CONSTITUTIONAL LAW: A

COMPREHENSIVE INTRODUCTION
Karthik Shiva
Assistant Professor of Law
The Tamil Nadu Dr Ambedkar Law University, Chennai
 INTRODUCTION
◦ Constitution – 14th Century - "law, regulation, edict;
body of rules, customs, or laws”

◦ From Latin word ‘constitutionem’ à "act of settling,

settled condition, anything arranged or settled upon,
regulation, order, ordinance"

◦ ‘Constituere’ à "to cause to stand, set up, fix, place,

establish, set in order; form something new; resolve”

◦ “Mode of organization of a state" – 16th Century à

"system of fundamental principles by which a community
is governed" dates from 1730s – USA and France
 INTRODUCTION
◦ Constitution – Refers to the legislative instrument that forms
the basis for the governance of the nation – Supreme Law of
the Land
◦ Constitutional Law – Compilation of laws, principles,
precepts, norms and convention including the Constitution of
a nation. It is broader than the 'constitution’
◦ Constitutionalism – Limited Government/Sovereignty and
Rule of Law
◦ Constitution without Constitutionalism – People’s
Democratic Republic of North Korea
◦ Constitutionalism without Constitution – United Kingdom
 MEANING AND CONCEPT
◦ The Constitution of the Nation – Rules of the Game – Do’s and Don’ts of All
Stakeholders/Players – Binding on the Citizens and the State (Government)
◦ It is focussed on the relationship between various constitutional institutions,
wings, offices, officers, functionaries and their relationship with one another
◦ It lays down the organisational structure and administrative/governance
framework of various entities operating under the Constitution
◦ It creates, empowers and limits the power, privileges and functions of
various constitutional entities
◦ It lays down the conception of separation of powers, division of powers and
a system of checks and balances
 HISTORY AND EVOLUTION OF
CONSTITUTIONS
◦ Gradual Process and Incremental Progress over Millenia

◦ Development of Constitution à Replacement of Rule by Man à Rule of Law

◦ Discarding of Divine Right Theory à Unlimited Sovereignty à Limited Sovereignty and

Government à Protection of Rights of the People

◦ Ancient Constitutions v. Modern Constitutions – Code of Ur Nammu – 2350 BCE –

Constitution of Athens – Magna Carta (1215 AD) – Conception and Codification of Rule
of Law – Britain as the “Mother of Democracies”

◦ Concept of ‘Dharma’ – Code of Manu – Ashoka’s Edicts

◦ Modern Constitutions – heavily influenced by the British, US and French Constitutional

Framework and polity – Liberal Democracies and Constitutions
 HISTORY AND EVOLUTION OF
CONSTITUTIONS
◦ The Question of Endurance of Constitutions

◦ Constitutional Birth, Decay and Death

◦ How long do constitutions endure?

◦ Average Shelf Life of Constitutions around the World – 19 years

◦ Thomas Jefferson’s opinion on Constitutional Death – US Constitution should expire
in 19 years – “Dead should not govern the living”
◦ Constitution as a document for ‘Generations’ – Concept of Posterity

◦ ‘Evolving’ Constitution – ‘Living’ Constitution – Organic Document – keeps pace with

the changing needs of society – need not be shackled

◦ Constitutional Originalism v. Living Constitutionalism – Tombstone v. Tree

 MEANING AND CONCEPT
◦ Constitution – As a system of higher law – Fundamental/Basic Law –
Constitutional Law v. Ordinary Law – Forms the Source and Basis for all
the laws of the nation – Fount and Foundation of the Legal Framework
◦ It cannot be unilaterally changed by an ordinary legislative Act –
Constituent Power v. Legislative Power
◦ Serves as a Guiding Light – ‘Light House’ for all constitutional entities
◦ Serves as a Manual – ‘Working’ the Constitution and Running the Nation
◦ Blueprint and Roadmap for the Polity and Administrative Structure of the
Nation
 CONCEPT AND DEFINITION
◦ Constitution may mean different things to different nations and different
people

◦ No universal and uncontested definition

◦ Broadly speaking, it is a set of fundamental legal-political rules

a) Binding on all entities including ordinary law making
b) Concerns the structure and operation of the institutions of government
c) Premised on Public Legitimacy
d) Harder to change than Ordinary Laws
e) Democratic framework including representation and human rights
 FUNCTIONS OF THE CONSTITUTION
◦ Constitution as a “legal, social and political document”

◦ Declare and Define the boundaries of the Nation

◦ Declares and defines the nature of authority of the political community

◦ Expresses the identity and values of a national community

◦ Declares and Defines the rights and duties of the citizens

◦ Establishes and regulates the political institutions of the nation

◦ Lays down the division and sharing of power between layers and levels of
government/sub-state communities (geographic/linguistic communities)

◦ Declare the official religious identity of the nation and demarcate the
sacred and the secular authorities
◦ Pledge commitment to specific social, economic and developmental goals
FUNCTION OF THE CONSTITUTION
 CLASSIFICATION OF CONSTITUTIONS
Constitutions can be classified based on the following
distinguishing features;

1. Form of the Constitution

2. Ease of change/amendment making to Constitution

3. Degree of observance of constitution in Practice

4. Content of the Constitution and Structure of Governance

established
 KINDS OF CONSTITUTIONS
Constitutions around the world can be classified by on their mode of
enactment, features, role and significance into the following types;
a) Written and Unwritten Constitutions

b) Codified Constitutions and Uncodified Constitutions

c) Enacted Constitutions and Evolved Constitutions

d) Rigid Constitutions and Flexible Constitutions

e) Effective Constitutions, Nominal Constitutions and Façade/Sham

Constitutions

f) Other Types à Monarchical, Republican, Parliamentary, Presidential,

Unitary and Federal
 WRITTEN CONSTITUTION V. UNWRITTEN
CONSTITUTION
The dichotomy of written and unwritten constitution sounds paradoxical and but is
not to be taken literally as;

1. Unwritten constitutions DOES NOT MEAN that nothing is written

2. Written Constitution DOES NOT MEAN everything is written

Thus it is important to note that;

a) An Unwritten Constitutions also has certain parts of it being put into a written
documents. But it is SCATTERED and NOT consolidated into SINGLE Document.

b) An Written Constitution may also have certain parts that remain unwritten in
the form of Constitutional conventions, traditions, customs, etc.
CODIFIED CONSTITUTION V. UNCODIFIED
CONSTITUTION
Thus, generally no Constitution can be considered to
100% unwritten or 100% written

Every constitution is a blend of unwritten and unwritten

parts. The test is to find out which is PREDOMINANT

The typology of CODIFIED AND UNCODIFIED

CONSTITUTION can be used to better describe the
Constitutions around the world
 CODIFIED CONSTITUTION V. UNCODIFIED
CONSTITUTION

CODIFIED CONSTITUTION:

A codified constitution is one in which key constitutional provisions are

collected together within a single document, known as “written
constitution.

A codified constitution is made of higher laws, which ordinary laws can

not contradict. It is the highest law of the land. This means a country
with a codified law has hierarchy of laws.

Examples: USA, India, France Australia, etc.

 CODIFIED CONSTITUTION V. UNCODIFIED
CONSTITUTION
UNCODIFIED CONSTITUTION: A country running an
uncodified law is one in which there are various sources for
its laws.

Some of which include statutes laws, made by parliament,

common law, conventions, and various works of authority
that clarify and explain the constitution unwritten elements.

Examples: United Kingdom, Israel, New Zealand, Bhutan,

Saudi Arabia, Oman, etc.
 RIGID V. FLEXIBLE CONSTITUTION
Flexible Constitution: The difference between a rigid constitution and a flexible one is based on the issue of
how easy it is to amend a constitution.

In flexible constitution, laws of great importance can be changed through ordinary legislative processes and
conventions.

Rigid Constitutions: Generally, written/codified constitutions are likely to be rigid and unwritten/uncodified
constitutions are likely to be flexible

It does not follow that written constitutions are rigid and unwritten ones flexible

A rigid constitution may require a referendum to amend or even a special majority in the legislative arm.

Rigidity in Ensured à Through Constitutional Unamendability, Higher Threshold/Majority, Ratification by

States or Referendum requirements à Procedural and Substantive Checks/Controls

Example à Special requirement of a two-third majority of the two houses à USA, three-quarter of the states
must in addition give support

The only source of change of rigid constitutions has been with continuous interpretation by the courts.
EFFECTIVE, NOMINAL AND FAÇADE CONSTITUTIONS
EFFECTIVE CONSTITUTION: It rests on the relationship between what obtains in the constitution
and what obtains in the actual practical day to day running of government.

It boils down to the issues about constitutional rules and principles and the practice of
government

An effective constitution fulfils to criteria

1. in a major respect, an effective constitution ensures that the practical affairs of government
correspond to the provision of the constitution

2. what obtains in condition is so because the constitution has the capacity to limit
government behaviour.

An effective constitution is one in which the constitution constrains government actions and
inactions, thereby establishing constitutionalism
EFFECTIVE, NOMINAL AND FAÇADE CONSTITUTIONS

NOMINAL CONSTITUTION: A nominal constitution is one in which

its principles actually state how government should behave but
such constitution fail to limit government behaviour. Ex: USSR. The
court often has little or no power to enforce the constitution

FAÇADE CONSTITUTION: In the case of façade constitution what we have

is that there are constitutions that are mere decorations but the
dictatorial tendencies of the government will not allow such constitutions
to have any relevance.
 OTHER CLASSIFICATIONS
Monarchical constitutions confers constitutional supremacy in a dynasty.
Republican Constitutions invests constitutional supremacy or political
authority in the people.
Unitary constitutions establishes a single national body
Federal constitution divides power between a federal government and
other levels of government
Parliamentary constitution ensures that the executive derives and is
accountable to the assembly
Presidential constitutions separates the executive arm and the legislative
arm
CHARACTERISTICS OF THE CONSTITUTIONALISM
◦ According to Barnett, constitutionalism embraces limitation of power (limited government),
separation of powers (checks and balances) and responsible and accountable government

◦ Henkin identifies the following as essential features (characteristics) of constitutionalism

1. Popular sovereignty,
2. Rule of law,
3. Limited government,
4. Separation of powers (checks and balances),
5. Civilian control of the military,
6. Police governed by law and judicial control,
7. An independent judiciary,
8. Respect for individual rights and
9. the Right to self-determination
 SEPARATION OF POWERS V. DIVISION OF
POWERS
◦ Separation of Powers – It is the
demarcation of the legislative, executive,
and judicial functions
Executive Legislature
of government among separate and
independent bodies

◦ Complemented by Checks and Balances

Judiciary

◦ Principle of Independence of Judiciary

 SEPARATION OF POWERS V. DIVISION OF
POWERS

◦Division of Powers – It is
Union
division of powers between Government

various levels of government – State

Government
Union, State and Local (if any)
Local
Government
◦Three-tier structure in India
 CONSTITUTIONAL CONVENTIONS
◦ Constitutional conventions are rules of good political behaviour.
◦ These rules are unwritten, non-legal—and so legally unenforceable
◦ It does not mean that they lack enforcers, or sanctions which will usually
be political, not legal in nature.
◦ Constitutional conventions are at work across all branches of
government—legislative, judicial, and executive.
◦ Each embodies a principle of responsible government, or self-restraint:
not exercising legal powers to the full; not abusing public power; and
respecting the constitutional role and functions of the other branches of
government.
 SOURCES AND DEVELOPMENT OF
CONSTITUTION OF INDIA
The sources and development of the Constitution drew its
foundations and basis extensively from the

a. Indian Freedom Movement,

b. Historical Constitutions,

c. Colonial Legislations/Instruments

d. Development of International Law and Human Rights

e. Foreign Constitutional Frameworks, Systems and Principles

 SOURCES AND DEVELOPMENT OF
CONSTITUTION OF INDIA
The Constitution of India is traced to the several different developments,
legislation and historical Constitutions in Pre-Independent India viz;

a. The Constitution of India Bill, 1895

b. The Commonwealth of India Bill 1925

c. Declaration of Purna Swaraj (1930)

d. Constitution of Free India (MN Roy)

e. Gandhian Constitution of Free India

f. Outline of a New Constitution (B.N Rau)

CONSTITUENT ASSEMBLY OF INDIA
◦ Demand for a separate Constituent Assembly by INC in 1935
following a proposal by M.N Roy in Dec. 1934
◦ The Constituent Assembly of India drafted the Constitution of
India through 165 days of debates between 7th Dec. 1946 – 26th
Nov. 1949
◦ Membership – 389 (292+93+4) – Post-partition - 299

◦ Members of the Constituent Assembly were elected by the

provincial assemblies by a single, transferable-vote system of
proportional representation
◦ Dual Role à Provisional Parliament and Constituent Assembly
of India
SALIENT FEATURES OF CONSTITUTION OF
INDIA
◦ Comprehensive Constitution (Lengthiest Written Constitution in the
World)
◦ Plurality of Source Documents (Drawn from Various Sources)
◦ Hybrid Nature of Amending Power (Blends Rigidity & Flexibility) (art.
368)
◦ Quasi-Federal System (Federal with a Unitary Bias) (Centre-State
Relations)
◦ Parliamentary Form of Government
◦ Single Citizenship (art. 5-11)
SALIENT FEATURES OF CONSTITUTION OF
INDIA
◦ Supremacy of the Constitution

◦ Independence of Integrated Judiciary (Collegium to NJAC)

◦ Fundamental Rights (art. 12-35)

◦ Directive Principles of State Policy (art. 36-51)

◦ Fundamental Duties (art. 51A)

◦ Universal Adult Franchise (art. 326)

SALIENT FEATURES OF CONSTITUTION OF
INDIA
◦ Independent Regulatory Bodies/Offices (art. 148-151)
(art. 315-323) (art. 324)
◦ Concept of Judicial Review (art. 13)
◦ Affirmative Action (Special Provisions for Certain
Classes) (art. 330-342) {art. 15(3), (4), (5), art. 16(4)}
◦ Concept of Welfare State
◦ Concept of Rule of Law
◦ Three-tier structure of Government
◦ Cooperative Societies
 DEFINITION OF FEDERALISM
• Elazar à Federalism combines partial self-government with partial shared
government

• Prof. K.C Wheare à Defines federalism à ‘By the federal principle I mean the
method of dividing powers so that the general and regional governments are each,
within a sphere, co-ordinate and independent’
• Kelemen à ‘Federalism is an institutional arrangement in which
(a) public authority is divided between state governments and a central
government,
(b) each level of government has some issues on which it makes final decisions,
and
(c) a high federal court adjudicates disputes concerning federalism’
NATURE AND CONCEPT OF FEDERALISM
• There are two or more levels (tiers) of government.

• Each level of government has its separate jurisdiction in

matters of legislation, taxation, and administration even
though they govern the same citizens.

• The Constitution specifies and guarantees the powers

and functions of each government tier.

• The Supreme Court has been given the power to settle

disputes between state governments.
CONCEPT OF INDIAN FEDERALISM
◦ Union of States
◦ No Right to secede (Instrument of Accession)
◦ Single Constitution (J&K)
◦ Single Civil and Criminal Procedure & Law (Goa
and J&K)
◦ President Indirectly Elected
◦ Governors appointed by the President
◦ Three Lists of Legislative Powers
 CONCEPT OF INDIAN FEDERALISM
◦ Legislative Power of the Union and the States

◦ Executive Power of the Union and States

◦ Fiscal Powers of the Union and the States

◦ Emergency Powers of the Union (Art. 352-360)

◦ Dispute Settlement under the Constitution (Art. 131)

◦ Concept of Union Territories

◦ Recent Constitutional Changes and Federalism (GST, J&K

Special Status)
 LATIMER HOUSE PRINCIPLES
◦ Commonwealth (Latimer House) Principles on the Three Branches of
the Government à Nov. 2003
◦ Role of Three Wings of Government à Rule of Law, Good Governance
and Human Rights within respective spheres
◦ It comprises ten principles that broadly lay down the framework
Commonwealth countries accepted
◦ These principles relate to The Three Branches: Parliament and
Judiciary, Independence of Parliamentarians, Independence of
Judiciary, Public Office Holders, Ethical Governance, Accountability
Mechanism, etc.
 MODELS OF FEDERALISM
• Cooperative Federalism v. Competitive
Federalism

• Coming Together Federalism v. Holding Together

Federalism

• Fiscal Federalism and Environmental Federalism

PARLIAMENTARY SYSTEM OF GOVT
◦ Different Nominal and Real Head
◦ Overlap of Executive and Legislature
◦ Accountability of the Executive
◦ Principle of Collective Responsibility
◦ Concentration of Powers in PM & CoM
PRESIDENTIAL SYSTEM OF GOVT
◦ Separation of Powers

◦ Concept of Checks and Balances

◦ Direct elections of Head of the State

◦ Veto Power

◦ Judicial Independence
PREAMBLE OF THE CONSTITUTION
◦ When was the preamble adopted in the Constituent
Assembly of India?
◦ Oct. 17, 1949
◦ Traced to the Objectives Resolution moved by Pandit
Jawaharlal Nehru on Dec. 13, 1946
◦ It is a broad outline of the vision of the Constitution of
India
◦ Roadmap – contains the gist of the Constitution
◦ Preface/Foreword to the Constitution
PREAMBLE OF THE
CONSTITUTION OF
INDIA
 CA-DEBATES ON THE PREAMBLE
◦ Suggestion & Amendments
◦ ‘Union of Indian Socialistic Republics’ – against Constitutional Scheme –
negatived
◦ ‘In the name of God’ – ‘Compulsion of faith’ – Putting God on Vote – 41:
68 – negatived
◦ Shibban Lal Saxena à ‘Gandhi’ àBrajeshwar Prasad à ‘Rotten
Constitution’ – Non inclusion of his name – Withdrawn
◦ Adopted as moved by the Drafting Committee
◦ Objective and Purposive nature of usage of words and phrases in
Preamble
PREAMBLE – NATURE AND SCOPE
The Preamble to the Constitution is said to comprise of three parts;

a). Declaratory

b). Resolutory

c). Promissory

It corresponds to the three major aspects dealing with the following;

a). Date and source of the constitution

b). Objects of the Constitution

c). Rights and Freedoms enshrined therein

 PREAMBLE – CONCEPT AND MEANING
◦ Sovereignty – External Independence + Internal Supremacy – “exclusive, unqualified and
supreme authority” – limited only by constitutional law and international law
◦ Concept of Sovereignty - Justice R.M Sahai – N. Nagendra Rao v. State of Andhra Pradesh
AIR 1994 SC 2663 – “sovereignty as an archaic concept has ceased to survive” –
sovereignty vests in the people – executive, legislature and judiciary are constituted to serve
the people
◦ Socialism – very much a part of the Indian constitutional setup – Ambedkar’s critique of
the absence of socialism in the objectives resolution – aims at establishing a egalitarian
society premised on equity and equality – formally included by the 42nd Constitution
Amendment, 1976
◦ Socialism in India – unique blend of Marxian socialism and Gandhian thought – Gandhian
Socialism or Democratic socialism – D.S. Nakara v. Union of India AIR 1983 SC 130
◦ Reflected in the Directive Principles of State Policy – aims to secure social and economic
rights to the citizens
◦ Mixed Economy with social control of key sectors to prevent concentration of economic
resources and monopoly – scheme of Indian socialism – Excel Wear v. Union of India
PREAMBLE – CONCEPT AND MEANING
◦ Secularism – Sardar Swaran Singh Committee – equal respect for all religions –
Indian conception of secularism is not based on the US model of strict and
absolute separation of Church and state – “In the Name of God” – HV Kamath’s
suggestion – negated by the Constituent Assembly
◦ Premised on recognition and protection of freedom of religion embodying religious,
ethnic and cultural pluralism – Aruna Roy v. Union of India – importance of
respect, tolerance and learning of fundamentals of Indic religions – not “religious
instruction” – does not contravene with secular character
◦ Constitution (Forty-Fifth Amendment) Bill, 1978 proposed to define the
expression “secular republic” as “a Republic in which there is equal respect for
all religions.”
◦ The Constitution (Eightieth Amendment) Bill, 1993 sought to empower
Parliament to ban parties and associations that promote religious disharmony,
and to disqualify members who indulge in such misconduct.
◦ Both of the bills, however, were not passed on “technical” grounds
 PREAMBLE – CONCEPT AND MEANING
◦ Republic – head of the state is elected directly – unlike Britain – Constitutional
Monarchy
◦ India is a member of the Commonwealth of Nations
◦ Australia and Canada – Crown of England – continues to be the Head of the State –
King of Canada and King of Australia – King Charles III
◦ Republican nature of the Indian state not affected by India’s membership in the
Commonwealth of Nations
◦ Justice – Social, Economic and Political – underlying reason and rationale in the
ordering of these words – backdrop of the caste discrimination (social justice) –
existence of the widespread poverty, illiteracy and malnutrition (economic justice)
◦ Justice – encompasses “gender justice” as well – development of the gender
equity, equality and justice through the decision of the Courts of law
 TRINITY UNDER THE PREAMBLE
◦ Liberty, Equality and Fraternity – inspired by the French Declaration

◦ Trinity is essential to preserve and protect democracy and justice

◦ Dr Ambedkar’s view on the trinity – “Without equality, liberty would produce the supremacy

of the few over the many. Equality without liberty would kill individual initiative. Without

fraternity, liberty and equality could not become a natural course of things”

◦ Liberty of thought, expression, belief, faith and worship – Free Speech and Freedom of Religion

◦ Equality under the Constitution – Aims at Formal and Material Equality – Provisions relating to

Equality – Art. 14 to 18 of the Constitution

◦ Prohibits discrimination on the grounds of religion, race, caste, sex, creed or place of birth
 TRINITY UNDER THE PREAMBLE
◦ Fraternity is based on the notion of universal brotherhood, shared culture, heritage and mutual
respect and cooperation

◦ “Fraternity refers to every bond between two human beings, whether temporary or
permanent, whether it is contractual or sacramental, whether it is voluntary or commanded
by law” – Rajasthan State Electricity Board v. Sultan Mohammed (High Court of Rajasthan)

◦ S v. Makwanyane – 1995 – SA Constitutional Court - ‘ubuntu’ reflects the shared commonalities of

the community – unconditional respect, dignity, value and acceptance for the members of the
community – death penalty declared unconstitutional

◦ Nandini Sundar v. State of Chhattisgarh – “Salwa Judum” practice – emphasis on the concept of
fraternity and how the practice violates the same – employing uneducated, undertrained and
underpaid tribal population in the fight against extremists violates the constitution.
INTERPRETATION OF THE PREAMBLE
◦ The first question that is to be decided is whether the Preamble is a part of the
Constitution or not?

◦ In Re Berubari Union and Exchange of Enclaves Case (AIR 1960 SC 845), the
Supreme Court stated that ‘Preamble is the key to open the mind of the makers’

◦ It may show the general purposes for which they made the several provisions in the
Constitution but it can not be considered as part of the Constitution.

◦ Drawing from the Interpretation of the American Constitution

◦ Interpretative History of Constitution Preamble v. Legislative Preamble

(Ordinary Law)

◦ Hence, it is not enforceable in a court of law.

INTERPRETATION OF THE PREAMBLE
In Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, the
Supreme Court reversed the earlier decision in Berubari case and ruled
as follows:

(i) That the Preamble to the Constitution of India is a part of the

Constitution;

(ii) That the Preamble is not a source of power or a source of limitations

or prohibitions;

(iii) The Preamble has a significant role to play in the interpretation of

statutes and also in the interpretation of provisions of the Constitution.
INTERPRETATION OF THE PREAMBLE
◦ It can be concluded that preamble is part of the introductory
part of the Constitution.

◦ The Preamble cannot control, qualify or restrict the meaning

and

◦ In Union Government v. LIC of India also, the Supreme

Court has once again held that Preamble is the integral part
of the Constitution but is not directly enforceable in a court of
justice in India.
INTERPRETATION OF THE PREAMBLE
The preamble may not be used to override clear and unambiguous provisions of the
constitution. It is particularly important in the following cases;

a). Preamble can be resorted to only when the language of a provision is reasonably capable
of alternative construction.

b) Preamble cannot either restrict or extend the meaning and scope of the words used in
the enacting part.

c). In case of conflict between Preamble and a section, the preamble would succumb and
section shall prevail.

d). Preamble cannot be regarded as source of any substantive power or of any prohibition
or limitation.
INTERPRETATION OF THE PREAMBLE
◦ CJ Subba Rao held in Golak Nath v. State of Punjab AIR 1967 SC
1643 – “The Preamble contains in a nutshell all its ideals and its
aspirations”

◦ The Preamble is an integral part of the Constitution of India and it is a

valuable aid in the construction of the Constitution

◦ Charan Lal Sahu v. Union of India (1990) 1 SCC 613 – The Preamble
occupies the same position as other enacting words or provisions
of the Constitution.
 WHAT IS INDIA?

PEOPLE
GOVERNMENT

TERRITORY
 THE UNION AND ITS TERRITORY
◦ The existence of a defined territory is the primary
requirement for a sovereign nation-state

◦ What is India? Geographically Speaking ? Part-I tells us

◦ Part-I deals with Union and Its Territory

◦ Art. 1-4 of the Constitution of India

◦ Its outline the length and breadth, the metes and bounds
of the country.

◦ Independent India = British India, Princely States and

Other Territories (subsequently)

◦ Began with Indian Independence Act, 1947 bifurcating

encompassing major parts of British India with subsequent
additions of 565 Princely States
 THE UNION AND ITS TERRITORY
Art. 1: Name and territory of the Union — (1) India, that is Bharat,
shall be a Union of States. (Union not a Federation)

(2) The States and the territories thereof shall be as specified in the
First Schedule.

(3) 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.

 THE UNION AND ITS TERRITORY
Art. 1: Union not a Federation – “Indestructible Union of
Destructible States” à Aftermath of Partition – decide to replace
‘federation’ with ‘union’

Reasoning of Dr. B.R. Ambedkar:

◦ Indian Union is not the result of an agreement like that of

American Federation

◦ No right to secede from the Union

 TYPES OF TERRITORIES IN INDIA
The territory of India was classified
originally into the following 4 categories;

10 – Part A States – British Indian

Provinces

8 – Part B States – Princely States

9 – Part C States – Former Chief

Commissioner’s Province and PS

1 – Part D States – Andaman and Nicobar

Islands
REORGANISATION OF STATES IN INDIA
◦ Justice SK Dhar Commission - 1948 à Need
for Reorganisation of States on Linguistic
Basis à Suggested administrative
convenience and Geographical Factors
instead

◦ JVP Committee Report – J. Nehru, S.V Patel

and Pattabhi Sitaramayya – Dec. 1948 à
rejected linguistic reorganisation of states
◦ Demand for Andhra Pradesh – Potti Sriramulu

◦ Justice Fazal Ali – Commission on State

Reorganisation
 TYPES OF TERRITORIES IN INDIA
The territory of India was reorganised into
2 categories;
i) States

ii) Union Territories

This was done by the Constitution (Seventh

Amendment) Act, 1956 and the State
Reorganisation Act, 1956.

Placed all states on equal footing

Additional territories may be acquired by the

Union under Art. 1(3)(c) of COI
INDIA IN 1956
 THE UNION AND ITS TERRITORY
The other territories as may be acquired by the Union through either
of the following ways;

a). Cession

b). Occupation

c). Subjugation

d). Acquisition

e). Prescription

f). Accretion
 THE UNION AND ITS TERRITORY
a). Cession - Cession of the state territory is the transfer of
sovereignty over state territory by the owner state to another state.

b). Occupation – It is a state’s intentional claim of sovereignty over

territory treated by the international community as terra nullius, or
territory that does not belong to any other state

c). Subjugation - Subjugation is the acquisition of territory by

conquest followed by annexation. This direct mode of acquisition is
often called title by conquest.
 THE UNION AND ITS TERRITORY
e). Acquisition – It involves transfer of title in a territory for consideration.
It may be through sale, leasehold or any other form of transfer between
sovereigns

f). Prescription - A prescription can be defined as “the acquisition of

sovereignty over a territory through a continuous and undisturbed
exercise of sovereignty over it as is necessary to create the general
conviction it is in conformity with the international order”.

g). Accretion - Accretion refers to the physical expansion of an existing

territory through the geographical process. It is the name for the increase
of land due to some new formations
 THE UNION AND ITS TERRITORY
Art. 2: Admission or establishment of new States.—
Parliament may by law admit into the Union, or establish, new
States on such terms and conditions as it thinks fit.

Parliament’s power to admit new states into the Union

Art. 2A [Sikkim to be associated with the Union.] Rep. by the

Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f.
26-4-1975).
 THE UNION AND ITS TERRITORY
◦ “May” and “Such terms and conditions as it thinks fit” à
Discretion of the Parliament

◦ No Theory of Equality of States in India similar to US and

Australian Constitution

◦ No requirement of identical treatment of states

◦ New state admitted cannot claim à Equality with existing states

◦ After admission, Art. 3 has to be followed by the Parliament à

Territorial Boundaries of such state
 THE UNION AND ITS TERRITORY
Art 3: Formation of new States and alteration of areas, boundaries or
names of existing States.—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:
 THE UNION AND ITS TERRITORY
Provided that no Bill for the purpose shall be introduced in either House of Parliament
except on the recommendation of the President and unless, where the proposal contained
in the Bill affects the area, boundaries or name of any of the States, the Bill has been
referred by the President to the Legislature of that State for expressing its views thereon
within such period as may be specified in the reference or within such further period as the
President may allow and the period so specified or allowed has expired.

Explanation I.— In this article, in clauses (a) to (e), “State’’ includes a Union territory, but
in the proviso, “State’’ does not include a Union territory.

Explanation II.—The power conferred on Parliament by clause (a) includes the power to
form a new State or Union territory by uniting a part of any State or Union territory to any
other State or Union territory.
 THE UNION AND ITS TERRITORY
◦ In Re Berubari Union and Exchange of Enclaves (1960)

◦ Facts: India-Pakistan Agreement concerning exchange of territory; i). Transfer

of One-Half of the area of Berubari Union by India to Pakistan ii) Transfer of One-
Half of Cooch Bihar enclaves

◦ Berubari Union comprised of 9 sq. miles and a population of 12000

◦ Government tried to implement the agreement à Popular agitation à

Presidential Reference under Art. 143

◦ Does the power of the Parliament to make diminish the area of the state include
the power to cede Indian territory to a foreign state?
 THE UNION AND ITS TERRITORY
QUESTIONS:

◦ Is legislative action necessary for implementing the Berubari agreement?

◦ If yes, Whether a Law under Art. 3 is sufficient or an amendment under art. 368 is
required or both?

CONTENTIONS:

◦ Agreement did nothing more than ascertain the true boundary of India

DECISION:

◦ Rejected by the Supreme Court à Requires amendment under art. 368

AFTERMATH:

◦ Constitution (Ninth) Amendment Act, 1960 was enacted by the Parliament

 THE UNION AND ITS TERRITORY
Haji Abdul Gani Khan & Anr v. Union of India & Ors. (2023)
◦ Constitutional Challenge of Delimitation Exercise in UT of J&K

◦ The Supreme Court has ruled that the Parliament has the power to
convert a State into a Union Territory

◦ Art. 3 the definition of State includes “Union Territory”

◦ Combined reading of Art. 3, 4 and Provisions relating to Union

Territories

◦ It also dismissed the petition challenging the delimitation

 THE UNION AND ITS TERRITORY
Art 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

(1) 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 or Legislatures of the State or
States affected by such law) as Parliament may deem necessary

(2) No such law as aforesaid shall be deemed to be an amendment of this

Constitution for the purposes of Article 368
 CITIZENSHIP - DEVELOPMENT
◦ Evolution of Status - From ‘Subject’ to ‘Citizen’ – ‘Ruler’ to
‘Representative’
◦ Ruler / Monarch à Subject
Divine Right Theory – Sovereign descended from Top – Will of God
– Unquestionable / Unaccountable – ‘Duties’ and ‘Privileges’

◦ Constitutional Government / Representative à Citizens

People’s Representative ascends from bottom – Will of the people
– Holding the sovereign to account – Accountability, Rights and
Duties
 MEANING AND CONCEPT
q Citizenship – The relationship between the individual
as a citizen with the state to which he or she may
belong
q Citizenship may be acquired through any of the
following modes in India
i. Birth
ii. Descent
iii. Registration
iv. Naturalisation
v. Incorporation of Territory
 MEANING AND CONCEPT
q Citizenship – reflected through a legal instrument – inevitably the
Constitution

q Establishes a contract between the citizen and the nation-state

q Lays down the vertical relationship between the citizen and the state

q Entails rights, responsibilities, privileges and protections for the

Citizen – denied or not equally enjoyed by aliens and non-citizens

q Enables then to articulate the dialect of ‘rights’ to the State – to seek

accountability – protections - ‘Right to have Rights’ – owed to the state
their allegiance, military service and taxation
 CITIZENSHIP IN INDIA
◦ Citizenship – Part – II of Constitution of India – Art. 5 to 11 –
Other than article 11, all other provisions relate to the
specific time frame of 1947 – 1950

◦ The Citizenship Act 1955 – Primary Law relating to

Citizenship in India – framed u/art. 11 by the Parliament

◦ Law Making Power – Art. 11 r/w Entry 17 of List – I, Seventh

Schedule
 MODES OF CITIZENSHIP
◦ Citizenship by Birth (sec. 3)
◦ Citizenship by Origin (sec. 4)
◦ Citizenship by Registration (sec. 5)
◦ Citizenship by Naturalization (sec. 6)
◦ Citizenship by incorporation of territory
(sec. 7)
MODES OF CITIZENSHIP
◦ Renunciation of Citizenship (sec. 8)
◦ Termination of Citizenship (sec. 9)

◦ Deprivation of Citizenship (sec. 10)

 TWO CONCEPTIONS OF
CITIZENSHIP
◦ Jus Soli – USA, Canada, Australia – adopted
◦ Jus Sanguinis – Continental Europe – adopted to
maintain link with descendants of its emigrants
◦ Naturalization permitted members of other states’
or nations’ ‘peoples’ to be assimilated into the
citizenry – racial discrimination
CITIZENSHIP – CONSTITUTIONAL PROVISIONS
◦ Art. 5 – Citizenship at the Commencement of the Constitution

◦ Art. 6 - Rights of citizenship of certain persons who have migrated to India from
Pakistan.

◦ Art. 7 - Rights of citizenship of certain migrants to Pakistan

◦ Art. 8 - Rights of citizenship of certain persons of Indian origin residing outside

India.

◦ Art. 9 - Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

◦ Art. 10 - Continuance of the rights of citizenship

◦ Art. 11 - Parliament to regulate the right of citizenship by law

CITIZENSHIP AT COMMENCEMENT (Art. 5)
5. At the commencement of this Constitution, every person who
has his domicile in the territory of India and—

(a) who 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.
 CITIZENSHIP AT THE COMMENCEMENT OF THE
CONSTITUTION (ART. 5)

Domiciled in India

Parent born within Resident in India for 5

Born in India territory of India years
CITIZENSHIP AT THE COMMENCEMENT OF THE
CONSTITUTION (ART. 5)

◦ Domicile is an essential requirement

◦ Domicile v. Residence à Difference

◦ Pradeep Jain v. Union of India AIR 1984 SC 142 à Single Domicile

in India – No concept of state domicile

◦ Domicile à Residence (factum) + Intention (animus)

◦ Intention can be inferred from the conduct of persons

 CONCEPT OF DOMICILE
◦ It means a permanent home or place where a person resides with the intention of

remaining there for an indefinite period

◦ Domicile can be described as an intention to reside in a particular territory which is

not transient or for a limited purpose only – Kirandeep Kaur v. Regional Passport

Office AIR 2006 Del 2.

◦ It denotes a connection with the territorial system of Law - DP Joshi v. State of

Madhya Bharat (1955) 1 SCR 1215

◦ Physical Element + Mental Element

◦ Domicile of a person is in that country in which he either has or is deemed by law to

have his permanent home.

 CONCEPT OF DOMICILE

The four general principles of domicile are as follows;

1. No person can be without a domicile;

2. No person can at the same time have more than one domicile;

3. An existing domicile is presumed to continue until it is proved that

a new domicile has been acquired; and

4. Domicile denotes the connection of a person with a territorial

system of law
 TYPES OF DOMICILE

The three modes of domicile are as follows;

1. Domicile of Origin

2. Domicile of Choice

3. Domicile by Operation of Law (Domicile of

Dependence)
 RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE
MIGRATED TO INDIA FROM PAKISTAN (ART. 6)

Art. 6: 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—

(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act,

1935 (as originally enacted); and

(b) (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 therefor 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

RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN (ART. 7)

Art. 7. 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.
RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN
RESIDING OUTSIDE INDIA (ART. 8)

Art. 8. Notwithstanding anything in article 5,

any person who or

either of whose parents or

any of whose grandparents 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.

PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP
OF A FOREIGN STATE NOT TO BE CITIZENS

Art. 9: 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

CONTINUANCE OF THE RIGHTS OF CITIZENSHIP
(Art. 10)

Art. 10: 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.

CONTINUANCE OF THE RIGHTS OF CITIZENSHIP
(Art. 11)

Art. 11: 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
 NON RESIDENT INDIAN (NRI)
◦ A Non-resident Indian (NRI) is to be distinguished from a Person of Indian Origin
(PIO) and Overseas Citizenship of India (OCI)

◦ An NRI is a person who is an Indian citizen but ordinarily resides outside India
and holds an Indian Passport

◦ An NRI person enjoys full citizenship in India does not require a visa to travel to
India and

◦ An NRI does not require any registration with the foreigners office

◦ The Central Government has by means of notifications handed out various

privileges and benefits to NRIs
 PERSON OF INDIAN ORIGIN (PIO)
◦ A Person of Indian Origin (PIO) means a foreign citizen (except a
national of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan,
Sri Lanka and Nepal)
a) who at any time held an Indian Passport Or
b) who or either of their parents/ grand parents/ great grand parents was
born and permanently resident in India as defined in Government of India
Act, 1935 and other territories that became part of India thereafter
provided neither was at any time a citizen of any of the aforesaid
countries; Or
c) Who is a spouse of a citizen of India or a PIO
 PERSON OF INDIAN ORIGIN (PIO)
◦ The PIO scheme was introduced in 2002

◦ A PIO in simple terms, is a foreigner who was previously an Indian national or whose
ancestors were Indian nationals

◦ The primary purpose of a PIO cardholders is to make it easier for foreign nationals of
Indian origin to enter India by granting them exemption from obtaining Indian visa

◦ There are certain restrictions, limitations on PIOs viz;

a. PIOs do not enjoy employment rights in Government of India services

b. They cannot hold any constitutional office in the Government of India.

c. They need prior permission for undertaking mountaineering, missionary activities,

research work and to visit restricted areas in India.
 PERSON OF INDIAN ORIGIN (PIO)
Benefits of a PIO card holders are as follows;

(i) They do not require a visa to visit India for a period of 15 years from the date of issue of the PIO card.

(ii) They are exempted from registration at FRRO/FRO if their stay does not exceeds 180 days. In case if
the stay exceeds 180 days, they shall have to register with Foreigners Regional Registration Office (FRRO)/
Foreigners Registration Office (FRO) within the next 30 days.

(iii) They enjoy parity with NRIs in economic, financial and educational benefits like:-

◦ Acquisition, holding, transfer and disposal of immovable properties in India, except agricultural/ plantation
properties

◦ Admission of children to educational institutions in India under general category quota for NRIs, including
medical and engineering college, IITs, IIMs etc

◦ Availing various housing schemes of LIC of India, State Government and Central Government agencies

◦ All future benefits that would be extended to NRIs would also be available to the PIO card holders.
 OVERSEAS CITIZEN OF INDIA
◦ Government of India decided to grant Overseas Citizenship of India (OCI) based on the
recommendation of the High Level committee on Indian Diaspora

◦ Covered by sec. 7A-7D of the Citizenship Act, 1955

◦ Sec 7A – Registration of OCI Cardholder

◦ Sec. 7B – Conferment of right on OCI Cardholder

◦ Sec. 7C – Renunciation of OCI Card

◦ Sec. 7D – Cancellation of registration of OCI Cardholder

◦ A person registered to OCI is eligible to apply for grant of Indian citizenship under section
5(1) (g) of the Citizenship Act, 1955 if he/she is registered as OCI for five years and has
been residing in India for one year out of five years before making the application.
 OVERSEAS CITIZEN OF INDIA
As per Sec. 7A of the Citizenship Act, 1955 – A foreign citizen

(i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or

(ii) who was eligible to become a citizen of India on 26th January, 1950; or

(iii) who belonged to a territory that became part of India after 15th August, 1947; or

(iv) who is a child or a grandchild or a great grandchild of such a citizen; or

(v) who is a minor child of such persons mentioned above; or

(vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or

(vii) who is a spouse of an OCI Cardholder/ Indian Citizen

- is eligible for registration as OCI cardholder.

◦ Foreign citizens cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. – Requires any
other long duration visa

◦ The foreigner has to be ordinarily resident of India to be eligible to apply for OCI registration in India.

◦ Note: 'ordinarily resident' will mean a person staying in a particular country or in India for a continuous period of 6 months.
 OVERSEAS CITIZEN OF INDIA
Foreign Citizen
(Except certain countries)

1. Former Indian Citizen

(on/after 26th Jan. 1950) Spouse* of
2. Former Eligible Person (on
26th Jan. 1950)
Minor Child of OCI OCI/Indian Citizen
3. Belongs to territory /Indian Citizen (Marriage registration + 2
incorporated into India (after year waiting period)
15th Aug. 1947)

Territories incorporated into India after 15.08.1947

Dadra & Nagar Haveli – 11.08.1961 * Issued to One
Goa, Daman & Diu – 20.12.1961 Living Spouse
Puducherry – 16.08.1962 Only
Sikkim – 26.04.1975
 OVERSEAS CITIZEN OF INDIA
◦ Special Route to Indian Citizenship – A person registered as an OCI Cardholder is
eligible to apply for grant of Indian citizenship under section 5(1) (g) of The Citizenship
Act, 1955 if

a) he/she has attained full age (18 years) and

b) he/she is registered as OCI Cardholder for five years and

c) is ordinarily resident in India for twelve months before making an

application for registration.

◦ Further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs
(MOIA) under section 7B (1) of the Citizenship Act, 1955.

◦ EXCLUSION: If the applicant had ever been a citizen of Pakistan or Bangladesh, he/she
will not be eligible for OCI.
 OVERSEAS CITIZEN OF INDIA
Registered OCIs shall be entitled to following benefits:

(a) Multiple entry, multi-purpose life long visa to visit India;

Provided that for undertaking the following activities, the OCI Cardholder shall be required to
obtain a special permission or a Special Permit, as the case may be, from the competent authority or
the Foreigners Regional Registration Officer or the Indian Mission concerned, namely:-

(i) to undertake research;

(ii) to undertake any Missionary or Tabligh or Mountaineering or Journalistic activities

(iii) to undertake internship in any foreign Diplomatic Missions or foreign Government

organisations in India or to take up employment in any foreign Diplomatic Missions in India;

(iv) to visit any place which falls within the Protected or Restricted or prohibited areas as notified by
the Central Government or competent authority;

PROVISO INSERTED VIDE MHA NOTIFICATION S.O. 1050(E) – Dated 4th March 2021
 OVERSEAS CITIZEN OF INDIA
(2) Exemption from registration with the Foreigners
Regional Registration Officer or Foreigners Registration
Officer for any length of stay in India:
Provided that the OCI Cardholders who are normally resident in India shall
intimate the jurisdictional Foreigners Regional Registration Officer or
the Foreigners Registration Officer by email whenever there is a change in
permanent residential address and in their occupation;
PROVISO INSERTED VIDE MHA NOTIFICATION S.O. 1050(E) – Dated 4th
March 2021
 OVERSEAS CITIZEN OF INDIA
(3) Parity with Indian nationals in the matter of,

(i) tariffs in airfares in domestic sectors in India; and

(ii) entry fees to be charged for visiting national parks, wildlife

sanctuaries, the national monuments, historical sites and

museums in India;
 OVERSEAS CITIZEN OF INDIA
Parity with Non-Resident Indians in the matter of –
(i) inter-country adoption of Indian children subject to the compliance of the procedure as laid down by the
competent authority for such adoption activities;
(ii) appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance
Examination (Mains), Joint Entrance Examination (Advanced) or such other tests to make them eligible for
admission only against any Non-Resident Indian seat or any supernumerary seat:
Provided that the OCI Cardholder shall not be eligible for admission against any seat reserved exclusively for
Indian citizens;
(iii) Purchase or sale of immovable properties other than agricultural land or farm house or plantation property;
and
(iv) Pursuing the following professions in India as per the provisions contained in the applicable relevant
statutes or Acts as the case may be, viz.:-
a) doctors, dentists, nurses and pharmacists;
b) advocates;
c) architects;
d) chartered accountants;
 OVERSEAS CITIZEN OF INDIA
(5) In respect of all other economic, financial and educational fields not
specified in this notification or the rights and privileges not covered by the
notifications made by the Reserve Bank of India under The Foreign
Exchange Management Act, 1999 (42 of 1999), the OCI cardholder shall have
the same rights and privileges as a foreigner.

(6) Overseas Citizen of India (OCI) Cardholders are eligible for appointment
as teaching faculty in NTs, NITs, IIMs, SISERs, IISc, Central Universities
and in the new AIIMS set up under Pradhan Mantri Swasthya Suraksha
Yojana (PMSSY).
 OVERSEAS CITIZEN OF INDIA
◦ The OCI Cardholder (including a PIO Cardholder) is a foreign national holding
passport of a foreign country and is not a citizen of India.

◦ OCIs are entitled to a multipurpose, multiple entry, lifelong visa allowing them to visit
India at any time, for any length of time and for any purpose.

◦ They are exempted from police reporting for any length of stay in the country.

◦ They have also been granted all rights in the economic, financial and education fields
in parity with NRIs except, the right to acquisition of agricultural or plantation properties.

◦ Sec. 7B of Citizenship Act, 1955 – Persons registered as OCI have not been given any
voting rights, election to Lok Sabha/Rajya Sabha/Legislative Assembly/Council,
holding Constitutional posts such as President, Vice President, and Judge of
Supreme Court/High Court etc.
 RENUNCIATION OF OVERSEAS
CITIZENSHIP OF INDIA (Sec. 7C)
(1) If any Overseas Citizen of India Cardholder of full age and capacity makes in prescribed
manner a declaration renouncing the Card registering him as an Overseas Citizen of India
Cardholder, the declaration shall be registered by the Central Government, and upon such
registration, that person shall cease to be an Overseas Citizen of India Cardholder.

(2) Where a person ceases to be an Overseas Citizen of India Cardholder under sub-section
(1), the spouse of foreign origin of that person, who has obtained Overseas Citizen of India
Card under clause (d) of sub-section (1) of section 7A, and every minor child of that person
registered as an Overseas Citizen of India Cardholder shall thereupon cease to be an
Overseas Citizen of India Cardholder.
 TERMINATION OF OVERSEAS CITIZENSHIP OF
INDIA (Sec. 7D)
The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that―

(a) the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false representation or the
concealment of any material fact; or
(b) the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or
(c) the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded or
communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his
knowledge carried on in such manner as to assist an enemy in that war; or
(d) the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been
sentenced to imprisonment for a term of not less than two years; or
(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for
time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or
(Inserted by CAA, 2019);
(e) it is necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of
India with any foreign country, or in the interests of the general public; or
(f) the marriage of an Overseas Citizen of India Cardholder, who has obtained such Card under clause (d) of sub-section (1) of
section 7A,―
(i) has been dissolved by a competent court of law or otherwise; or

(ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with any other person.
[Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a
reasonable opportunity of being heard.]
OVERSEAS CITIZEN OF INDIA
CARD
OCI CARDHOLDERS
MERGER OF PIO & OCI SCHEMES
◦ PIO introduced in 2002 and the OCI Scheme introduced in 2005

◦ The schemes ran concurrently and it resulted in counterproductivity and confusion

◦ Government decided to devise a single scheme by merging PIO and OCI

◦ Notification F. No.26011/01/2014-IC dated 09.01.2015 – Merger of PIO and OCI

Scheme – All PIO cardholders would be deemed to be OCI cardholders

◦ Letter No. 26011/06/2-15-OCI (Vol II) dated 26.12.2016 – PIO Scheme was
withdrawn and PIO cardholder were directed to make an application for
conversion/registration to OCI

◦ PIO holders can use their PIO card to travel to India until 31 December 2023.
Effective 1 January 2024, PIO holders' entry to India will be refused.
 PERSON INDIAN ORIGIN V. OVERSEAS
CITIZEN OF INDIA
PERSON OF INDIAN ORIGIN OVERSEAS CITIZEN OF INDIA

Validity of Card– 15 years for the date of issue Valid for lifetime

Registration at FFRO after 180 days within 30 No registration at FRO is required

days

Obtaining of Indian Citizenship regularly After 5 years of issue of OCI, one can apply
residence in India for a minimum of 7 years for citizenship after residing in India for a
minimum of one year.

Prior permission required Permission not required

Citizenship u/sec. 5(1)(a) & (c) – Ordinary Citizenship u/sec. 5(1)(g) – Registration as
residence for 7 years before application OCI for 5 years + 12 ordinary residence in
India before application