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RPSC RAS (Rajasthan) Exam > RPSC RAS (Rajasthan) Notes > RAS RPSC Prelims Preparation - Notes, Study Material & Tests > 7. Important Articles of the Constitution; Citizenship

7. Important Articles of the Constitution; Citizenship | RAS RPSC Prelims Preparation - Notes, Study Material & Tests - RPSC RAS (Rajasthan) PDF Download

	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)

A person who used to be an Indian citizen
A person with at least one parent, grandparent, or great-grandparent who is/was an Indian citizen
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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FAQs on 7. Important Articles of the Constitution; Citizenship - RAS RPSC Prelims Preparation - Notes, Study Material & Tests - RPSC RAS (Rajasthan)

1. What are the important articles of the Constitution related to citizenship?

Ans. The important articles of the Indian Constitution related to citizenship are: - Article 5: It defines the concept of citizenship in India. - Article 11: It allows the Parliament to regulate the right to citizenship by law. - Article 14: It guarantees equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. - Article 15: It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth regarding access to public places and provisions of public goods. - Article 19: It provides certain fundamental rights to citizens, such as the right to freedom of speech and expression, assembly, association, etc.

2. How is citizenship defined in Article 5 of the Indian Constitution?

Ans. Article 5 of the Indian Constitution defines citizenship in India. According to this article, a person will be considered a citizen of India if they fulfill the following conditions: - They were born in India or either of their parents was born in India. - They were ordinarily residing in India for at least five years before the commencement of the Constitution (i.e., before January 26, 1950). - They or their parents or grandparents were born in undivided India and became a citizen of any territory that became part of India after the partition.

3. How does Article 11 empower the Parliament to regulate citizenship?

Ans. Article 11 of the Indian Constitution empowers the Parliament to regulate the right to citizenship by law. This means that the Parliament has the authority to enact laws pertaining to citizenship, including the acquisition and termination of citizenship. It allows the Parliament to lay down the criteria and procedures for acquiring or losing citizenship, as well as to prescribe the rights and obligations of citizens.

4. How does Article 14 ensure equality in matters of citizenship?

Ans. Article 14 of the Indian Constitution guarantees equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This ensures that all individuals, regardless of their background, are treated equally in matters of citizenship. It means that no person can be denied citizenship or subjected to different treatment based on these grounds. The principle of equality enshrined in Article 14 ensures fairness and non-discrimination in matters of citizenship.

5. What fundamental rights are provided to citizens under Article 19 of the Indian Constitution?

Ans. Article 19 of the Indian Constitution provides certain fundamental rights to citizens. These rights include: - Right to freedom of speech and expression - Right to assemble peacefully and without arms - Right to form associations or unions - Right to move freely throughout the territory of India - Right to reside and settle in any part of India - Right to practice any profession, occupation, trade, or business These rights are essential for the functioning of a democratic society and ensure that citizens have the freedom to express themselves, associate with others, and engage in various activities for personal and professional growth.

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