THE CONSTITUTION OF INDIA. India

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      THE CONSTITUTION OF INDIA (Updated upto (Ninety-Seventh Amendment) Act, 2011)

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      PREFACE

      This is the third pocket size edition of the Constitution of India in the diglot form. In this edition, the text of the Constitution of India has been brought up-to-date by incorporating therein all the amendments up to and including the Constitution (Ninety-Sixth Amendment) Act, 2011.

      2. The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954. This Order has been included in Appendix I for facility of reference. Appendix II contains a re-statement of the exceptions and modifications. The text of the constitutional amendments relating to the Constitution (Forty-fourth Amendment) Act, 1978 and Constitution (Eighty-eighth Amendment) Act, 2003, which have not come in force, have been provided in Appendix III and IV respectively.

      New Delhi;

      1st December, 2011.

      V.K. BHASIN,

      Secretary to the Government of India.

      THE CONSTITUTION OF INDIA

      Preamble

      WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

      JUSTICE, social, economic and political;

      LIBERTY of thought, expression, belief, faith and worship;

      EQUALITY of status and of opportunity;

      and to promote among them all

      FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

      IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

      PART I

      THE UNION AND ITS TERRITORY

      1. Name and territory of the Union

      (1) India, that is Bharat, shall be a Union of States.

      (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.

      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.

      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)

      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:

      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.

      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.

      PART II

      CITIZENSHIP

      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) 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.

      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—

      (a) 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

      (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

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