Summary

Polity Class 08

Polity Class 08 [17:00:00]

A brief overview of the previous class

Evolution of States and UTs in India [17:08:00]

At the time of the commencement of the constitution, India had a four-fold classification of states
Part A- It comprised 9 Governor's provinces in British India- Example- Bombay, Assam, Bihar, Madhya Pradesh, Madras, Orissa, Punjab, United Provinces, and West Bengal
Part B states- Consisted of 9 princely states which have legislatures- Hyderabad, Jammu& Kashmir, Madhya Bharat, Mysore, Patiala & east Punjab, Rajasthan, Saurashtra, Travancore, Cochin, Vindhya Pradesh
Part C- It consisted of the chief commissioner's provinces of British India and it has 10 provinces
Part D - Andaman & Nicobar islands
In October 1953, the Government of India created the state of Andhra Pradesh on a Linguistic basis due to the agitation led by Potti Sriramulu. He went on fast demanding a separate state and after 56 days of hunger strike, he sacrificed his life
Earlier, in 1948, the Government of India appointed the S K Dhar commission to examine the feasibility of creating more states. It has suggested that new states should be created on the basis of administrative convenience than on the basis of language. Congress party in the same year constituted another committee JVP committee consisting of Pandit Jawaharlal Nehru, Vallabhai Patel, and Pattabhisitaramayya. This committee also rejected the Linguistic reorganization of states
After the creation of Andhra Pradesh in 1953, similar demands had come up in different parts of the country. It has forced the government of India to appoint a new committee popularly known as the State Reorganisation commission under the chairmanship of Fazl Ali. The commission has recommended the linguistic reorganization of states but rejected the theory of one language one state.
In 1956, many states had come into existence including Kerala, Mysore state, Andhra Pradesh (Telangana + Coastal Andhra Pradesh), Punjab, Rajasthan, Madhya Pradesh, and so on
In 1960, Bombay state was divided into Maharashtra and Gujarat
In 1961, Dadra & Nagar haveli was converted into a Union Territory. Goa, Daman& Diu were acquired from the Portuguese through police action. Initially, they were constituted as a union territory, and in 1987 Goa was given the status of a state
In 1954, The French handed over Puducherry to Indian Union and in 1962, it was converted into Union Territory
In 1963, Nagaland was formed to satisfy the demands of Nagas.
In 1966, Punjab was bifurcated into Punjab and Haryana. [Sikh population demanded a separate state]
In 1972, Manipur, Tripura, and Meghalaya had come into existence
In 1974, Sikkim expressed its desire for greater association with India. Initially, it was given the status of an "Associate state" but this experiment has failed. In 1975 referendum was held in Sikkim and people voted for the abolition of the princely state and for the integration of Sikkim into the Indian Union
[* Sikkim has special status- Original inhabitants of Sikkim do not have to pay income tax]
In 1987, Mizoram, Arunachal Pradesh, and Goa had come into existence
In 2000, Chattisgarh, Uttarakhand, and Jharkhand had come into existence by dividing Madhya Pradesh, Uttar Pradesh, and Bihar respectively
In 2014, the New state of Telangana had come into existence by dividing Andhra Pradesh
In 2019, Jammu & Kashmir was converted into two separate union territories- Jammu& Kashmir and Ladakh
At present India has 28 states and 8 union territories

Renaming of states [17:52:00]

United Province was renamed as Uttar Pradesh in 1950
Madras was renamed as Tamilnadu in 1969
Mysore was renamed as Karnataka in 1973
Lakshadweep also come into existence in 1973
In 1992, the Union territory of Delhi was redesignated as the National Capital Territory of Delhi
In 2006, Uttaranchal was renamed as Uttarakhand. In the same year, Pondicherry was renamed as Puducherry
In 2011, Orissa was renamed as Odisha

Creation of Small states [17:58:00]

Arguments in favour of the creation of new states

After Telangana had come into existence in 2014 the country witnessed demands from different quarters for the creation of more states including states of Maharashtra, Tamilnadu, Karnataka, West Bengal, Uttar Pradesh, and others. It has resulted in a debate within the country regarding the creation of small states
It is argued that if America with a population of 35 crores can have 50 states, India with a population of 140 crores can afford at least 100 states
It is believed that small states can result in improvements in Administrative efficiency
It can also fulfil the aspirations and demands of people. It can strengthen the unity and integrity of the nation and also. On the other hand, if these demands are not fulfilled Regionalism can ultimately be linked to secessionism also.
Some states in India have become administratively unviable due to their very high population. They must be divided to fulfil the aspirations of people and also to ensure Balanced Regional development

Arguments against the creation of small states

Even though India's population is 4 times that of the USA, but, in terms of Area India is only one-third of the size of America. India does not require as many states as America has because of its size.
There is no empirical data/ proof to suggest that small states are better-governed states. For example- Out of the three states that had come in 2000, only Uttarakhand is performing well because of its tourism and also because of its special category status granted to the state.
The creation of new states would result in more administrative expenditure in the form of constructing new capitals, recruiting more personnel, and other administrative expenses
It can also result in more problems in the form of border disputes and also sharing of river waters
Since most of the states that could come into existence are poor states, they have to depend hopelessly on the central government for their survival. They would become economically unviable. There would be more demands for special category status. Ultimately it would result in a huge amount of financial burden on the central government
After the creation of more states, if development did not take place it can result in more demands for more states also which can ultimately lead to the partition of the country also.

Solution/ Way Forward [18:43:00]

There are some states in India that have become administratively unviable because of their large population. They can be divided but this division should be taken place on the basis of administrative efficiency, financial viability, and long-term sustainability. It should not take place on Emotional grounds
To conclude, the creation of new states is only a means to achieve the objectives of rapid economic growth and development. It can not become an end in itself. More than the creation of new states the focus should be on Decentralized governance.
Opportunities should be provided to people at the lowest level to empower themselves by focusing on improving physical and social infrastructure. Local self-governments should play a very important role in realizing the objectives of inclusive and equitable growth.

Citizenship [19:05:00]

In any country, there are two different types of people
a) Citizens
b) Aliens
Citizens enjoy special rights and privileges
Indian constitution provides special rights and privileges to its citizens (Which are not provided to Aliens)
Rights provided to citizens only
Right Against Discrimination (Article 15)
Right to equality of opportunities in the matter of Public employment (Article 16)
Right to freedom of speech and expression (Article 19)
Cultural and Educational Rights (Article 29 and Article 30)
Right to vote in elections to Lok Sabha and State legislative assemblies
Eligibility to hold public offices including President, Vice president, Judges of SC and HCs, Governor of states, Attorney General and Advocate General
Right to contest elections to Lok Sabha and State legislative assemblies
Apart from Rights, citizens also have to perform certain duties including
Respecting the constitution, National Flag, and National Anthem
Paying taxes
Foreigners can not contest elections to RS, LS, or Local bodies

Article 5- 11 of the Indian constitution [19:23:00]

Article 5- 11 in part II of the constitution deal with citizenship
Article 5- It deals with citizenship at the commencement of the constitution
Article 6- Rights of citizenship of certain persons who have migrated to India from Pakistan
Article 7- Rights of citizenship of certain Migrants to Pakistan
Article 8- Rights of citizenship of certain persons of Indian origin residing outside India
Article 9- Persons voluntarily acquiring citizenship of the foreign state
Article 10- Continuance of rights of a citizen
Article 11- Parliament is given the power to regulate the right of citizenship by Law
Citizenship Act was passed by our Parliament in 1995. It provides for the acquisition of Indian citizenship and loss of Indian citizenship after the commencement of the constitution.

Acquisition of Citizenship [19:34:00]

By Birth
A person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen of India by Birth irrespective of the nationality of his parents
Those who take birth in India on or after December 3, 2004, are considered citizens of India only if both of their parents are Indian citizens, or, One of their parents is an Indian citizen and the other parent is not an illegal migrant at the time of their birth.
Children of Foreign diplomats posted in India and enemy aliens can not acquire Indian citizenship by Birth
By Descent
From December 3 2004 onwards, A person born outside India shall not be a citizen of India by Descent unless his birth is registered at an Indian consulate within one year of the date of Birth or with the permission of the central government after the expiry of one year.
Application for registration of Birth must be accompanied by an undertaking in writing from the parents of the minor child that the child does not hold a passport from another country.
By Registration
Central Government can register as a citizen of India any person (Not an illegal migrant) if he belongs to the following categories
a) A person of Indian origin who is ordinarily a resident of India for 7 years before making an application for registration
b) A person of Indian origin who is ordinarily resident in any country or place outside undivided India
c) A person who is married to a citizen of India and is ordinarily resident in India for 7 years before making an application for registration
d) Minor children of persons who are citizens of India
e) A person with full age and capacity whose parents are registered as citizens of India
f) A person of full age and capacity who has been registered as an overseas citizen of India (OCI) cardholder for 5 years and who is ordinarily a resident in India for 12 months before making an application for registration
By Naturalization
By Incorporation of a territory
By special provisions

The Topic for the next class- Other provisions for Acquisition of citizenship.