Constitution deals with the Union and its Territory

Union and Its Territory

Article 1 to 4 in Part-I of the Constitution deals with the Union and its Territory.

There is a general opinion regarding the term ‘union of States’ implies that India as a unitary form of government. But the following explanation by Dr. Bhimrao Ambedkar while moving the Drafted constitution in 1948 dispelled such interpretation. He elaborated & defined the importance of the use of the expression “Union instead iof the expression” federation as mentioned below.

a) Though the country and the people may be divided into different states for the convenience of administrative activities, but the country is one integral whole.
b) The term “ India ia a Union of State” was chosen as India was already a Union at the time of the constituent Assembly debaters.

Thus it implies that the Indian federation is not the result of an agreement among the states and the states have got no rights to secede from the federation. The federation of a Union because it is indestructible.

Article 1: (*) classifieds the territory of India into three categories i.e.:

1) Territories of the States
2) Union Territories
3) Territories that may be acquired by the government of India at any time by purchase, treaty, cession, conquest or any other method.

The names of states and union territories and their territorial extent are mentioned in the first schedule of the constitution. It says, India is a Union of 28 states & 7 centrally administrated Union Territories. The provision of the constitution pertaining to the state are applicable to allthe states (exept Jammu and Kashmir) in the Same manner, However the special provisions applicable to the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh and Goa override the genral provision relating to the states as a class. Furthermore, the fifth and sixth schedule areas and tribal areas within the states.

(*) Difference between terms “Union” and “Territory”:
With reference to the government in India, the two terms namely “Union of India” and “Territory of India” have specific meanings. While the former stands for the states that share federal powers with the Union Governments, the latter include not only the states but all other units like the Union Territories also or, in other words, the territory of India includes a larger area as compared to the union of India. i.e. the territory of India covers the entire trritory over which Indian sovereignty is exercised while Union of India covers only the federal system.

Article 2: Grants two powers to the Parliament namely:

1) The power to admit into the Union of India new states; and
2) The power to establish new states

Broadly, the first refers to the admission of states which are already in existence while the second refers to the establishment of states which are not in existence before. The latest addition was that of the state of Sikkim by the 35th and 36th Constitutional Amendments in 1974 and 1975. This was done at the request of the Sikkim Assembly and after the approval the people of Sikkim through a referendum.

Article 3: Authorities the Parliament to:

a) Form a new state by separation of territory from any state or by uniting two or more states ot 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 boundries of any state.
e) Alter the name of any state.

Several conditions with reference to Article 3:
a) A bill contemplating the above changes can be introduced in the Parliament only with the recommendation of the President.
b) Before recommending the bill, the President has to refer the same to the state legislature concerned for expression its views within the specified period which is fixed by him & is extendable also.
(*) The President or Parliament is not bound by the views of the state legislature and may either accept or reject them even if the views are received on time.
(*) Also it is not necessary to make a fresh reference to the state legislature every time on amendment to the bill is moved and accepted in Parliament.
(*) In the case of a Union Territory, no reference need to be made to the concern legislature for its views and the Parliament can itself take the action as if deems fit.
(*) The said process is initiated by the Union Government and the role of the affected state is only to express its opinion which is not binding in the Union Government Parliament needs to pass the Bill only by a simple majority. The council of state (Rajya Sabha) does not have any special power in this regard.

Article 4

Clarifies that the laws for admission or establishment of new states and alteration of names, areas, boundaries etc. of the existing states inder Article 2 & 3 are not to be considered as amendments of the constitution under Article 368 i.e. these can be passed without resorting to any special procedure & by simple majority.

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