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PREFACE
Constitution is a living document, an instrument which makes the
government system work. Its flexibility lies in its amendments. In this edition,
the text of the Constitution of India has been brought up-to-date by
incorporating therein all amendments made by Parliament up to and including
the Constitution (Ninety-fourth Amendment) Act, 2006. The footnotes below
the text indicate the Constitution Amendment Acts by which such amendments
have been made.
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, the Constitution (Eighty-sixth
Amendment) Act, 2002 and the Constitution (Eighty-eighth Amendment) Act,
2003, which have not yet come into force, have been provided in the text at
the appropriate places wherever or otherwise in the footnote.
THE CONSTITUTION OF INDIA
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a 1
[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 2
[unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twentysixth
day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
1
Subs. by the Constitution (Forty-sec
THE UNION AND ITS TERRITORY
1. (1) India, that is Bharat, shall be a Union of States.
1
[(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;
2
[(b) the Union territories specified in the First
Schedule; and]
© such other territories as may be acquired.
2. Parliament may by law admit into the Union, or
establish, new States on such terms and conditions as it
thinks fit.
3
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. 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;
© diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
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[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
Name and territory
of the Union.
Admission or
establishment of
new States.
Formation of new
States and
alteration of areas,
boundaries or
names of existing
States.
1
Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2).
2
Subs. by s. 2, ibid., for sub-clause (b). 3
Article 2A was ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f.
1-3-1975). 4
Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso.
2
or name of any of the States 1
*, 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.]
2
[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. (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.
THE CONSTITUTION OF INDIA
(Part I.—The Union and its territory.—Arts. 3-4.)
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
The words and letters “specified in Part A or Part B of the First Schedule” omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2
Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.
3
PART II
CITIZENSHIP
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
© 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. 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.
Citizenship at the
commencement of
the Constitution.
Rights of
citizenship of
certain persons
who have migrated
to India from
Pakistan.
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