Union and its Territory - Articles 1 to 4 under Part-1

 

Union and its Territory

Union of States” from Article 1 


💠 What does Article 1 say?

Article 1 of the Indian Constitution says:

"India, that is Bharat, shall be a Union of States."

This sentence tells us two main things:

  1. Name of our country is both India and Bharat.

  2. Our country is a Union of States, not a Federation of States.


💠 Why use "Union of States" instead of "Federation of States"?

Dr. B. R. Ambedkar gave two main reasons:

  1. Indian states never came together by agreement (unlike the USA). India already existed, and states were created for better administration.

  2. States cannot leave India – there’s no right to secede (break away). So, it’s a strong and united country, not just a group of states.

So, India is a union that cannot be broken. The states are part of one nation, not independent.


💠 What is the Territory of India?

According to Article 1, the territory of India has 3 parts:

  1. States – e.g., Karnataka, Maharashtra (28 in total)

  2. Union Territories (UTs) – e.g., Delhi, Ladakh (9 in total)

  3. Any area that India may acquire in the future

👉 These names and borders are listed in Schedule 1 of the Constitution.


💠 Is there any special treatment for some states?

Yes. While all states are equal, some states have special provisions under Part XXI. These states include:

  • Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

Also:

  • Fifth Schedule → For Scheduled Areas in general states.

  • Sixth Schedule → For Tribal Areas in northeastern states.


💠 What is the difference between Union of India and Territory of India?

Term Includes
Union of India Only the states
Territory of India States + UTs + Acquired territories

So, "Territory of India" is a broader term.


💠 How can India acquire new territories?

India can acquire land by:

  • Treaty or Agreement

  • Purchase

  • Gift

  • Plebiscite (voting by people)

  • Conquest (rare nowadays)

📌 Examples of acquired places:

  • Dadra and Nagar Haveli

  • Goa, Daman, and Diu

  • Puducherry

  • Sikkim


💠 What do Article 2 and Article 3 say?

Article 2:

  • Parliament can admit or create new states that were not earlier part of India.

  • Example: If a new foreign region wants to join India, Article 2 is used.

Article 3:

  • Deals with changing internal state borders, merging, splitting, or renaming states within India.

  • Example: Creation of Telangana from Andhra Pradesh.


✅ Summary (Quick Recap):

Topic Key Points
Name of Country India, that is Bharat
Type of country Union of States
States Created for convenience, cannot break away
Territory of India States + Union Territories + Acquired land
Article 1 Defines country name and territory
Article 2 Add or create new states from outside India
Article 3 Change internal borders, rename, or create new states within India

🏛️ Parliament’s Power to Reorganise States (Article 3 and 4)

🔹 What is Article 3?

Article 3 of the Constitution gives the Parliament the power to:

  1. 🆕 Form a new state

    • By cutting a part from a state

    • By merging parts of different states

    • By joining a new area to a state

  2. Increase the area of any state

  3. Reduce the area of any state

  4. 🔁 Change the boundaries of any state

  5. ✏️ Change the name of any state


🔸 What is the procedure to do this?

There are two important conditions:

  1. 📝 Bill must be introduced with the President’s permission.

  2. 🏛️ President must first ask the concerned state’s legislature to give its opinion.

👉 But:

  • The state’s opinion is not binding on the President or Parliament.

  • Even if the state says "No", Parliament can go ahead.

💡 Also:

  • If changes are made to the bill later, it does not need to go back to the state again.

  • For Union Territories, the President doesn’t need to consult any legislature at all.


🧭 What does this mean?

  • Parliament can redraw the map of India at any time.

  • States do not have protection from being merged, split, or renamed.

  • This is why India is called:

    "An indestructible Union of destructible States."

🇺🇸 What about the USA?

  • In the USA, states cannot be changed without their permission.

  • So the USA is called:

    "An indestructible Union of indestructible States."


🔹 What is Article 4?

  • Laws made under Article 2 & 3 (like creating or changing states):

    • Do NOT need a constitutional amendment.

    • They can be passed with a simple majority in Parliament.

    • So, normal law-making process is enough — no special procedure.


⚖️ What about giving Indian land to other countries?

This happened in the Berubari case (1960):

  • India decided to give part of Berubari (in West Bengal) to Pakistan.

  • People protested.

  • President asked the Supreme Court:
    "Can we give land to another country using Article 3?"

🧑‍⚖️ Supreme Court said:

  • NO, Article 3 does not allow giving Indian land to a foreign country.

  • To do that, you need a Constitutional Amendment under Article 368.

  • So, the government passed the 9th Amendment Act to give land to Pakistan.

But later in 1969:

  • The Court said that settling a border dispute (like correcting a line on the map) is not the same as giving land away.

  • So that can be done through executive action (by the government), no amendment needed.


✅ Summary Table:

Power of Parliament Allowed Under Article 3?
Create a new state ✅ Yes
Increase/decrease area ✅ Yes
Change boundaries or name ✅ Yes
Give Indian land to foreign country ❌ No – Needs Amendment
Settle a border dispute ✅ Yes – By Govt Action

Exchange of Territories with Bangladesh 🇮🇳 🤝 🇧🇩 What Happened?

India and Bangladesh exchanged some small land areas near their borders to solve long-pending border problems.

  • India gave 111 enclaves to Bangladesh

  • Bangladesh gave 51 enclaves to India

👉 These areas were called “enclaves”, meaning small pockets of land inside the other country — like Indian land surrounded by Bangladeshi land and vice versa.

This agreement was part of:

  • Solving border disputes

  • Making life easier for people living in those strange, disconnected areas


🧾 Legal Step Taken: 100th Constitutional Amendment Act (2015)

To make this exchange possible, India had to change its Constitution — especially the First Schedule, which lists all the states and their territories.

Why an amendment was needed?

Because Indian land was being officially given to another country, and as per Supreme Court’s judgment in the Berubari case, such cession of land requires a Constitutional Amendment (not just a normal law).


📜 What the Amendment Did:

It:

  • Allowed transfer and receiving of territories

  • Modified the territorial descriptions of four Indian states:

    1. Assam

    2. West Bengal

    3. Meghalaya

    4. Tripura

  • Finalized the:

    • 🔁 Exchange of Enclaves

    • 🔄 Transfer of Adverse Possessions

    • 🗺️ Demarcation of 6.1 km unmarked boundary


🧭 Background Timeline (Simplified):

Year Event
1947 Radcliffe Award divided India & East Pakistan, but border issues remained
1950 Bagge Award tried to solve disputes
1958 Nehru-Noon Agreement signed
1960 Supreme Court said territory transfer needs amendment → 9th Amendment passed (but not fully implemented)
1974 India-Bangladesh Land Boundary Agreement signed, but not ratified
2011 New Protocol signed between India & Bangladesh with state support
2015 100th Amendment passed to legally complete the border agreement

📍 What are “Adverse Possessions”?

These are areas occupied and controlled by one country, but legally belong to another.
So, to resolve these odd situations, both countries agreed to swap and legalize the control.


🔚 Result:

  • Over 50,000 people got clarity about their nationality.

  • Enclaves were removed, and the India-Bangladesh border was simplified.

  • One of the most peaceful examples of land settlement through diplomacy and law.


✅ Summary in Simple Points:

  • The 100th Amendment (2015) was passed to swap enclaves and settle borders with Bangladesh.

  • It changed the territorial boundaries of Assam, West Bengal, Meghalaya, and Tripura.

  • The agreement made the border clearer and simpler.

  • This solved a problem that started way back in 1947!

  • The people living in enclaves finally got proper citizenship and access to services.


Evolution of States and Union Territories in India

🧩 1. Integration of Princely States (1947–1950)

  • At the time of Independence, India had:

    • British Provinces (directly ruled by the British)

    • Princely States (ruled by local kings under British control)

  • The Indian Independence Act, 1947 allowed princely states to:

    1. Join India

    2. Join Pakistan

    3. Remain independent

✅ Out of 552 princely states:

  • 549 joined India voluntarily

  • 3 (Hyderabad, Junagarh, Kashmir) initially refused, but were later merged:

    • Hyderabad – By police action

    • Junagarh – By referendum

    • Kashmir – Through Instrument of Accession


🗃️ 2. Classification of States in the 1950 Constitution

When the Constitution came into effect in 1950, India had 29 states/territories in 4 categories:

Part Type Examples
Part A Former British Provinces Madras, Bombay
Part B Princely States with legislatures Hyderabad, Mysore
Part C Chief Commissioner's Provinces Coorg, Delhi
Part D Only Andaman & Nicobar Islands -

🔤 3. Demand for Linguistic States

After Independence, many people (especially in South India) demanded states based on language.

Dhar Commission (1948)

  • Recommended administrative convenience, not language

  • People opposed this view

JVP Committee (1949)

  • Formed by Congress (Nehru, Patel, Pattabhi Sitaramayya)

  • Also rejected language as the basis for reorganisation

But...

🇮🇳 Creation of Andhra State (1953)

  • Massive protest led by Potti Sriramulu

  • Died after 56-day hunger strike for Telugu-speaking state

  • Result: Andhra state formed from Madras state in 1953

  • This opened the floodgates for more linguistic demands


📚 4. Fazl Ali Commission (1953–1955)

  • Government formed States Reorganisation Commission (Chairman: Fazl Ali)

  • Members: K.M. Panikkar, H.N. Kunzru

  • Recommended states mostly on linguistic lines, but with national unity as top priority

4 Criteria Used:

  1. National unity and security

  2. Linguistic and cultural similarity

  3. Administrative and economic convenience

  4. Welfare and planning needs


🧱 5. States Reorganisation Act (1956) + 7th Amendment

  • Abolished Part A, B, C, D classifications

  • Created:

    • 14 States

    • 6 Union Territories

  • Came into force: 1st November 1956

Major Changes:

  • Kerala: Travancore-Cochin + Malabar + Kasaragod

  • Andhra Pradesh: Andhra + Telugu parts of Hyderabad

  • Madhya Pradesh: Bhopal + Vindhya Pradesh + Madhya Bharat

  • Bombay: Merged with Saurashtra and Kutch

  • Mysore (Karnataka): Coorg merged

  • Punjab: PEPSU merged

  • Rajasthan: Ajmer merged

  • Laccadive, Minicoy, Amindivi Islands: Became a UT (now Lakshadweep)


📝 Summary

Year Event
1947 India became independent – princely states integrated
1950 States classified into Part A, B, C, D
1953 Andhra state created (first linguistic state)
1956 States Reorganisation Act created 14 states, 6 UTs

🔄 New States & Union Territories Created After 1956

🟩 1960 – Maharashtra & Gujarat

  • Bilingual Bombay State divided.

  • Maharashtra (Marathi-speaking) and Gujarat (Gujarati-speaking).

🟧 1961 – Dadra and Nagar Haveli

  • Liberated from Portuguese (1954), became Union Territory via 10th Constitutional Amendment.

🟥 1962 – Goa, Daman and Diu

  • Acquired from Portuguese in 1961 by police action.

  • Became Union Territory via 12th Amendment Act.

  • Goa became a state in 1987, Daman & Diu remained UT.

🟦 1962 – Puducherry

  • Former French settlements: Puducherry, Karaikal, Mahe, Yanam.

  • Became UT by 14th Amendment Act, 1962.

🟨 1963 – Nagaland

  • Created by separating Naga Hills and Tuensang from Assam.

  • 16th State of India.

🟫 1966 – Punjab Reorganisation

  • Haryana created from Hindi-speaking areas.

  • Chandigarh made a Union Territory.

  • Himachal Pradesh got full statehood in 1971 (18th state).

🟩 1972 – Manipur, Tripura & Meghalaya

  • Manipur (19th), Tripura (20th), Meghalaya (21st) became states.

  • Mizoram and Arunachal Pradesh became Union Territories.

  • Meghalaya was earlier a sub-state within Assam (1969).

🟥 1975 – Sikkim

  • Became associate state in 1974 (35th Amendment).

  • Became full state in 1975 via 36th Amendment (22nd state).

🟦 1987 – Mizoram, Arunachal Pradesh, Goa

  • Mizoram: statehood via Mizo Accord (1986).

  • Arunachal Pradesh: full statehood.

  • Goa separated from Goa, Daman & Diu.

  • Became 23rd, 24th, 25th states respectively.

🟨 2000 – Chhattisgarh, Uttarakhand, Jharkhand

  • Carved out of MP, UP, Bihar respectively.

  • Became 26th, 27th, 28th states.

🟫 2014 – Telangana

  • Formed from Andhra Pradesh via Andhra Pradesh Reorganisation Act, 2014.

  • 29th state of India.

🟥 2019 – Jammu & Kashmir Reorganisation

  • Special status under Article 370 removed.

  • J&K bifurcated into:

    • Union Territory of Jammu & Kashmir

    • Union Territory of Ladakh

  • Via Jammu and Kashmir Reorganisation Act, 2019.


🔁 Change in Names of States/UTs

Old Name New Name Year
United Provinces Uttar Pradesh 1950
Madras Tamil Nadu 1969
Mysore Karnataka 1973
Laccadive, Minicoy & Amindivi Islands Lakshadweep 1973
Delhi (UT) NCT of Delhi 1992
Uttaranchal Uttarakhand 2006
Pondicherry Puducherry 2006
Orissa Odisha 2011

🧾 Current Numbers (as of 2019)

  • States: 28

  • Union Territories: 9



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