Union and its Territories [ Part-I: Article 1 to 4 ]

We will discuss about the provisions of Article 1-4 under Part-I of Indian Constitution. Lets discuss in detail about the following questions:

1) Is India a federation of states?

2) How can territory of India be classified?

3) Why is India divided into so many states?

4) How can India acquire a foreign territory?

5) What are the foreign territories acquired by India so far?

6) What are Article-2 and Article-3?

7) Why is India said as indestructible union of destructible state?

8) Does changes done under Article-2 and Article-3 require amendment under Article 368?

9) Does power of Parliament to reduce the area of a state under Article-3 also include power to cede (transfer) Indian territory to a foreign territory? 

10) Are Article-1 to 4 applicable to the state of Jammu & Kashmir?

11) What are schedules related to Union and its territories?

12) Reorganization of States on Linguistic Basis - Dhar Commission, JVP Commission, Fazal Ali Commission

Facts about Union and its Territories [Part - I: Article 1 to 4]

Article 1 to 4 in Part-I of the Constitution of India states that India is a UNION of states and not Federation of states. Article 1 to 4 provides for territorial extend of India and Parliament of India has the powers to redraw the political map of India. Unlike America, India is indestructible union of destructible states.

1) Is India a federation of states?

India i.e., Bharat is a UNION of States (not Federation of States) because :

• There is no agreement among the states
• States have no right to secede(leave) from the federation.

2) How can territory of India be classified?

Territory of India can be classified into 3 types:

• Territories of India
• Union Territories
• Territories acquired by the Government of India at any time (eg: Pudducherry, Goa, Sikkim)

3) Why is India divided into so many states?

• India is divided into various states only for betterment of administration.

4) How can India acquire a foreign territory?

India is a Sovereign state and it can acquire foreign territories in 4 ways:

a) cession (means surrendering or transferring) [following any treaty, purchase, gift, lease or plebiscite]

b) occupation 

c) subjugation (means domination)

d) conquest (means defeating)

5) What are the foreign territories acquired by India so far?

5 foreign territories occupied by India are:

a) Dadar and Nagar Haveli [Portuguese]

b) Goa [Portuguese]

c) Daman and Diu [Portuguese]

d) Pudducherry [French]

e) Sikkim

6) What are Article-2 and Article-3?

• What is Article-2?

Parliament can admit existing states into Union of India and establish new states which were not existing previously.

• What is Article - 3?

Parliament can redraw political map of India according to its will i.e formation of or change in existing states of union of India - internal adjustment of boundaries of the states.

Under Article-3 Parliament can do following activities :

a) form new states by separating it from existing states,

b) increase the area of a state

c) decrease the area of a state

d) change the name of a state

7) Why is India said as indestructible union of destructible state?

India can be described as indestructible union of destructible state because:

• Union government cannot destroy states
• States cannot destroy Union

Note: USA can be described as indestructible union of indestructible state.

8) Does changes done under Article-2 and Article-3 require amendment under Article 368?

Alteration in boundaries, renaming of states and formation of new states [under Article 2 and 3] - does not require amendment under Article 368.

• Bill to make these changes is introduced in the Parliament with prior recommendation of the President.

• Before recommending the bill, President ask for views of the states which need to be expressed within specified period. 

• President is not bound by the views of the states - can accept or reject them.

• Not necessary to make fresh reference to state legislature every time an amendment to bill is moved in the Parliament.

• For Union territories, no reference need to be made to the concerned legislature - Parliament can take any action on its own.

• Passed by simple majority and ordinary legislative process.

9) Does power of Parliament to reduce the area of a state under Article-3 also include power to cede (transfer) Indian territory to a foreign territory? 

No, it requires an amendment under Article-368.

Examples : 

• Dispute over transfer of Berubari Union to East Pakistan (now Bangladesh) in 1960 - 9th Constitutional (Amendment) Act, 1960

• Land Boundary Agreement between India and Bangladesh: exchange of enclaves and giving up adverse possessions via 119th Constitutional (Amendment) Bill, 2013 or 100th Constitutional (Amendment) Act, 2015

10) Are Article-1 to 4 applicable to the state of Jammu & Kashmir?

Article-1 to 4 are applicable to entire India, except J&K.

• After revocation of Article-370 in August 2019, all the articles of the Constitution of India are applicable to the state of Jammu and Kashmir including Article-1 to4.

11) What are schedules related to Union and its territories?

Schedules related to Union and its territories are:

• Schedule-1: Mentions name and territorial extent of states and union territories.
• Schedule-4: Allocation of seats in Rajya Sabha to the states and union territories.
• Schedule-5: Administration & control of scheduled areas and scheduled tribes.
• Schedule-6: Administration of tribal areas of Assam, Meghalaya, Tripura and Mizoram.

12) Reorganization of States on Linguistic Basis

The committees formed for Reorganization of States on Linguistic Basis were:

a) Dhar Commission or Linguistic Provinces Commission

• Formed in = June 1948
• Submitted report = Dec 1948
• Recommended reorganization of states on administrative basis rather than linguistic basis.

b) JVP Commission: 

• Commission consisted of : Jawahar Lal Nehru, Vallabhbhai Patel and Pattabi
• Formed in = Dec 1948
• Submitted Report = April 1949 [Rejected idea of reorganization of states on linguistics basis] 

Note : Potti Sriramulu went on 53-days hunger strike to separate telugu speaking Andhra area from Madras state and died on 15th Dec, 1952.

c) Fazal Ali Commission: 

In October 1953, Andhra Pradesh became first state of India to be formed on the basis of linguistics. It was formed by separating Telugu speaking area from the state of Madras.

With the formation of Andhra, other regions also started to demand formation of new states on linguistic basis. This lead to the formation of new commission under Fazal Ali, KM Panikkar and HN Kunzru.

• Formed in = Dec 1953 
• Submitted Report = Sept 1955

• States Reorganization Act, 1956 was passed based on recommendations of the committee. [7th Constitutional (Amendment) Act, 1956]

• Suggested formation of 16 states and 3 centrally administered territories. States Reorganization Act, 1956 formed 14 states and 6 Union territories on 1st Nov, 1956.

• Suggested abolition of states into 4 categories:

a) Part-A : Governor's Provinces of British India. [9 states]

b) Part-B : Princely states with legislature. [9 states]

c) Part-C : Chief commissioner's Provinces of British India and some princely states. These were centrally administered. [10 states]

d) Part-D : consisted of only Andaman & Nicobar islands 

• Accepted language as the basis for reorganization of states, but rejected theory of "One Language - One State".

• Considered Unity of India as the prime factor for redrawing the boundaries of Indian states. 

• It considered following factors for reorganization of the states :

a) Preservation and strengthening of the unity and security of India.

b) Linguistic and cultural homogeneity.

c) Financial, economic and administrative consideration.

d) Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

13) Who administers States of India and Union Territories?

a) States are administered by: State government

b) Union territories and acquired territories administered by: Central government

The latest addition in the list of Union Territories after revocation of Article-370 are:

• Jammu and Kashmir
• Laddakh

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