Jurisprudence, Interpretation and General Laws · Constitution of India

Union and its Territory, Citizenship: Articles 1 to 11 and Citizenship Act

Updated 11 October 2026 · Fact-checked

Article 1 says India is a Union of States. Parliament can form new states or change boundaries under Articles 2-4. Articles 5-11 fix who became a citizen at the Constitution's start. The Citizenship Act, 1955 governs later acquisition and loss: birth, descent, registration, naturalisation and incorporation of territory. Answer by stating the provision, applying it, then concluding.

Understand Union and its Territory, Citizenship

Part I of the Constitution (Articles 1-4) deals with the Union and its territory. Article 1 says India, that is Bharat, is a Union of States. The territory of India includes the territories of the States, the Union territories and any territory that may be acquired. The word 'Union' is used because the federation is not the result of an agreement between states, and no state has a right to secede.

Articles 2, 3 and 4 deal with change. Article 2 lets Parliament admit into the Union, or establish, new states on terms it thinks fit. This covers states not yet part of India. Article 3 lets Parliament, by law, form a new state by separating territory from a state or uniting states or parts of states. It can also increase or reduce a state's area, or alter its boundaries or name. Article 4 says such laws are not constitutional amendments under Article 368. They can be passed by a simple majority.

Article 3 has two safeguards. A Bill for this purpose can be introduced only on the President's recommendation. If it affects the area, boundaries or name of a state, the President must refer it to that state's legislature to express its views within a stated period. The President and Parliament are not bound by those views. So the Union has strong power over state boundaries, and states cannot block it.

Citizenship is in Part II (Articles 5-11). Article 5 gives citizenship at the commencement of the Constitution (26 January 1950) to a person domiciled in the territory of India who was born in India, or either of whose parents was born in India, or who had been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement. Article 6 deals with persons who migrated to India from Pakistan. It distinguishes between those who came before 19 July 1948 and those who came on or after that date. Article 7 deals with persons who migrated from India to Pakistan after 1 March 1947 but later returned under a permit for resettlement or permanent return. Article 8 deals with persons of Indian origin living abroad. Article 9 is a bar, not a general loss rule. A person who has voluntarily acquired foreign citizenship is not treated as a citizen under Articles 5 to 8. Article 10 says citizenship continues, subject to any law of Parliament. Article 11 gives Parliament power to make laws on citizenship.

Under Article 11, Parliament enacted the Citizenship Act, 1955. It deals with how citizenship is acquired and lost after the Constitution began. Acquisition is by birth, descent, registration, naturalisation and incorporation of territory. Loss is by renunciation, termination and deprivation. Read the Act as amended, including the 2019 amendment, as set out in your study material.

Key rules to remember

Article 1: India, that is Bharat = Union of States; territory = States + Union territories + acquired territories; Union is indestructible; states have no right to secede.
Article 2: Parliament may admit or establish new states by law, on terms it thinks fit; Applies to states not already in the Union.
Article 3: Parliament may form new states, and alter area, boundaries or name of existing states; Needs the President's recommendation for the Bill, and a reference to the affected state's legislature for its views. Those views are not binding.
Article 4: Laws under Articles 2 and 3 are not amendments under Article 368; Passed by simple majority, as in ordinary legislation.
Articles 5 to 8: Citizenship at commencement: domicile, birth/parentage/residence for not less than five years immediately preceding commencement (Art. 5); migrants from Pakistan, with a before/after 19 July 1948 distinction (Art. 6); migrants to Pakistan after 1 March 1947 who returned on a resettlement or permanent return permit (Art. 7); Indians abroad (Art. 8); Date of commencement is 26 January 1950.
Article 9: Voluntary acquisition of foreign citizenship = no citizenship under Articles 5 to 8; Voluntary is the key word. It is a bar on Articles 5 to 8, not the general rule on loss. General loss is under the Citizenship Act, 1955.
Articles 10 and 11: Continuance of citizenship (Art. 10); Parliament's power to regulate citizenship by law (Art. 11); Basis of the Citizenship Act, 1955.
Modes of acquisition under the Citizenship Act, 1955: Birth | Descent | Registration | Naturalisation | Incorporation of territory; Check the exact conditions for each mode, as amended, in your study material.
Modes of loss under the Citizenship Act, 1955: Renunciation | Termination | Deprivation; Termination happens when a person voluntarily acquires another country's citizenship.

How to solve Union and its Territory, Citizenship questions

Questions on this topic are either about territory (Articles 1-4) or about citizenship (Articles 5-11 and the Act). Use one method for both.

1Identify whether the question is about territory, citizenship at commencement, or later acquisition or loss.
2Name the exact Article or the section of the Citizenship Act, 1955 that governs the facts.
3State the rule in plain words with its conditions, such as the President's recommendation or the date of commencement.
4Apply the rule to the facts given. Mark each fact against each condition.
5Note any safeguard or exception, for example that the state's views under Article 3 are not binding.
6Write a clear conclusion that answers the exact question asked.
7For short notes, add a one-line contrast, such as Articles 2 and 3 versus Article 368.

Quickest way: Three-line recall grid

When to use it: Use when you have under ten minutes for a short note or a problem question.

Territory: write Art. 1 (Union of States), Art. 2 (new states), Art. 3 (reorganise states), Art. 4 (not an Art. 368 amendment).
Citizenship at start: write Arts. 5 to 8 as domicile, Pakistan migrants, return migrants, Indians abroad. Add Art. 9 as the bar on citizenship under Arts. 5 to 8 for those who voluntarily acquired foreign citizenship, and Arts. 10 and 11 as continuance and Parliament's power.
Later citizenship: list the five modes of acquisition and three modes of loss, then explain only the two or three the question needs.

Common mistakes in Union and its Territory, Citizenship

Saying a constitutional amendment under Article 368 is needed to form a new state.
Students assume any change to the Union's map is a constitutional change.
Fix: Remember Article 4: laws under Articles 2 and 3 are not amendments under Article 368. A simple majority is enough.
Saying the state legislature's views are binding under Article 3.
The word 'referred' makes it sound like consent.
Fix: The President must refer the Bill to the state legislature for its views, but neither the President nor Parliament is bound by them.
Mixing up Articles 2 and 3.
Both mention new states.
Fix: Article 2 admits or establishes states outside the existing Union. Article 3 reorganises existing states.
Treating Articles 5-11 as the whole law of citizenship.
Students stop at the Constitution.
Fix: Articles 5-9 cover only citizenship at commencement. Later acquisition and loss are under the Citizenship Act, 1955 made under Article 11.
Treating Article 9 as the general rule on loss of citizenship, or applying it to any acquisition of foreign citizenship.
The word 'voluntarily' is skipped, and Article 9 is read as a loss provision.
Fix: Article 9 only bars a person who voluntarily acquired foreign citizenship from citizenship under Articles 5 to 8. General loss is governed by the Citizenship Act, 1955. Include the word 'voluntarily' and test whether the facts show a voluntary act.
Listing modes of acquisition without explaining them.
Memorising a list feels enough.
Fix: Give a one-line condition for each mode you list, as in your study material, and then apply it to the facts.

Worked examples

Example 1

Parliament wants to carve a new state out of an existing state. Explain the procedure and say whether a constitutional amendment is needed.

Show the solution

Provision: Article 3 allows Parliament, by law, to form a new state by separating territory from a state, or by uniting states or parts of states.
Procedure: A Bill for this purpose can be introduced in Parliament only on the recommendation of the President.
Safeguard: If the Bill affects the area, boundaries or name of a state, the President must refer it to that state's legislature to express its views within the period specified.
Effect of views: The views are not binding on the President or Parliament.
Amendment: Article 4 says laws under Articles 2 and 3 are not constitutional amendments under Article 368.
Conclusion: No constitutional amendment is required. Parliament can pass the law by a simple majority, after the recommendation and the reference.

Answer: Parliament can form the new state by an ordinary law under Article 3, on the President's recommendation and after the affected state's views are sought. The views are not binding, and under Article 4 no Article 368 amendment is needed.

Example 2

Ravi was born in Pune in 1990 to Indian parents. In 2018 he voluntarily took the citizenship of another country. Discuss his status as an Indian citizen.

Show the solution

Provision: Under Section 3 of the Citizenship Act, 1955, for a birth in India between 1 July 1987 and 3 December 2004, a person is a citizen by birth if at least one parent was an Indian citizen at the time of the birth.
Facts: Ravi was born in India in 1990, which falls in this period. His parents were Indian citizens, so the condition is met and he was an Indian citizen by birth.
Loss: Under Section 9 of the Citizenship Act, 1955, an Indian citizen who voluntarily acquires the citizenship of another country ceases to be an Indian citizen. This is loss by termination.
Application: Ravi's acquisition in 2018 was voluntary, so his Indian citizenship ends by termination under Section 9.
Link to the Constitution: Article 9 applies the same idea to persons covered by Articles 5 to 8. Ravi is covered by the Act, not Article 5, but the principle is the same.
Conclusion: Ravi ceased to be an Indian citizen when he voluntarily acquired foreign citizenship.

Answer: Ravi was a citizen by birth under Section 3, but his Indian citizenship was terminated under Section 9 of the Citizenship Act, 1955 when he voluntarily acquired another country's citizenship in 2018.

Exam tips

Write the Article number with every point on territory. Examiners reward the exact provision.
In Article 3 answers, always mention the President's recommendation and the non-binding nature of the state's views.
Keep Articles 5-9 as the position at 26 January 1950 and the Citizenship Act as the later position. Do not blend them.
Use the five-plus-three structure (acquisition and loss) for any question on the Citizenship Act, and apply it to the facts.
End every problem answer with a one-sentence conclusion that uses the question's own names.

Practice questions from Constitution of India

Union and its Territory, Citizenship: frequently asked questions

What do Articles 1 to 4 of the Constitution deal with?

They form Part I, 'The Union and its Territory'. Article 1 names India as a Union of States and defines its territory. Articles 2 to 4 let Parliament admit new states and reorganise existing ones by ordinary law.

Does a state have to agree before its boundaries are changed?

No. Under Article 3 the President must refer the Bill to the state legislature for its views, but those views are not binding. Parliament can proceed regardless.

How can citizenship be acquired under the Citizenship Act, 1955?

The Act provides for acquisition by birth, descent, registration, naturalisation and incorporation of territory. Each mode has its own conditions, which you should learn as amended.

How can Indian citizenship be lost?

The Citizenship Act, 1955 provides three ways: renunciation, termination and deprivation. Termination happens when a person voluntarily acquires another country's citizenship.