Union and its Territory – gkinsights.com

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Articles on Union and Its Territory

Articles 1 to 4 under Part-I of the Indian Constitution deal with Union and its territory
– Article 1: Defines India & Classifies Indian Territory
– Article 2: Admit/ Establish New states
– Article 3: Re-adjustment of Existing States
– Article 4: Changes under Article 2, Article 3 are not amendments

Article 1

Article 1:
- defines India as a ‘Union of States‘
- classifies Indian territory into three categories: Territories of the states, Union territories, Territories that may be acquired by the government of India at any time
The name ‘India, that is, Bharat‘ was adopted due to differing opinions.
India’s Constitution is ‘Federal’, but it’s called a ‘Union of States.’
- Federal = Power divided between Centre & States
- Union = Centre has supreme authority

First schedule lists 28 states and 8 union territories and their territorial extent
- Special provisions under Part XXI for specific states:
  Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka
Fifth and Sixth Schedules address scheduled and tribal areas.

‘Territory of India’ is wider expression than ‘Union of India’
- Union of India = States
- ‘Territory of India’ = States + Union territories + Potential acquisitions

States, as members of Federal System, share powers with the Centre; union territories are directly administered.

India can acquire foreign territories as recognised by International Law through:
- cession (treaty, gift, purchase)
- occupation (previously unoccupied)
- conquest or subjugation (capture)

Article 2

Article 2 empowers Parliament to admit or establish new states.

Article 3

Article 3 deals with internal re-adjustment of existing states.
- President’s prior recommendation after him referring to (but not bound by) concerned states required for changes under Article 3.
Parliament can diminish state areas without their consent.

Article 4

Article 4: Laws on admission, establishment, and reorganisation under (Articles 2 & 3) aren’t constitutional amendments under Article 368
- So such laws can be passed by Simple Majority & ordinary Legislative Process

100th Amendment Act (2015) facilitated territory exchange with Bangladesh

Note:
– Ceding Indian territory to a foreign country requires a constitutional amendment.
– Settlement of boundary disputes doesn’t need a constitutional amendment.

Integration of Princely States

1947: India gained independence, comprising British provinces and princely states.
1947: The Indian Independence Act offers princely states three choices: join India, join Pakistan, or remain independent.
- Most princely states choose to join either India or Pakistan and the remaining 3 integrated into India soon:
  - Hyderabad through police action
  - Junagarh through a referendum.
  - Kashmir through the Instrument of Accession.
1950: Constitution contained 4-fold classification of India:
- Part A states had their own governments and were formerly British Governor’s provinces.
- Part B states, enjoying some autonomy, were primarily former princely states.
- Part C states were centrally administered former Chief commissioner’s provinces of British India and some princely states
- Part D consisted only the Andaman and Nicobar Islands, directly governed by India.
- Notable examples of these categories were Bombay, Madras, Uttar Pradesh, West Bengal etc (Part A), Mysore, Hyderabad, Travancore-Cochin (Part B), Himachal Pradesh, Coorg etc (Part C), A&N Islands (Part D)
- This classification discontinued later by SR Act, 1956

Creation of Linguistic States

Dhar Commission (Linguistic Provinces Commission) in 1948, recommended administrative convenience over linguistic factors.
JVP Committee: Reconsidered reorganization in 1948, rejected language as the primary basis.
Fazl Ali Commission: Established in 1953, accepted language as basis but not “one language-one state,” emphasized unity and economic factors in reorganization.
States Reorganisation Commission appointed in 1956 led to the creation of linguistic states (14 States, 6 UTs) on Nov. 01, 1956 through SR Act, 1956 & 7th CAA, 1956

Special Cases and State Changes

After 1956: Later, creation of Maharashtra, Gujarat, Dadra and Nagar Haveli, Goa, Daman-Diu, Puducherry, Nagaland, Haryana, Chandigarh, Himachal Pradesh, Manipur, Tripura, and Meghalaya, J&K, Ladakh etc.

1975: Inclusion of Sikkim as an associate state, later a full-fledged state.
1987: Creation of Mizoram, Arunachal Pradesh, Goa as full-fledged states.
2000: Formation of Chhattisgarh, Uttarakhand, Jharkhand as separate states.
2014: Telangana became India’s 29th state in 2014.
2019: Abolition of Article 370 in Jammu & Kashmir, bifurcation into union territories: ‘Jammu & Kashmir’ and ‘Ladakh’ (Kargil, Leh districts gone to Ladakh UT)
Note: Union territories of ‘Dadra and Nagar Haveli’ and ‘Daman and Diu’ merged into a single union territory ‘Dadra and Nagar Haveli and Daman and Diu’ in Nov. 2019

As of 2023, India consists of 28 states and 8 Union Territories

Changes in State and Union Territory Names

Changes in state and union territory names: Uttar Pradesh, Tamil Nadu, Karnataka, Lakshadweep, National Capital Territory of Delhi, Uttarakhand, Puducherry, Odisha.

List of 28 States & 8 Union Territories of India

(as of 2023)

States

Andhra Pradesh
Arunachal Pradesh
Assam
Bihar
Chhattisgarh
Goa
Gujarat
Haryana
Himachal Pradesh
Jharkhand
Karnataka
Kerala
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Mizoram
Nagaland
Odisha
Punjab
Rajasthan
Sikkim
Tamil Nadu
Telangana
Tripura
Uttar Pradesh
Uttarakhand
West Bengal

Union Territories (UTs)

Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli and Daman and Diu (merged into one UT in Nov. 2019)
Lakshadweep
Delhi (National Capital Territory of Delhi)
Puducherry
Jammu and Kashmir
Ladakh

MCQs on Union & Its Territories

Union and Its Territory Quiz

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