Polity#6 Preamble and other Fundaes

Structure and framework of Indian constitution

Adopted and enacted on Nov 26, 1949

“Sovereign, socialist, secular, democratic, republic”

The words- socialist, secular, unity and integrity- added by 42nd amendment- 1976

Preamble- not enforceable by law

Berubari case- The SC had taken the view that the Preamble is not a part of constitution and but later, in Keshavananda Bharati case- Preamble declared as a part of constitution

Basic elements cannot be amended.

Integration and merger of states:

State reorganisations- threefold process- Patel's scheme- Vallabhai Patel was minister of home affairs

• 216 states were merged geographically- included in part B- 1st schedule. Orissa and chattisgarh- 1st merger
• 61 states in part C
• union of states- 275 states were integrated to five unions
• Later 7th amendment cancelled part B and included both part A and B in a single list

The Union and its territories:

• Article 1- union of states- union territories and territory acquired
• UT is not included in union of states
• 1st schedule- state and its territories
• Change of boundaries, creation of new state, merger of states- these bill can be introduced in both houses- only on the recommendation of the president
• President only refers the concerned state, the bill requires simple majority between the states.
• State reorganization act-1956- 14 states and 6 UTs were formed
• The Bombay reorganization act- 1960- Gujarat and Maharashtra
• Punjab was divided into Punjab and Haryana
• UT of himachal was made himachal state in Hp act-1970
• Sikkim was made the state of India by 36th amendment
• 2013- Telangana- 29th state

Citizenship- single citizenship, person residing or parents residing in India at the time of constitution. A person residing in India for more than 7 years- can seek citizenship by naturalization.

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