The Union & Its Territory

THE UNION AND ITS TERRITORY

Articles 1 to 4  under the part of the constitution describes the union and its territory

Article1
Clause(1)- India, that is Bharat, shall be a Union of  State
Clause(2)- The States and the territories there of shall be as specified in the first Schedule
Clause(3) – The territory of India shall comprise
•    The territories of the state
•    The union territories specified in the First Schedule.
•    Such other territories as may be acquired

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.

Article 2
•    2 - Parliament may by law admit into the Union, or establish, new States on such terms and conditions  as it thinks fit.
•  2A - [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 975, s. 5 (w.e.f.26-4-1975).Till 1956 States were categorized as:-
1.    Part A – 9 States (Former provinces of the British Governors)
2.    Part B – 9 states (Former Princely States)
3.    Part C – 10 states (Former Princely states) and 4 Chief Commissioner Provinces
4.    Part D – Andaman & Nicobar Islands
 

Total number of states – 29
•    Chief Commissioner Provinces were small provinces governed directly by British Government but due to its small size a Governor was not required thus officer of the rank of Chief Commissioner was made incharge of the province.E.g. - Delhi, Coorg
•    A   schedule is an appendix or a supplement that is attached at the end of a constitution. It is in the form of an explanation to one or more articles of the constitution
Reorganisation of States during British rule was done keep three points in mind. These were:-
•    Administrative convenience
•    Economic Convenience
•    Military Convenience

Article 3
Parliament may by law:
•    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
•    Increase the area of any State
•    Diminish the area of any State
•    Alter the boundaries of any State
•    Alter the name of any State

After independence large number of princely states had joined the Union of India so British reorganisation reasons would not have worked.

•    Use of Language as demarcation was thought of as one of the reasons initially
•    In 1948, SN Dhar commission was set up to look into the reorganisation which did not accept this reason as it will invoke sub national sentiments
•    E.g. – Right wing parties of Maharashtra opposing people from UP and Bihar in Mumbai
•    JVP committee consisting of Jawaharlal Nehru, Sardar Vallabhai Patel, Pattabhi Sitaaramayya submitted its report in April 1949 endorsing the views of SN Dhar committee
•    In 1956 State Reorganisation committee consisting of Fazal Ali, AM Panikar, Pandit Hridayanath Kunzru
•    It rejected ‘One Language One state’ claim and said that Unity, Integrity and Security of the state should not be compromised.
•    They carved out 14 states and 6 Union Territories
•    For creation or reorganisation of states, only a simple majority of the Parliament is required
•    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.

Article 4
•    Clause (1) - 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 provisions (including provisions 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.
•    Clause (2) - No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.