THE PEEPAL TREE

  Part 2 of the Constitution includes Articles 5 to 11, which deal with the subject of citizenship. Article 5 of the Constitution defines who shall be considered a citizen of India. Since the Constitution of our country came into effect on 26th January 1950, this date became the basis for citizenship. So, let’s understand what Article 5 of the Constitution says. 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 – (a) was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) 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 . Explanation of Article 5 Article 5 of the Constitution states that from the commencement of the Constitution, every person who has his domicile in the territory of India,...

Fourth Schedule of the Indian Constitution – Rajya Sabha Seat Allocation Introduction The Fourth Schedule of the Indian Constitution is directly linked to the Upper House of Parliament , the Rajya Sabha . It outlines how many seats are allocated to each State and Union Territory of India. This allocation is governed by the Article 4(1) and Article 80(2) of the Constitution. When changes are made in state boundaries or formation under these Articles, the Fourth Schedule is also modified accordingly. Let’s explore the Rajya Sabha seat allocation as per the Fourth Schedule, arranged in descending order of seats: Rajya Sabha Seat Allocation – State & UT Wise State / Union Territory Seats Uttar Pradesh 31 Maharashtra 19 Andhra Pradesh 18 Tamil Nadu 18 Bihar 16 West Bengal 16 Karnataka 12 Gujarat 11 Madhya Pradesh 11 Rajasthan 10 Orissa (Odisha) 10 Kerala 9 Assam 7 Punjab 7 Jharkhand 6 Haryana 5 Chhat...

Article 4 of the Indian Constitution is connected to the first two Articles and talks about the amendments in Schedule 1 and 4. It states that after the changes and determination of boundaries made under Articles 2 and 3, necessary modifications should also be made in the Constitution wherever required, such as in Schedule 1 and Schedule 4. Article 4 – Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature of the State or States affected by such law) as Parliament may deem necessary. No such law as aforesaid shall b...

  Article 3 of the Indian Constitution gives the Parliament the power to make changes related to the internal structure of states, such as altering boundaries, renaming states, or creating new ones. Let’s see what Article 3 states: Article 3 Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State ; (c) diminish the area of any State ; (d) alter the boundaries of any State ; (e) alter the name of any State . Explanation of Article 3 A. Under this, the Parliament has the power to create a new state by separating a territory from any existing state, or by uniting two or more states or parts of states, or by merging any territory into a part of any state. B. The area of any state can be increased by adding additional land. This power lies with the Parliament. C. The area of any state can be reduced or r...

Article 2 of the Indian Constitution Gives the Parliament of the country the authority, with certain terms and conditions, to create a new state from the existing states or to admit any new state that was not previously a part of India into the Union. Article 2: "Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit." Explanation of Article 2 Article 2 grants two important powers to the Indian Parliament : The Parliament, without any prior permission from the President, has the authority to admit an already existing state or to establish a new state. Admission of an Existing State For example, Sikkim was not originally a part of India. Later, sensing a threat from China, it temporarily merged with India, and in the same year, 1975, it became an integral part of the country. Establishment of a New State If there is a region that does not already exist as a state, and circumstances demand that it should n...

The First Schedule of the Indian Constitution is connected in some way with Article 1 and Article 4 . It is divided into two parts: the first part lists all the States, and the second part lists all the Union Territories . PART 1: States Andhra Pradesh – Amaravati Formed under the Andhra State Act 1953, reorganized under the States Reorganization Act 1956 , and again reorganized under the States Reorganization Act 2014. It is a southern state of India. Arunachal Pradesh – Itanagar Defined and granted statehood under the North Eastern Areas Reorganization Act 1971. Assam – Dispur Reorganized under the Acts of 1951, 1962, and finally the North Eastern Areas Reorganization Act 1971. Bihar – Patna Reorganized under the Bihar Reorganization Act in the year 2000. Chhattisgarh – Raipur Formed under the Madhya Pradesh Reorganization Act 2000, separating it from Madhya Pradesh. Goa – Panaji Constituted under the Goa, Daman and Diu Reorganization Act 1987. Guj...

Article 1 – Name and territory of the Union India, that is Bharat, shall be a Union of States. The States and the territories thereof shall be as specified in the First Schedule. The territory of India shall comprise – (a) the territories of the States; (b) the Union territories specified in the First Schedule ; and (c) such other territories as may be acquired. Explanation of Article 1 Clause 1: India, that is Bharat ‘India, that is Bharat ’ shall remain a Union of States . In other words, for the entire world, the name of the country is India, and India is also Bharat — or we can say that constitutionally, both names “India” and “Bharat” are recognized for the country. It shall remain a Union of States — these states cannot separate from the country. This group of states has not been created like a federal agreement (as in the USA ); rather, all the states together make up India. States have no right to separate from the Union. Clause 2: States and Territories The First S...