Union and its territory

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  • Part I, Art 1 to 4 of the constitution deals with the union and its territory.
  • Art 1 describes India, that is Bharat as Union of States
  • India, that is Bharat phrase because to satisfy traditional namers & Modern namers in the constitution assembly.
  • Union of states not Federation of states because, Dr. B. R. Ambedkar gave Two reasons,
  1. Federation of our country is not the result of agreement among the states like that of an American Federation.
  2. States have no right to secede from the federation.

Hence, Union of States is preferred to Federation of states moreover it is indestruclible.

The country is on integral whole and divided into different states for the adminv. Convenience.

Art 1, Classifies Indian territory into Three categories,

  1. Territories of the States.
  2. Union Territories.
  3. Territories that may be acquired by the GOI at any time.

I schedule has,
Names of states and UT’s &
Their territorial extent.
28 states & 7 UT’s.

constitution,’nal Provisions relating to “States” are applicable to all the states [except J&K] in the same manner.
However, under Part XXI, there are special provisions applicable to the states of Maharshthra,
Gujarath
Nagaland
Assam
Manipur
Andhra Pradesh
Sikkim
Mizoram
Arunachal Pradesh &
Goa.

Which override the General provisions one relates to the states as a class.

  • Further, V & VI schedules contain separate provisions for the administrative of scheduled areas & tribal areas within the states.
  • “Territory of India” is wider than “Union of India” because the latter includes the only states, while the former includes, Not only states but

UT’S & Territories that may be acquired by GOI cat any future time.

  • The UT’s & acquired territories are administered by the central government.
  • India, being a sovereign state can acquire foreign & territories.
  • It can do so by the modern recognized by the international law like, Cession (Following treaty,
  • Purchase,
  • Gifts,
  • Lease or Plebiscite),
Occupation (hither to unoccupied by a recognized ruler),
Conquest or
Subjugation.
  • For example, India acquired several foreign territories such as
  • Dadra & Nagar Haveli,
  • Goa, Daman & Diu,
  • Pandicherry; &
  • Sikkim

Since, the commencement of the constitution.

  • Art 2 gives two powers to the parliament,
i.                        The power to admit new states into the Union of India.
        ii.            The power to establish new states first, refers to the states which are already in existence & need admission.
      iii.            Second, refers to the states which are not in existence before & need establishment.
      iv.            Both of the above cases are those states which are not part of the Union of India.
  • Art 3, deals with
  • Formation of new states from the existing states, or
  • Changes in the existing states of the Union of India.

I.e. internal readjustment of the territories of the constituent states of the Union of India.

  • Art 3, authorizes the parl., to
a.                   Form a new state by seperation of territory from any state or by uniting (2) 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 area of any state and
e.        Alter the name area of any state.

However, Art 3 gave two conditions they are that a bill contemplating the above changes should be referred by the president to the concerned state legislature for expressing its views within a specified period of times.

3.                   Than that the same bill needs prior recommendation of the president before introduction in the parliament.
  • Here president is not bound by the views of the state legislature and may either accept or reject them even if the views are reviewed in time.
  • If any amendment to the bill is made by the parliament, than the fresh reference to the state legislature is not necessary every time.
  • In case of UT no such reference is needed.
  • Further, the power of parliament to form new state includes, the power to form a new state or UT uniting a by part of any state or UT to any other state or UT.
  • Thus, constitution authorizes the parliament, to form new states or alter the areas, boundaries, or names of the existing states without their consent.
  • That is the parliament can redraw the political map of India, according to its will.
  • Hence, the “Territorial integrity” or “Continued existence of any state” is not guaranteed by the constitution. [but USA has both]

Therefore, India is rightly described as an “Indestructible union of destructible states”. I.e. Union government can destroy the states but states cannot destroy the union.
Whereas USA is described as “on indestructible union of indestructible states”.
Art 4 declares that laws made under Art 2 (Formation of new states, – etc.,)
                                              &
Art 3 (Alteration of boundaries, etc.) are not to be considered as amendments of the constitution under Art 36B. i.e. these laws can be passed by a simple majority and by the ordinary legislative process.

    • Parl’s power to cede Indian territory to a foreign country.
In 1960, the Central government has made a decision to cede part of a territory known as Berubari Union (WB)  to Pak, which led to a political agitation.
The president has made reference to the SC in 1960 asking, whether
[the power of parliament to diminish the areas of a state include, also the power to cede Indian territory to a foreign country.]
SC held that it does not include that power, &
Indian territory can be ceded to a foreign country only by a constitution’nal amendment.
Hence the said territory was ceded to Pakistan under 9th constitution’nal amendment (1960).
In 1969, SC ruled that settlement of a boundary dispute with other countries does not involve any constitution’nal amendment and an executive action is enough for it does not involve on cession of Indian territory to a foreign country.
    • Evolution of States & UT’s:-

After India’s independence, there were 552 princely states, among which 549 Joined India & remaining three i.e.

Hyderabad by after police action,
Junagarh by means of referendum &
Kashmir by the instrument of accession joined India.

In 1950, constitution classified states into Four parts:-

Part A, (East while, governor’s provinces),
Part B, (9 princely states with legislatures),
Part C, (Chief Commissioner’s Provinces + Some princely States)
Part D (A & N as solitary Part D state).

Later, On demand for reorganization of states on linguistic basis,
Linguistic Provinces Commission (S.K. Dhar) was appointed in 1948. Which recommended reorganization on the basis of Adminv. Convenience rather than linguistic basis.
Another Linguistic Provinces committee was appointed in December 1948 by the Congress also known as JVP Committee consisting of (3) members
Jawaharlal Nehru,
Vallabhai Patel &
Pattabhi Sitaramayya
& rejected the language as the basis for the reorgonisation of the states.

However,
Potti Sri Ramulu’s 56 day’s hunger strike & death followed the

Creation of a first Linguistic State, Andhra State in 1953 (October).

Later agitation for states on linguistic basis intensified & a 3 members S R Commission under Fazl Ali (Kunzru & Panikkar) (Ch) was appointed on Dec 1953.

submitted report in sept 1955,
who broadly accepted the language as the basis of reorganization of states.

Hence SR ACT (1956) & 7th constitution’nal amendment Act (1956) were enacted.

  • The distinction b/f Part A & Part B removed & Part C states were abolished.
  • As a result,

14 states & 6 UT’s were created on November 1 1956.

Later till date they came to 28 states & 7 UT’s.

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