Union and Its Territory

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Constitution of India ( Flow Chart)

Constitution of India ( An Introduction)

Constitution of India ( Schedules)

Historical Background of Indian Constitution

The Nature of Indian Constitution ( Federal or Unitary)

Salient Features of the Indian Constitution

The Preamble of the Constitution

The Union and Its Territory ( Articles 1 – 4)

Constitution of India Part – 1

The Union and Its Territory( Articles 1 – 4)

Article 1.  – Name and Territory of the Union

Article 2. – Admission or establishment of new States.

Article 2A. – [Omitted.]

Article 3. – Formation of new States and alteration of areas, boundaries or names of existing States.

Article 4. – Laws made under Article 2 and 3 to provide for the amendment of the first and the fourth Schedules and Supplemental, incidental and consequential matters

Article 1.  – Name and Territory of the Union

1. Article 1 of the Constitution declares that India ( Bharat) Shall be the Union of States.
2. The States  and the territories thereof shall be as specified in the First Schedule
3. The territory of India shall comprise-
   • The Territories of the States;
   • The Union territories specified in the firrst Schedule;
   • Other Territories which may be acquired by Government of India.

Note –  The Union of India includes only the States enjoying the Status of being members of the federal system and sharing the powers with the Union.

The territory of India includes the States, the Union Territories and such other territories as may be acquired by India in future. Both States and the Territories have specified  in the first Schedule of the Constitution.

The territory of India at present Consists of the following-

Article. 2 – Admission or establishment  of new States –

• According to the article Parliament may by law admit new States into the Union India  or establish new States on such terms and conditions as it think.

Explanation:

Article 2 gives Parliament two powers

1. The power to admit into the Union new States which are established and are already in existence. i.e., The French Settlements of Pondicherry, etc.
2. The power to establish new States which were not in existence before.

Article 2-A. Sikkim to be associated with the Union.-

[Rep. by the Constitution ( Thirty – Sixth Amendment ) Act, 1975 s. 5 ( w.e.f. – 26-4-1975)]

Article. 3 – Formation of new States and alteration of areas, boundaries or names of existing State 

• According to Article 3 Parliament may form or establish A new State in the following ways :-
  • By separation of territory from any State; or
  • By Uniting two or more States; or
  • By uniting any parts of States: or
  • By uniting any territory to a part of any State.
• Under the Article 3 Parliament may increase the area of any State,
• Diminish the area of any State,
• Alter the boundaries of any State and,
• Alter the name of any State.

Note : State includes a Union Territory

In this regard Parliament follows the following Steps;

Step – 1: On the recommendation of the President, either House of Parliament may introduce a bill for the formation of new States or the alteration of the boundaries or the names of the existing State.

Step-2: If the bill affects the area,boundaries or names of a State, then the President will refer the Bill to the concerned Legislature of State before introducing it in the Parliament for their opinion

Step-3: If the State Legislature fails to express an opinion within the given period the President will introduce the bill in the Parliament even though the opinion of the Statehave notbeen obtained

If Legislature of State expresses its opinion within the given period, the Parliament is not bound to accept or act upon the views of the State Legislature.

In the case of Union Territories, it is not necessary to seek the views of Legislatures of Union Territories before introducing such Bill.

Article. 4 –

 It states that any law mentioned to in Article-2 or Article-3 shall contain such provisions for the amendment of the Ist  Schedule and the IVth Schedule necessary to provide effects to the provisions of law and may also contain such supplemental, incidental, and consequential provisions, as the Parliament may deem necessary.

Article  4 allows for consequential changes in the Ist Schedule (i.e. names of the States in the Union of India) and IVth  Schedule (i.e. a number of seats allotted in the Rajya Sabha for each state.)

Any Such law relating to altering existing States or formating a new State shall not be treated  as the amendment of the Constitution for the purpose of article 368.

Question 1. ‘Does the power of Parliament to diminish the area of any State include also the power to cede Indian territory to a foreign State?

Answer. Article 3(c)does not provide for cession of the territory to a foreign – State cannot be implemented by simply passing a law under Article 3. For this an amendment of the Constitution is necessary.

This does’t mean that there is no power to acquire or cede territory. The power to acquire and cede territory is an attribute of Sovereignty. India being a Sovereign State has power to acquire and cede territory both under International Law and according to the Preamble.'(1)

Union and Its Territory

Reference:-

1. Dr. J. N. Pandey,’ Constitutional Law of India’, Central Law Agency 2020.

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