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Polity · CDS

POC03 — Union and its Territory & Citizenship

⚖ POC03 · Indian Polity – III · Chapter 3 CDS Level ★ High Priority

📌 CDS Focus: Articles 1–4 (Union and Territory) and Articles 5–11 (Citizenship) are tested as direct factual questions. CDS asks: the difference between Territory of India and Union of India, which Article deals with state reorganisation, the five ways to acquire citizenship, and CAA 2019 provisions. The Citizenship Act 1955 and loss of citizenship are regularly tested.

PART A — UNION AND ITS TERRITORY (Articles 1–4)

1. Union and Territory — Articles 1 to 4

1.1 Article 1 — Name and Territory of India PYQ Direct

📌 Article 1 — Key Points

India shall be a Union of States (NOT a Federation of States)
The name "India" is used — also described as Bharat
Territory of India consists of three categories (see diagram below)
The word "Union" was deliberately chosen — it implies states have NO right to secede
Dr. Ambedkar: "Though India is to be a federation, the federation is not the result of an agreement by the States"

📌 Territory of India vs Union of India

Union of India — only includes States + Union Territories
Territory of India — broader; includes Union of India + Acquired territories
Example: Pondicherry (1954) and Goa (1961) were acquired territories before formally becoming UTs/States
CDS asks: "Territory of India is wider than Union of India" — TRUE

Fig 1.1 — Territory of India: Three Categories (Article 1)

TERRITORY OF INDIA = ① States + ② Union Territories + ③ Acquired Territories

① States

Currently 28 States
Constitutionally recognised
Listed in the First Schedule
Have own legislatures & governments

② Union Territories

Currently 8 UTs
Governed by Central Govt
Listed in First Schedule
e.g. Delhi, J&K, Ladakh, Puducherry

③ Acquired Territories

Territories acquired in future
NOT part of Union of India
e.g. Goa (before 1961)
e.g. Sikkim (before 1975)

⭐ Key Distinction: Union of India = States + UTs only | Territory of India = States + UTs + Acquired Territories | Territory of India is WIDER than Union of India

1.2 Articles 2–4 — Parliamentary Power over States High Priority PYQ

Article	Provision	Key Note
Article 2	Parliament can admit new states into the Union OR establish new states on such terms as it thinks fit	For states not already part of India; example: Sikkim (1975) added via 36th Amendment
Article 3	Parliament can: (a) form a new state, (b) increase/decrease area of a state, (c) alter boundaries, (d) alter names — by ordinary legislation (simple majority)	President's recommendation required; affected state's legislature must be consulted (opinion, not consent). State's consent NOT required — major unitary feature
Article 4	Laws under Articles 2 and 3 do NOT amount to Constitutional Amendments under Article 368	These are ordinary laws — simple majority + President's recommendation; not the full 368 procedure

⚠ Union and Territory Traps: (1) India is a "Union of States" — NOT "Federation of States" (Article 1). (2) Under Article 3, states' consent is NOT required — only consultation/opinion. (3) Territory of India is wider than Union of India (includes acquired territories). (4) Parliament needs only a simple majority to reorganise states — NOT a special majority. (5) Article 3 laws are NOT constitutional amendments — ordinary legislation.

PART B — CITIZENSHIP (Articles 5–11)

2. Citizenship — Constitutional Provisions

2.1 Citizenship at Commencement (Articles 5–9) PYQ

Key Principle: Articles 5–9 deal with citizenship at the commencement of the Constitution (26 January 1950). These were one-time transitional provisions. Article 11 empowers Parliament to make laws on citizenship — under which the Citizenship Act 1955 was enacted.

Article	Who was a Citizen on 26 Jan 1950
Article 5	Persons domiciled in India AND (a) born in India, OR (b) whose parent was born in India, OR (c) who has been ordinarily resident for at least 5 years before 26 Jan 1950
Article 6	Persons who migrated from Pakistan to India BEFORE 19 July 1948 — automatically citizens. Those who came AFTER 19 July 1948 — had to register
Article 7	Persons who migrated to Pakistan AFTER 1 March 1947 but returned to India with a permit for resettlement — could become citizens after registration
Article 8	Persons of Indian origin living outside India (NRIs) — could register as citizens with Indian diplomatic missions
Article 9	No person who voluntarily acquired citizenship of a foreign state shall be a citizen of India
Article 10	Every person who is a citizen shall continue to be a citizen, subject to law made by Parliament
Article 11	Parliament has the right to regulate the right of citizenship by law (enabling provision for Citizenship Act 1955)

3. Citizenship Act 1955 — Acquisition & Loss

3.1 Five Ways to Acquire Citizenship Maximum PYQs

Fig 3.1 — Citizenship: 5 Methods of Acquisition (Citizenship Act 1955)

5 WAYS TO ACQUIRE INDIAN CITIZENSHIP

① By Birth

Born in India on/after 26 Jan 1950
Conditions changed by 2003 amendment
Parents must not be illegal migrants or enemy aliens

② By Descent

Born outside India
Father (or parent) was an Indian citizen at birth
Must register within 1 year of birth

③ By Registration

Commonwealth citizens residing in India
Persons of Indian origin (residing 7 years)
Persons married to Indian citizen
Minor children of Indian citizens

④ By Naturalisation

Foreigner residing in India for 11 years
Good character; knowledge of Indian language
Must renounce other citizenship
CAA 2019 reduced this to 5 years for eligible migrants

⑤ By Incorporation of Territory

When a territory becomes part of India, its people automatically become Indian citizens
Examples: Goa (1961), Sikkim (1975), Pondicherry (1962)
Government specifies by order who becomes a citizen

3.2 Three Ways to Lose Citizenship PYQ

🚪

Renunciation

Voluntary act by citizen

A citizen may voluntarily renounce citizenship
By declaration to the prescribed authority
Minor children also lose citizenship (can reclaim at 18)
Applies only to persons with dual citizenship

⚠️

Termination

By operation of law

Citizenship automatically terminated when a citizen voluntarily acquires citizenship of another country
No formal act required — operation of law
India does NOT allow dual citizenship
Exception: OCI is NOT full citizenship

🚫

Deprivation

Government can strip citizenship

Govt can compulsorily terminate citizenship for:
Obtaining citizenship by fraud
Disloyalty/disaffection to Constitution
Assisting enemy in war
2+ years imprisonment within 5 years of registration
Residing outside India 7+ years continuously

3.3 Single Citizenship

India has Single Citizenship — unlike USA where citizens have both national and state citizenship. In India, all persons are citizens of India only — not of any particular state. This means an Indian from Tamil Nadu can live, work, and vote in Rajasthan just like a local. Borrowed from the UK model. Article 16(3) allows Parliament to prescribe residence requirements for certain state government jobs. Articles 15 and 16 prohibit discrimination.

PART C — CITIZENSHIP AMENDMENT ACT 2019

4. Citizenship Amendment Act (CAA) — 2019

What is CAA 2019? The Citizenship Amendment Act 2019 (passed December 2019) amends the Citizenship Act 1955. It provides a fast-track path to Indian citizenship for persecuted minorities from three neighbouring countries — Pakistan, Bangladesh, and Afghanistan — who came to India before 31 December 2014.

📌 Who is Eligible Under CAA?

Religious minorities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
From: Pakistan, Bangladesh, and Afghanistan only
Who entered India: on or before 31 December 2014
Residency requirement reduced from 11 years to 5 years
Will not be treated as illegal migrants

⚠ Who is NOT Eligible & Controversies

Muslims are NOT included — Pakistan, Bangladesh, and Afghanistan are Muslim-majority countries; Muslims are not persecuted minorities there
Critics: violates Article 14 (equality) by making religion a criterion
CAA does not take away anyone's existing citizenship
Does NOT apply in NE tribal areas (6th Schedule) and states covered by Inner Line Permit

⚠ CAA 2019 Traps: (1) Only 3 countries — Pakistan, Bangladesh, Afghanistan (NOT Sri Lanka or Myanmar). (2) 6 religions — Hindu, Sikh, Buddhist, Jain, Parsi, Christian — Muslims NOT included. (3) Entry before 31 December 2014. (4) CAA does NOT take away anyone's citizenship. (5) Does NOT apply in NE tribal areas (6th Schedule) and ILP states.

⚡ POC03 Memory Chart — Fast Revision

🗺️ Articles 1–4

Art. 1 — Name + Territory (Union of States)
Art. 2 — Admit new states into Union
Art. 3 — Form/alter/rename states (simple majority)
Art. 4 — These are NOT constitutional amendments
State's consent NOT needed (only consultation)

🌍 Territory vs Union

Union of India = States + UTs
Territory of India = Union + Acquired territories
Territory > Union (wider concept)
28 States + 8 UTs currently
Sikkim = 36th Amendment (1975)

🏛️ Citizenship Arts 5–11

Art. 5 — Domicile + birth/parent/5 yr residence
Art. 6 — From Pakistan before 19 Jul 1948
Art. 7 — Migrated to Pak but returned
Art. 9 — Voluntary foreign citizenship = lose Indian
Art. 11 — Parliament makes citizenship law

📋 5 Ways to Acquire

Birth · Descent · Registration
Naturalisation (11 years residence)
Incorporation of Territory
CAA 2019 reduced to 5 years
India = Single citizenship (not dual)

🚪 3 Ways to Lose

Renunciation — voluntary declaration
Termination — auto on foreign citizenship
Deprivation — by govt (fraud, disloyalty)
Minor children lose with parent (renunciation)
Can reclaim at 18 if parent renounced

📜 CAA 2019

6 religions: Hindu, Sikh, Buddhist, Jain, Parsi, Christian
3 countries: Pakistan, Bangladesh, Afghanistan
Before 31 Dec 2014
Residency: 11 yrs → 5 yrs
Does NOT apply in NE tribal + ILP areas

📄 Topic-Wise PYQs & Tricky Questions

Q1. Article 1 of the Indian Constitution describes India as: CDS PYQ

(a) A Federal State(b) A Confederation of States(c) A Union of States(d) A Republic of States

✔ Answer: (c) A Union of States

Article 1 states: "India, that is Bharat, shall be a Union of States." The word "Federation" was deliberately avoided. Dr. Ambedkar explained that a "Union" is indestructible — states cannot secede. India's states have no right to separate from the Union.

Q2. Under Article 3, can Parliament alter the boundaries of a state without the consent of that state? Tricky

(a) No — state's consent is mandatory(b) Yes — without any reference to state(c) Yes — after consulting (not obtaining consent of) the state legislature(d) No — requires a constitutional amendment

✔ Answer: (c) Yes — after only consulting the state legislature

Under Article 3, Parliament must refer the bill to the concerned state legislature for opinion only. The state's consent is NOT mandatory — Parliament can override the state's opinion. This is a key unitary feature of India — Parliament has ultimate power to redraw the political map.

Q3. "Territory of India" is wider than "Union of India." Which is included in Territory but not in Union? CDS PYQ

(a) States(b) Union Territories(c) Acquired territories(d) Scheduled Tribes areas

✔ Answer: (c) Acquired territories

"Territory of India" includes: (i) States, (ii) Union Territories, and (iii) Acquired territories. "Union of India" includes only (i) States and (ii) UTs. Acquired territories — territories India may acquire in future — are in Territory of India but NOT in Union of India. Example: Before Goa became a UT (1961), it was an acquired territory.

Q4. How many methods are prescribed under the Citizenship Act 1955 for acquiring Indian citizenship? CDS PYQ

(a) Three(b) Four(c) Five(d) Six

✔ Answer: (c) Five

The Citizenship Act 1955 prescribes five methods: (1) By Birth, (2) By Descent, (3) By Registration, (4) By Naturalisation, (5) By Incorporation of Territory. Similarly, citizenship can be lost in three ways: Renunciation, Termination, and Deprivation. The "5 ways to acquire, 3 ways to lose" is a directly tested pattern in CDS.

Q5. The CAA 2019 provides citizenship to persecuted minorities from which three countries? CDS PYQ

(a) Pakistan, Bangladesh, Myanmar(b) Pakistan, Afghanistan, Sri Lanka(c) Pakistan, Bangladesh, Afghanistan(d) Bangladesh, Myanmar, Nepal

✔ Answer: (c) Pakistan, Bangladesh, Afghanistan

CAA 2019 applies to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who entered India before 31 December 2014. Myanmar and Sri Lanka are NOT included. Common trap: Myanmar is excluded; the three chosen countries specifically have Islamic state constitutions.

Q6. A person who voluntarily acquires citizenship of another country automatically loses Indian citizenship under which provision? CDS PYQ

(a) Renunciation(b) Termination(c) Deprivation(d) Cancellation

✔ Answer: (b) Termination

Termination is automatic loss of Indian citizenship by operation of law when a citizen voluntarily acquires another country's citizenship. No formal act is needed. Renunciation = voluntary formal declaration. Deprivation = government stripping (fraud, disloyalty). India does not permit dual citizenship.

Q7. Under CAA 2019, the residential period for naturalisation for eligible persons was reduced to: CDS PYQ

(a) 3 years(b) 5 years(c) 7 years(d) 11 years

✔ Answer: (b) 5 years

Normal residential requirement for naturalisation is 11 years. CAA 2019 reduced this to 5 years for eligible migrants (persecuted minorities from Pakistan, Bangladesh, Afghanistan who entered before 31 December 2014).

Q8. Which article empowers Parliament to make laws with respect to acquisition and termination of citizenship? Tricky

(a) Article 5(b) Article 9(c) Article 10(d) Article 11

✔ Answer: (d) Article 11

Article 11 states: "Parliament shall have power to make any provision with respect to the acquisition and termination of citizenship." This is the enabling provision under which Parliament enacted the Citizenship Act 1955 and all subsequent amendments including CAA 2019. Articles 5–10 are transitional provisions only.

📋 Quick Reference — POC03

🗺️ Articles 1–4

Art. 1 — India = Union of States (not Federation)
Art. 2 — Admit new states
Art. 3 — Alter/form/rename states (simple majority)
Art. 3 — State consultation; consent NOT needed
Art. 4 — Not constitutional amendments

🏛️ 5 Ways to Acquire

① Birth (born in India)
② Descent (parent was citizen)
③ Registration (7 years residence)
④ Naturalisation (11 years; CAA: 5 yrs)
⑤ Incorporation of Territory

🚪 3 Ways to Lose

Renunciation — voluntary declaration
Termination — auto (foreign citizenship acquired)
Deprivation — govt strips (fraud, disloyalty)
Single citizenship — no dual in India

📜 CAA 2019

6 religions (no Muslims) from 3 countries
Pakistan + Bangladesh + Afghanistan
Entry before 31 December 2014
Residency: 11 years → 5 years
Not in NE tribal areas (6th Schedule/ILP)

🔑 Key Distinctions

Territory of India > Union of India
Acquired territories in Territory, not Union
Parliament = simple majority for Art. 3
State consent NOT needed for boundary change
Art. 4 laws = NOT constitutional amendments

📅 Citizenship Articles

Art. 5 — Citizens at commencement
Art. 6 — Migrants from Pakistan (before 19 Jul 1948)
Art. 9 — Foreign citizenship = lose Indian
Art. 11 — Parliament makes citizenship laws
Citizenship Act 1955 — enacted under Art. 11

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