Union, State, and Union Territory Structures

India operates as a federal republic with a quasi-federal structure. This means power is divided between a central government (the Union) and regional governments (the States). The Constitution of India, adopted on November 26, 1949, and came into effect on January 26, 1953, lays down the framework for this division of powers.

The Union (Central Government)

The Union government, also known as the Central government, is vested with the executive and legislative powers over the entire territory of India. Its structure comprises the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Parliament.

The President

The President is the head of the Indian Union and the Supreme Commander of the Armed Forces. The President is elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies. The President's powers are largely nominal, exercised on the advice of the Council of Ministers headed by the Prime Minister.

The Parliament

The Parliament is the supreme legislative body of India. It consists of two Houses:

• Lok Sabha (House of the People): The lower house, directly elected by the people on the basis of universal adult suffrage. It represents the people of India.
• Rajya Sabha (Council of States): The upper house, indirectly elected by the elected members of the State Legislative Assemblies. It represents the States of the Indian Union.

Parliament's primary function is to make laws for the country. It also exercises control over the executive branch and performs financial functions.

The Prime Minister and Council of Ministers

The Prime Minister is the real executive head of the government. Appointed by the President, the Prime Minister is typically the leader of the majority party or coalition in the Lok Sabha. The Council of Ministers, headed by the Prime Minister, advises the President and is collectively responsible to the Lok Sabha.

The States

India has 28 States, each with its own government, headed by a Governor. The Governor is the constitutional head of the State, appointed by the President. The real executive power in a State lies with the Chief Minister and the Council of Ministers, who are responsible to the State Legislative Assembly.

State Legislature

Most States have a unicameral legislature (Legislative Assembly or Vidhan Sabha). However, six States (Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh) have bicameral legislatures, comprising a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad). The State Legislature's main role is to make laws for the State.

Union Territories

Union Territories are administered directly by the Central Government through an Administrator or Lieutenant Governor appointed by the President. Currently, there are 8 Union Territories: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.

Some Union Territories, like Delhi, Puducherry, and Jammu and Kashmir, have their own legislatures and elected governments, granting them a degree of autonomy similar to States, but with powers limited by Parliament.

The division of powers between the Union and the States is outlined in the Seventh Schedule of the Constitution, which contains three lists:

• Union List: Subjects on which Parliament has exclusive power to legislate (e.g., Defence, Foreign Affairs, Railways, Banking).
• State List: Subjects on which the State Legislatures have the power to legislate (e.g., Public Order, Police, Agriculture, Public Health).
• Concurrent List: Subjects on which both Parliament and State Legislatures can legislate, with Union law prevailing in case of conflict (e.g., Education, Marriage and Divorce, Criminal Law).

Citizenship

Citizenship refers to the status of being a legal member of a sovereign state, with associated rights and responsibilities. Part II of the Indian Constitution (Articles 5-11) deals with citizenship.

Acquisition of Citizenship

The Constitution lays down the basic principles for citizenship at its commencement. The Citizenship Act, 1955, and its subsequent amendments, govern the acquisition and termination of citizenship. Citizenship can be acquired in the following ways:

1. By Birth: Every person born in India on or after January 26, 1950, is deemed a citizen of India by birth. However, there are exceptions for children of foreign diplomats or enemy aliens.
2. By Descent: A person born outside India, whose father was a citizen of India at the time of his birth, is a citizen by descent. This provision has been amended over time to include citizenship by the mother's descent as well.
3. By Registration: Persons of Indian origin, who have been ordinarily residing in India for seven years before making an application, can become citizens by registration. Foreign nationals married to Indian citizens and residing in India for seven years can also apply.
4. By Naturalisation: A foreigner who is a resident of India for twelve years (immediately preceding the application) and has a qualified knowledge of one of the scheduled languages can apply for naturalisation.
5. By Incorporation of Territory: When a foreign territory becomes part of India, the Government may, by order, specify the persons who shall be citizens of India.

Loss of Citizenship

Citizenship can be lost in three ways:

• Renunciation: If a citizen voluntarily gives up their citizenship.
• Termination: If an Indian citizen voluntarily acquires the citizenship of another country.
• Deprivation: If a citizen has obtained citizenship by fraud, false representation, or concealed material information, or has shown disaffection towards the Constitution or traded with the enemy. This is a compulsory loss.

India does not permit dual citizenship (except for persons of Indian origin who have acquired foreign citizenship but are eligible to register as Overseas Citizens of India - OCI cardholders). OCI status grants many, but not all, rights of Indian citizens.

Fundamental Rights

Part III of the Indian Constitution guarantees certain basic rights to all citizens, which are essential for their holistic development and the functioning of a democratic society. These rights are justiciable, meaning they can be enforced by the courts.

Classes of Fundamental Rights

The Fundamental Rights are broadly classified into six categories:

1. Right to Equality (Articles 14-18):
   • Article 14: Equality before the law and equal protection of the laws.
   • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Article 16: Equality of opportunity in matters of public employment.
   • Article 17: Abolition of Untouchability.
   • Article 18: Abolition of titles (except military and academic).
2. Right to Freedom (Articles 19-22):
   • Article 19: Protection of six rights: (i) freedom of speech and expression, (ii) freedom to assemble peacefully and without arms, (iii) freedom to form associations, (iv) freedom of movement throughout the territory of India, (v) freedom to reside and settle in any part of the territory of India, (vi) freedom of profession, occupation, trade, and business.
   • Article 20: Protection in respect of conviction for offences.
   • Article 21: Protection of life and personal liberty.
   • Article 21A: Right to elementary education (added by the 86th Amendment Act, 2002).
   • Article 22: Protection against arrest and detention.
3. Right against Exploitation (Articles 23-24):
   • Article 23: Prohibition of traffic in human beings and forced labour.
   • Article 24: Prohibition of employment of children in factories, mines, or other hazardous occupations.
4. Right to Freedom of Religion (Articles 25-28):
   • Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
   • Article 26: Freedom to manage religious affairs.
   • Article 27: Freedom as to payment of taxes for promotion of any particular religion.
   • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
5. Cultural and Educational Rights (Articles 29-30):
   • Article 29: Protection of interests of minorities (to conserve their distinct language, script, and culture).
   • Article 30: Right of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32):

   This is considered the 'heart and soul' of the Constitution. It empowers citizens to move to the Supreme Court (or High Courts under Article 226) for the enforcement of their Fundamental Rights. The courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Initially, the Right to Property (Article 31) was also a Fundamental Right. However, it was removed by the 44th Amendment Act, 1978, and made a constitutional or legal right under Article 300A.

Fundamental Duties

Added to the Constitution by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee, Fundamental Duties are enshrined in Part IVA (Article 51A). Unlike Fundamental Rights, they are not justiciable (cannot be enforced by courts). They serve as a reminder to citizens that they have certain responsibilities towards the nation.

There are currently 11 Fundamental Duties:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
11. (Added by the 86th Amendment Act, 2002) To provide opportunities for education by the parent or guardian, to his child or ward between the age of six and fourteen years.

Directive Principles of State Policy (DPSP)

Part IV of the Indian Constitution contains the Directive Principles of State Policy, which are guidelines or ideals that the State (government) should strive to achieve while formulating laws and policies. They are inspired by the Irish Constitution.

Unlike Fundamental Rights, Directive Principles are non-justiciable, meaning they cannot be enforced by any court. However, they are fundamental in the governance of the country, and it is the duty of the State to apply these principles in making laws. They aim to establish India as a welfare state.

Classification of Directive Principles

While not explicitly classified in the Constitution, the Directive Principles are generally categorized into three groups:

1. Socialist Principles: These reflect socialist ideology.
   • Article 38: State to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
   • Article 39: The State shall, in particular, direct its policy towards securing (a) adequate means of livelihood for all citizens, men and women equally; (b) the equitable distribution of the ownership and control of the material resources of the community as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) equal pay for equal work for both men and women; (e) the protection of the health and strength of workers, men and women, and the tender age of children against abuse and their being forced by economic necessity into avocations unsuited to their age or strength; (f) opportunities for children to develop in a healthy manner and in conditions of freedom and dignity and childhood and youth being protected against exploitation and against moral and material abandonment.
   • Article 39A: Equal justice and free legal aid.
   • Article 40: Organisation of village panchayats.
   • Article 41: Right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
   • Article 42: Provision for just and humane conditions of work and maternity relief.
   • Article 43: Living wage, etc., for workers.
   • Article 43A: Participation of workers in management of undertakings.
   • Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
2. Gandhian Principles: These reflect Gandhian ideology.
   • Article 40: Organisation of village panchayats.
   • Article 43: Cottage industries.
   • Article 43B: Promotion of co-operative societies.
   • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
   • Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
   • Article 48: Organisation of agriculture and animal husbandry.
3. Liberal-Intellectual Principles: These reflect liberal-intellectual ideology.
   • Article 44: Uniform Civil Code for the citizens.
   • Article 45: Provision for early childhood care and education to all children until they complete the age of six years.
   • Article 48: Organisation of agriculture and animal husbandry.
   • Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife.
   • Article 49: Protection of monuments, places and objects of national importance.
   • Article 50: Separation of judiciary from the executive.
   • Article 51: Promotion of international peace and security.

The Directive Principles and Fundamental Rights are complementary. While Fundamental Rights are limitations on the State, Directive Principles are positive obligations of the State. The courts have often tried to harmonise them, and in many cases, the Directive Principles have been given precedence over Fundamental Rights to achieve socio-economic justice.