The Union and its Territory

Topics Discussed: -

·       Introduction

·       Basic Articles

·       Explanation of Articles

·       Evolution

·       PRACTICE QUESTIONS

·       Introduction

1.    Part I of Indian Constitution is titled The Union and its Territory.

2.    It includes articles from 1- 4.

3.    Part I is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. This part of the constitution contains the law in the establishment, renaming, merging or altering the borders of the states.

4.    Articles under Part I were invoked when West Bengal was renamed, and for formation of relatively new states such as Jharkhand, Chhattisgarh or Telangana.

·       Basic Articles

·       Explanation of Articles

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;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

Article 1 of the Constitution describes India, that is, Bharat as a ‘Union of States’.

 The reasons behind this were made clear by Dr. B.R. Ambedkar in the Constituent Assembly. Ambedkar said that the Indian federation was a “Union” because it was Indissoluble, and no State had a right to secede from the Indian Union

NOTE: The Term ‘Union of States’ implies that India is a unitary system of government and it is federal only in a secondary sense.

Dr. Ambedkar use the expression “UNION” instead of the expression “Federation” because:

·       Though the country and the people may be divided into different States for convenience of administration, the country is one integral whole, its people are single people living under a single imperium derived from a single source.

·       The expression- India is a Union of States was chosen as India was already a Union at the time of the Constituent Assembly debates. Secularism means separation of religion from politics. Religion is private while politics is public.

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. 

·       Under Article 2, the Constitution vests power with Parliament for the admission or establishment of new States.

·       Article 2 relates to admission or establishment of new states that were/are not part of the India.

         Example of Use of Article 2 in India

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 States;
d. alter the name of any state

·       Under Article 3, the Constitution empowers Parliament to 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.

·       The Constitution further states that Parliament has the power to increase or diminish the area of any State or to alter the boundaries or names of any State. 

·       A Bill giving effect to any or all the changes stated above can be introduced in either House of the Parliament, only on the recommendation of the President.

·       If such a Bill affects the boundary or name of a State, then the President, before introducing it in the Parliament, shall refer the Bill to the State Legislature concerned for its opinion, fixing a time limit within which an opinion may be expressed by the State Legislature. The President may extend the time limit so specified. 

·       If the State Legislature fails to express an opinion within the stipulated time limit then it is deemed that it has expressed its views.

·       If it submits its views within the period so specified or extended, Parliament is not bound to accept or act upon the views of the State Legislature. Further, it is not necessary to make fresh reference to the State Legislature every time an amendment to the Bill is proposed and accepted.

NOTE: In the case of Union Territories, it is not necessary to obtain the views of Legislatures of Union Territories before a Bill affecting their boundaries or names is introduced. For example, such Bills in respect of Mizoram, Arunachal Pradesh and Goa, Diu and Daman were introduced in Parliament without obtaining such views.

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 matter

·       No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.

·       Article 4 allows for consequential changes in the First Schedule (names of the States in the Union of India) and Fourth Schedule (number of seats each State is allotted in the Rajya Sabha). 

·       It also says that no law altering existing States or creating a new State will be considered a constitutional amendment

·       It is in line with the earlier provisions of requirement of only simple majority in the Parliament and suggests the complete control of Union over territories of individual States of the Union.

·       EVOLUTION OF STATES IN INDIA

In 1950, there was a fourfold classification of states: Part A, B, C, and D. In 1948 there was a demand for a linguistic basis to create states particularly from south India.

1.    Part A: Consisted of nine erstwhile Governor’s Provinces of British India.

2.    Part B: Consisted of 9 erstwhile Princely States with Legislatures.

3.    Part C: Consisted of Erstwhile Chief Commissioner’s Provinces of British India and some of the erstwhile Princely States, total 10 in number.

4.    Part D: The Andaman and Nicobar Islands were kept as the solitary State.

 TIMELINE OF COMMISSIONS FORMED FOR STATES REORGANISATION IN INDIA

·       The Dhar commission appointed to study this issue suggested administrative rather than linguism as basis for reorganisation. 

·       Since this was resented JVP commission [J Nehru – Sardar V Patel – P Sittaramaiya] was created and this too rejected linguistic reasons to create states.

·       However, after the death of Potti Sriramallu on hunger strike for a separate state to Telugu speaking areas, congress created Andhra Pradesh.

·       The similar demand from other side led the government to appoint Fazl Ali committee that accepted linguistic basis as one of the four important points for creating states. The government accepted the report and passed the state reorganization act and 7th amendment. So 16 states and 6 UT were created.

·      PRACTICE QUESTIONS

1.     Which of the statements is correct?

A.    To form a new state, the relevant Bill may be introduced in either house of Parliament only on the recommendation of the President.

B.    To form a new state, the relevant Bill can only be introduced in the Lok Sabha, with the recommendation of the President.

C.    To form a new state, the relevant Bill can only be introduced in the Rajya Sabha with the recommendation of the President.

D.   To form a new state, President’s recommendation is not required.

ANS: A.

2.     Consider the following statements.

A.    To form a new state, the opinion of the state legislature is not binding on the President.

B.    To form a new state, the opinion of the state legislature is binding on the President.

C.    To form a new state, the Bill needs to be passed by the Parliament by a simple majority.

D.   To form a new state, the Bill needs to be passed by the Parliament by a Special Majority.

Which of the above statements is/are correct?

A.    1 only 

B.    1 & 3 only

C.    2 only 

D.   1 & 4 only

ANS: B.

3. Consider the following statements.

1.    Puducherry was a former French Colony.

2.    It consists of four regions - Poducherry, Karaikal (Tamil Nadu), Mahe (Kerala), & Yanam (Andhra Pradesh).

3.    After 36th Constitutional Amendment Act in 1975, Sikkim became the 22nd state of the Indian Union.

4.    In 1963 Puducherry became a Union Territory.

Which of the above statements is/are correct?

1.    2 only 

2.    3 only

3.    4 only 

4.    All of the above

ANS: D

4. Which of the following statements is/are incorrect

1.    Dhar Commission was set up by the President of the Indian Constituent Assembly in 1948 to consider the question of reorganization of states in India.

2.    Dhar Commission favoured re-organi-zation of states on the basis of language.

3.    The government in 1948 set up a high level committee called linguistic provinces committee. Consisting of Nehru, Patel & Sitarammaiah to consider the Dhar Commission’s recommendation.

4.    Andhra Pradesh became the first state which was formed on basis of language.

ANS: B