The Union and Its Territory
Article 1
Clause (3) – The territory of India shall comprise— (a) The territories of the States;(b) The Union territories specified in the First Schedule; (c) Such other territories as may be acquired. |
Why the term Union instead of Federation?
| What is the difference between Territory of India and Union of India? |
Article 2
2 - Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2A - [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 975, s. 5 (w.e.f.26-4-1975).
Part A – 9 States (Former provinces of the British Governors)
Part C – 10 states (Former Princely states) and 4 Chief Commissioner Provinces
Part D – Andaman & Nicobar Islands Total number of states – 29
Chief Commissioner Provinces
were small provinces governed directly by British Government but due to its small size a Governor was not required thus officer of the rank of Chief Commissioner was made incharge of the province.
E.g. - Delhi, CoorgWhat is a schedule?
A schedule is an appendix or a supplement that is attached at the end of a constitution. It is in the form of an explanation to one or more articles of the constitution
Reorganisation of States during British rule was done keep three points in mind. These were:-
- Administrative convenience
- Economic Convenience
- Military Convenience
Article 3
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
After independence large number of princely states had joined the Union of India so British reorganisation reasons would not have worked.
- Use of Language as demarcation was thought of as one of the reasons initially
- In 1948, SN Dhar commission was set up to look into the reorganisation which did not accept this reason as it will invoke sub national sentiments
E.g. – Right wing parties of Maharashtra opposing people from UP and Bihar in Mumbai - JVP committee consisting of Jawaharlal Nehru, Sardar Vallabhai Patel, Pattabhi Sitaaramayya submitted its report in April 1949 endorsing the views of SN Dhar committee
- In 1956 State Reorganisation committee consisting of Fazal Ali, AM Panikar, Pandit Hridayanath Kunzru
- It rejected ‘One Language One state’ claim and said that Unity, Integrity and Security of the state should not be compromised.
They carved out 14 states and 6 Union Territories - For creation or reorganisation of states, only a simple majority of the Parliament is required
14 States – Andhra Pradesh, Assam, Bihar, Bombay, Jammu & Kashmir, Kerala , Madhya Pradesh, Madras, Mysore, Orissa, Rajasthan, Punjab, West Bengal
6 Union Territories - Andaman & Nicobar, Himachal Pradesh, Delhi, Tripura, Manipur, Lakshadweep
Article 4
Clause (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.
Clause (2) - No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
