1. BPSC Prelims demand: what must be learnt?
BPSC commonly tests direct Article–provision pairs, statement questions, Parliament-versus-State power, constitutional citizenship versus statutory citizenship, and traps such as view versus consent. Learn the constitutional rule first; then learn only the stable headings of the Citizenship Act, 1955.
2. Constitutional map at a glance
| Part | Articles | Core question answered | Remember |
|---|---|---|---|
| Part I | 1–4 | What is India’s territory and who can change States? | Territory and reorganisation |
| Part II | 5–11 | Who was a citizen at the commencement of the Constitution? | Constitutional citizenship provisions |
| Parliamentary law | Citizenship Act, 1955 | How is citizenship regulated after commencement? | Read current law/rules from official sources |
3. Part I: Union and its Territory (Articles 1–4)
Article 1 begins: “India, that is Bharat, shall be a Union of States.” It does not use the expression “Federation of States”. The territory of India includes: (i) territories of the States, (ii) Union territories specified in the First Schedule, and (iii) territories that may be acquired. The First Schedule is therefore important for the names and territorial units of India.
The word Union signals that the Union is not a voluntary compact from which a State can secede. For Prelims, do not turn this political idea into an extra constitutional quotation: the directly testable text is “Union of States”.
4. Articles 2, 3 and 4 compared
| Article | What Parliament may do | Prelims caution |
|---|---|---|
| 2 | Admit into the Union, or establish, new States on such terms and conditions as it thinks fit. | Article 2 concerns admission/establishment of new States. |
| 3 | Form a new State; increase or diminish a State’s area; alter its boundaries; or alter its name. | A bill needs the President’s recommendation and, when a State is affected, reference to that State legislature for its views. |
| 4 | Make supplemental, incidental and consequential provisions to give effect to laws under Articles 2 and 3, including amendment of the First and Fourth Schedules. | A law under Articles 2 or 3 is not deemed to be a constitutional amendment for Article 368. |
Article 3 procedure in steps
Exam trap: “State’s consent is compulsory” is incorrect. “State legislature must be given an opportunity to express its views when required by the proviso” is the safer constitutional statement.
5. One timeline that prevents confusion
6. Part II: Citizenship (Articles 5–11)
Part II was designed chiefly to settle citizenship at the commencement of the Constitution, especially in the context of Partition. It is not a complete modern citizenship code. Article 11 expressly leaves Parliament free to make provisions about acquisition and termination of citizenship and all other matters relating to citizenship.
| Article | Core provision | Memory cue |
|---|---|---|
| 5 | Citizenship at commencement for a person domiciled in India who also met the stated birth, parentage or ordinary-residence condition. | Domicile + constitutional connection |
| 6 | Rights of citizenship of certain persons who migrated to India from Pakistan. | Migration to India |
| 7 | Rights of citizenship of certain migrants to Pakistan, subject to the constitutional exception for return under a permit for resettlement or permanent return. | Migration to Pakistan |
| 8 | Rights of citizenship of certain persons of Indian origin residing outside India, on registration by an Indian diplomatic or consular representative. | Indian origin abroad |
| 9 | A person who voluntarily acquires citizenship of a foreign State shall not be a citizen by virtue of Articles 5, 6 or 8. | Voluntary foreign citizenship |
| 10 | Continuation of citizenship rights, subject to any law Parliament makes. | Continuation |
| 11 | Parliament’s power to regulate citizenship. | Parliament decides the continuing code |
Article 5: the core formula
At commencement, a person had to be domiciled in the territory of India and satisfy one of the stated links: born in India, either parent born in India, or ordinarily resident in India for not less than five years immediately preceding commencement. Domicile means more than a temporary stay; for the Article 5 formula, learn the word “domicile”.
Articles 6 and 7 are Partition-specific constitutional provisions. Do not casually apply them to every current migration question. For current legal eligibility, use the applicable statute/rules and official notification.
7. Citizenship Act, 1955: stable exam framework
Under Article 11, Parliament enacted the Citizenship Act, 1955. For a BPSC basic question, remember the principal statutory routes: by birth, descent, registration, naturalisation, and incorporation of territory. Conditions, cut-off dates and rules can be amended; verify them from the current official text before using them in an answer.
| Term | What it means for this chapter | Prelims trap |
|---|---|---|
| Indian citizen | A person recognised as a citizen under the Constitution/law. | Citizenship carries the constitutional legal status. |
| OCI cardholder | A status governed by the Citizenship Act and rules for eligible overseas persons. | OCI is not dual citizenship and an OCI cardholder is not an Indian citizen merely because of the card. |
| Single citizenship | India has one citizenship: citizenship of India. | Do not write separate Union and State citizenship, as in some federations. |
| Citizenship by incorporation of territory | A statutory route connected with incorporation of territory into India. | Do not confuse it with Article 3 reorganisation of existing States. |
9. Bihar relevance
Bihar is a State listed in the First Schedule. If a proposal under Article 3 affects Bihar’s area, boundary or name, the President refers it to the Bihar Legislature for its views; Parliament retains the power to enact the law. This is a constitutional-process question, not a claim that Bihar has a separate citizenship.