Table of Content 💻
Part 1 of the Constitution of India
Part 1 of the Constitution of India (Articles 1 to 4) deals with “The Union and its Territory”.
Article 1. Name and territory of the Union -
“(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise -
The territories of the States;
The Union territories specified in the First Schedule; and
Such other territories as may be acquired.”
Explanation:
1. Union of states - With these words, Article 1 of the Constitution declares India to be a union of states even though it is a Federation. Dr. B. R. Ambedkar stated the Indian Federation is a “Union” since it cannot be destroyed. He further explained the choice of the word “Union” thus:
That the formation of India was not a result of any agreement between the states; and
The States had no right to secede from the federation.
2. First Schedule - The First Schedule of the Indian Constitution can be represented as under, but to understand the distribution of States and territories, check the First Schedule of the Indian Constitution.
States | Union Territories |
1. Andhra Pradesh | 1. Delhi |
2. Assam | 2. The Andaman and Nicobar Islands |
3. Bihar | 3. Lakshadweep |
4. Gujarat | 4. Dadra and Nagar Haveli and Daman and Diu |
5. Kerala | 6. Puducherry |
6. Madhya Pradesh | 7. Chandigarh |
7. Tamil Nadu | 8. Jammu and Kashmir |
8. Maharashtra | 9. Ladakh |
9. Karnataka | |
10. Odisha | |
11. Punjab | |
12. Rajasthan | |
13. Uttar Pradesh | |
14. West Bengal | |
15. Nagaland | |
16. Haryana | |
17. Himachal Pradesh | |
18. Manipur | |
19. Tripura | |
20. Meghalaya | |
21. Sikkim | |
22. Mizoram | |
23. Arunachal Pradesh | |
24. Goa | |
25. Chattisgarh | |
26. Uttarakhand | |
27. Jharkhand | |
28. Telangana | |
3. Union Territories - Part VIII of the Constitution of India deals with “The Union Territories” These areas are centrally administered and governed by the President of India, who acts through an Administrator appointed by him unless the Parliament provides otherwise. The President may appoint the Governor of an adjoining State as the Administrator of the Union Territory. In this capacity, the Governor shall exercise his functions independently of the Council of Ministers. (Article 239)
Article 2. Admission or establishment of new States -
“Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.”
Explanation:
This Article empowers the Parliament with essentially two powers, they are:
To admit into the Union new States; and
To establish new States.
But such admission or establishment shall be on such terms and conditions as Parliament may think fit.
Article 2, however, only deals with the admission or establishment of foreign territories acquired by India. This Article does not deal with the admission or establishment of a Union Territory.
Article 2A. Sikkim to be associated with the Union -
“Repealed by the Constitution (Thirty-sixth Amendment) Act, 1975, section 5 (w.e.f 26.4.1975).”
Article 3. Formation of new States and alteration of areas, boundaries or names of existing States -
“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 ;
(c) diminish the area of any State ;
(d) alter the boundaries of any State ;
(e) alter the name of any State :
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 or name of any of the States, 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.
[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.]”
Explanation:
Under this Article, the area, boundaries, and name of any State are all subject to modification by the Parliament. Article 3 deals with forming a new State out of the territories of the existing states. Hence, It focuses on the internal adjustments made to the regions of the States that make up the Union of India.
The power to form new States under Article 3(a) includes the power to form a new State or Union Territory by joining a portion of one State or Union Territory to another State or Union Territory.
The word ‘State’ in Article 3, Clauses (a) to (e) also includes a ‘Union Territory.’
This Article empowers the Parliament to alter the territory or names, etc., of the States without their consent or concurrence. It can form new States and change the existing States’ area, boundaries, or names by a law passed by Simple Majority.
The conditions laid down for making of such a law are:
1. The Bill under Article 3 of the Constitution can be presented in either House of the Parliament except on the recommendation of the President.
2. Suppose the Bill affects the area, boundaries, or names of the States. In that case, the President must refer the Bill to the legislature of the State so affected for expressing its views within the period specified by the President. The President may extend the period so established.
The Bill may be submitted in Parliament even though the State Legislature to which it has been referred has not expressed its opinions to the President within the time frame thus stipulated or extended.
Even if the State Legislature expresses its views within the specified or extended time, the Parliament is not bound by law to accept or act upon the views of the State Legislature.
3. Finally, it is unnecessary to make fresh references to the State Legislature even when an amendment to the Bill is proposed and accepted. (Babulal Parate V. The State Of Bombay And Another 1960 AIR 51, 1960 SCR (1) 605).
This Article empowers the Parliament to redraw the political map of India according to its will. Hence, the Constitution does not guarantee any state's territorial integrity or continued existence. As a result, India is appropriately referred to as "an indestructible Union of destructible states" as a result.
This case addressed the question, “Does the power of the Parliament to diminish the area of any State also include the power to cede Indian Territory to a foreign State?”
In this case, the Supreme Court held that the Parliament had no power under Article 3(c) to make a law to cede Indian Territory to a Foreign State since the Article only dealt with internal re-adjustment between the territories of the constituent States of India. Such a law can only be implemented by amending the Constitution under Article 368.
Article 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) 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.”
Explanation:
According to Article 4, any law made in accordance with Articles 2 or 3 of the Constitution may include supplementary, incidental, and consequential provisions to make it effective as well as amend the First and Fourth Schedules of the Constitution without following the specific procedures required by Article 368 for a law amending the Constitution.
Furthermore, any law made under Article 2 or 3 is not an amendment to this Constitution as prescribed under Article 368.
Frequently Asked Questions
Q1. Why is the Parliament not bound to consider the view of the State Concerned in relation to Article 3 of the Indian Constitution?
A1. The Drafting committee believed that no State Legislative would approve the alteration of its boundaries, which would result in making this Article ineffective. Hence the power was given directly to the Union.
Q2. Is the Berubari Union Case a landmark judgement?
A2. Yes, the Berubari Union case is considered a landmark judgement in India. The case was about the power of the Parliament to transfer territory to a foreign country.
Q3. What is the difference between a State and a Union Territory?
A3. The main difference between a State and a Union Territory in India is that a State is a constituent division with its own elected government and autonomous powers. At the same time, a Union Territory is a small administrative unit ruled directly by the Union Government, except for Delhi, Jammu and Kashmir, and Puducherry, which have their own elected governments with limited powers.
Q4. What is a Union Territory?
A4. An Indian administrative division is known as a Union Territory. Union territories are federal regions partially or entirely controlled by the Union Government of India, unlike the states of India, which have their governments.
Q5. How many Union Territories exist in India?
A5. There are eight union territories in India. Namely - (1) Delhi; (2) The Andaman & Nicobar Islands; (3) Lakshadweep; (4) Dadra and Nagar Haveli and Daman and Diu (5) Puducherry; (6) Chandigarh; (7) Jammu and Kashmir; (8) Ladakh.
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