The Indian Union and Its Territory and Evolution of States

The Indian Union and Its Territory

(Articles 1 to 4 under Part-I)

Part I of the Indian Constitution consists of Articles 1 to 4 which describes the India, The Indian union and its territory. This part of the constitution contains the law for the establishment, renaming, merging or altering the borders of the states. This part of the Indian Constitution was utilised for the various states reorganisation and for the formation of new states. Latest being the Telangana and solving the border disputes with the Bangladesh for the enclaves.

So now, let us see in detail the part I i.e. The Indian Union and Its territory and its articles –

Part I – The Indian Union and Its Territory

Article 1 –

describes India, that is, Bharat as a ‘Union of States’ not Federation of states. (It is not result of agreement between the states and there is no right to secede for the states).

According to Article 1, the territory of India can be classified into three categories: 

1. 1. Territories of the states,
   2. Union territories,
   3. Territories that may be acquired by the Government of India at any time.
   4. ‘Territory of India’ is a wider expression than the ‘Union of India’. Union of India implies States whereas Territory of India implies states, UTs, territories that may be acquired in future.

Article 2 –

grants two powers to the Parliament –

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

Article 2 relates to admission or establishment of new states that were/are not part of the India. On the other hand, Article 3 deals with establishment or creation of new states after reorganization of existing states which are already parts of India.

Article 3 –

authorises the Parliament to:

1. 1. 1. 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,
      2. Increase the area of any state,
      3. Diminish the area of any state,
      4. Alter the boundaries of any state, and
      5. Alter the name of any state.

The Constitution contemplated changes of the territorial limits of the constituent States and there was no guarantee about their territorial integrity. The new States may be established in different ways laid down in the article, namely:

• • • • by separation of territories from any State
      • by uniting two or more States,
      • by uniting parts of States and
      • by uniting any territory to a part 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. Even if the state submits its views within the specified or extended period, 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. The Bill is passed with simple majority.

Article 4 –

states that laws made under Article 2 and Article 3, shall not be considered as a constitutional Amendment under Article 368.

If any territory has to be ceded to a foreign country, it cannot happen under Article 3.  It needs an amendment under Article 368.

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 provision (including provision 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.

100th constitutional amendment act ceded certain enclaves to Bangladesh.  

Evolution of States and Union Territories  

• • At the time of independence, India comprised two categories of political units,
  • The British provinces (under the direct rule of British government) and
  • The princely states (under the rule of native princes but subject to the paramountcy of the British Crown).
  • In 1950, the Constitution contained a four-fold classification of the states of the Indian Union—Part A, Part B, Part C and Part D State. In all, they numbered 29.
  • Part A – 9 States (Former provinces of the British Governors)
  • Part B – 9 states (Former Princely States)
  • Part C – 10 states (Former Princely states) and 4 Chief Commissioner Provinces
  • Part D – Andaman & Nicobar Islands
  • Total number of states – 29
  • The integration of princely states with the rest of India has purely an ad hoc arrangement. There has been demand from different regions for reorganisation of states on linguistic basis. Hence, Government setup various Commissions for the purpose –

• • • • Dhar Commission (1948): reorganisation of states on the basis of administrative convenience rather than linguistic factor.
      • JVP Committee (1948): consisting of Jawaharlal Nehru, Sardar Vallabhai Patel, Pattabhi Sitaaramayya submitted its report in April 1949. Formally rejected language as the basis for reorganisation of states.
      • Fazl Ali Commission: submitted its report in September 1955 and broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of ‘one language–one state’. It identified four major factors that can be taken into account in any scheme of reorganisation of states:

1. 1. 1. 1. 1. Preservation and strengthening of the unity and security of the country.
            2. Linguistic and cultural homogeneity.
            3. Financial, economic and administrative considerations.
            4. Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

• • Based on Fazl Ali commission, States reorganisation act 1956 and 7th Constitutional Amendment Act led to Abolition of four fold classification of states and formation of 14 states and 6 UTs.
  • 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
  • First linguistic state created in India – Andhra state in 1953.

New States That Came Into Existence After 1956

• • The Bombay Re-organisation Act, 1960, divided the State of Bombay to establish the two States of Gujarat and Maharashtra.
  • The State of Nagaland Act, 1962 created Nagaland as a separate State.
  • The Punjab Re-organization Act, 1966 divided Punjab into Punjab and Haryana.
  • New State of Himachal Pradesh comprising of the existing Union Territory of Himachal Pradesh was established by the State of Himachal Pradesh Act, 1970.
  • New State of Manipur, Tripura, Meghalaya and Union Territories of Mizoram and Arunachal Pradesh were established by North Eastern Areas (Re-organization) Act, 1971. Later Mizoram and Arunachal Pradesh Achieved Statehood by State of Mizoram Act, 1986 and State of Arunachal Pradesh Act, 1986.
  • New State of Sikkim was established by Constitution (36th Amendment) Act, 1975.
  • The State of Goa Act, 1987 incorporated Goa as a separate State of the Union.
  • Chhattisgarh was formed as a result of Madhya Pradesh Re-organisation Act, 2000, which came into being on November 1, 2000.
  • Uttaranchal came into existence by Uttar Pradesh Re-organisation Act, 2000 on 8th November, 2000, comprising the northern district of Kumaon and Garhwal hills of Uttar Pradesh.
  • The State of Jharkhand was established by Bihar Re-organisation Act, 2000 on 15th November, 2000, by comprising eighteen southern districts of Chota Nagpur and Santhal Pargana areas of Bihar.
  • The State of Telangana was created by Andhra Pradesh Reorganisation Act, 2014 and came into being on 2nd June 2014.

In short, following states came into existence in these years –

• • 1960 – Maharashtra, Gujarat from Bombay
  • 1963 – Nagaland
  • 1966 – Haryana, Chandigarh and HP from Punjab Province.
  • 1972 – Manipur, Tripura and Meghalaya.
  • 1975 – Sikkim (36 CAA)
  • 1987 – Mizoram, Arunachal Pradesh and Goa.
  • 2000 – Chhattisgarh, Uttarakhand and Jharkhand.
  • 2014 – Telangana

Why the term Union instead of Federation?

• • Our country is not a result of any type of contract between formerly independent states
  • Once a territory becomes part of Indian Territory they do not have the power of succession i.e. such states cannot opt out of the union.

What is the difference between Territory of India and Union of India?

• • Territory of India refers to a wider set including present states, union territories and regions which may be acquired at a later point.
  • Current States and Union Territories of India.

Take Away from Part I: The Indian Union and the territory (Articles 1- 4)

• • There was widespread disagreement in the constituent assembly on whether to use India or Bharat as the official name of the country. As a compromise, ‘India that is Bharat’ was used. Though India is defined as a ‘federation with strong centralising tendency’, the word federation has not been used even once in the constitution. Instead, the term union is used. This is done on purpose as Dr. B.R. Ambedkar preferred the use of word union in place of federation to emphasise that India is not a result of an agreement between different states and hence no state has right to secede from it. 
  • When the word India or Bharat or union of India is used in the constitution, it is applicable to the territories of states only. When the word ‘territory of India’ is used in the constitution, it is applicable to all the territories including the union territories and any acquired territories.
  • With the 7^th amendment to the constitution in 1956, the concept of Union territory is brought in to administer areas which are very small in area or governed by international agreements or politically not evolved for locally elected governance.
  • Article 2 relates to admission or establishment of new states that were/are not part of the India. On the other hand, Article 3 deals with establishment or creation of new states after reorganization of existing states which are already parts of India.
  • The territorial waters and the exclusive economic zones shall also become part of the territories of states or union territories in the absence of any listing of them separately in Schedule 1 and 4 of the constitution.
  • The territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 was enacted by the Indian government to notify the sovereign rights on these areas for dealings with other countries
  • No State can be formed, admitted or set up by law under Article 4 by Parliament which has not effective legislative, executive or judicial organs. 

So, this was all about the Indian Union and its territories and evolution of States and Union Territories.

In the Next Post (Click Here), we will learn about the Indian Citizenship and Citizenship Act of India.