)

What are the drawbacks?

  • You may not purchase agricultural land or farm houses
  • You may not vote
  • You may not hold a government job
  • You may not be elected to a political position
  • You may not travel to restricted areas without permission

How do you become an OCI?

You can apply through the Indian embassy in your country of residence or within India at the local FRRO.

Here is a sample of documentation you will need (see your local consulate for a specific list):

  • Proof of present citizenship
  • Proof of former Indian citizenship (for you or your relative)
  • Proof of renunciation of Indian citizenship (if applicable)
  • Proof of relationship to an Indian citizen

The entire process can take several months in some cases. Fees vary from nationality to nationality. If you apply in India, the fee is Rs. 15,000 for an adult or Rs. 8,000 for a minor. You can convert a PIO card to an OCI card if you qualify, and the fees are very nominal.

PIO (Person of Indian Origin) used to be a 15 year visa for non-Indian citizens, but it has since been removed.

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