Union and Its Territory

Union and Its Territory

• Articles 1 to 4 under Part-I of the Constitution

  • These provisions govern the structure, name, and composition of the Union of India along with its territory.

• Union of States

  • Article 1 officially defines India — Bharat — as a ‘Union of States’, not a ‘Federation of States’.
    • This statement addresses two essential aspects:
      • (i) The name of the country
      • (ii) The nature of its political structure
    • The Constituent Assembly debated extensively over whether to adopt the ancient name Bharat or the modern name India. Ultimately, it embraced both, resulting in the formulation — “India, that is, Bharat”.
    • Although the Constitution is federal in nature, the term ‘Union’ was deliberately chosen.
      • (i) Dr. B. R. Ambedkar argued that the Indian Union did not emerge from an agreement between states (unlike the American Federation).
      • (ii) States do not have a legal right to secede — the Union is indestructible and exists as an integrated whole for administrative convenience.

• Classification of the Territory of India

  • Under Article 1, India’s territory is grouped into:
    • (i) Territories of the states
    • (ii) Union territories
    • (iii) Territories that may be acquired by the Government of India in the future
  • The First Schedule of the Constitution lists the names and extents of states and union territories. Currently, there are 29 states and 7 union territories.
  • Special constitutional provisions apply to certain states — Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka — which override general rules under Part XXI.
  • Additionally, Fifth and Sixth Schedules detail the governance of scheduled areas and tribal regions within states.
  • The expression ‘Territory of India’ is broader than ‘Union of India’ — the latter includes only states, while the former also covers union territories and any future acquisitions.

• Administration and Control

  • States function as members of the federal system, sharing powers with the Centre.
  • Union territories and acquired lands, however, are administered directly by the Central Government.

• Acquisition of Territories

  • Being a sovereign nation, India can acquire foreign lands through modes recognised by international law:
    • (i) Cession — via treaty, purchase, gift, lease, or plebiscite
    • (ii) Occupation — of previously unclaimed territories
    • (iii) Conquest or subjugation
  • Since the Constitution’s commencement, India has integrated territories like Dadra and Nagar Haveli, Goa, Daman and Diu, Puducherry, and Sikkim.

• Powers of the Parliament under Articles 2 and 3

  • Article 2 grants Parliament:
    • (i) The authority to admit already existing states into the Union
    • (ii) The authority to create entirely new states
  • Article 3 concerns the internal reorganisation of territories within existing states of the Union.
  • Key difference: Article 2 deals with entities outside the Union; Article 3 manages changes within.

Parliament’s Power to Reorganise the States

• Scope of Article 3

  • Article 3 of the Constitution authorises the Parliament to reshape the map of India by altering state boundaries, names, and areas, or by forming entirely new states.
  • The specific powers granted include:
    • (i) Creating a new state by separating territory from an existing state, merging two or more states or parts thereof, or adding a territory to any state.
    • (ii) Enlarging the area of a state.
    • (iii) Reducing the area of a state.
    • (iv) Changing state boundaries.
    • (v) Renaming a state.

• Conditions for Parliamentary Action

  • A bill proposing such changes can be introduced only with the President’s prior recommendation.
  • Before granting this recommendation, the President must refer the bill to the concerned State Legislature to seek its opinion within a set timeframe.
  • The President is not bound by the State Legislature’s opinion and can accept or reject it regardless of the content or timing.
  • No fresh reference is needed if amendments to the bill are made and approved in Parliament.
  • In the case of a Union Territory, Parliament can directly act without consulting any legislature.

• Extent of Authority

  • The Constitution empowers Parliament to reorganise states without their consent, meaning the Union’s integrity is absolute while states’ existence is not constitutionally guaranteed.
  • India is described as “an indestructible union of destructible states”, in contrast to the USA, which is termed “an indestructible union of indestructible states” because its federal government cannot alter a state’s boundaries without its consent.

• Article 4 Provisions

  • Laws under Articles 2 and 3, concerning admission, establishment, or alteration of states, are not constitutional amendments under Article 368.
  • Such laws require only a simple majority and follow the ordinary legislative process.

• Key Supreme Court Decisions

  • In 1960, the Court ruled that diminishing a state’s area under Article 3 does not include ceding Indian territory to a foreign country — this requires a constitutional amendment under Article 368.
  • This decision arose when the Government decided to transfer part of Berubari Union (West Bengal) to Pakistan, leading to the enactment of the 9th Constitutional Amendment Act (1960).
  • In 1969, the Court clarified that settling a boundary dispute with another country could be done via executive action if it did not involve cession of Indian territory.

• The 100th Constitutional Amendment Act, 2015

  • Implemented the Land Boundary Agreement between India and Bangladesh, enabling the exchange of enclaves, resolution of adverse possessions, and demarcation of a 6.1 km border stretch.
  • Under this agreement:
    • (i) India transferred 111 enclaves to Bangladesh.
    • (ii) Bangladesh transferred 51 enclaves to India.
  • The amendment altered the territorial provisions of Assam, West Bengal, Meghalaya, and Tripura in the First Schedule of the Constitution.

• Historical Background of the Amendment

  • (i) India and Bangladesh share a border of approximately 4,096.7 km. The original India–East Pakistan boundary was drawn under the Radcliffe Award (1947), but disputes led to the Bagge Award (1950) and the Nehru–Noon Agreement (1958).
  • (ii) The Supreme Court ruling on Berubari Union led to the 9th Amendment Act (1960), though it was never notified for certain East Pakistan territories.
  • (iii) On 16 May 1974, India and Bangladesh signed an agreement for boundary demarcation. Since it involved territory transfer, ratification required a constitutional amendment. This was supplemented by a Protocol on 6 September 2011 addressing un-demarcated boundaries, adverse possessions, and enclave exchange, prepared with the consent of the governments of Assam, Meghalaya, Tripura, and West Bengal.

Evolution of States and Union Territories

• Integration of Princely States

  • At the time of India’s independence, the country consisted of two categories of political units:
    • (i) British provinces — directly ruled by the British Government
    • (ii) Princely states — governed by native rulers under the paramountcy of the British Crown
  • The Indian Independence Act, 1947 created two separate dominions — India and Pakistan — and granted princely states three choices:
    • (i) Join India
    • (ii) Join Pakistan
    • (iii) Remain independent
  • Of the 552 princely states within India’s territory, 549 acceded to India while Hyderabad, Junagarh, and Kashmir initially refused.
    • Hyderabad was annexed through ‘police action’
    • Junagarh merged after a public referendum
    • Kashmir joined via the Instrument of Accession
  • By 1950, the Constitution classified Indian states into four categories:
    • (i) Part A — 9 former governor’s provinces
    • (ii) Part B — 9 former princely states with legislatures
    • (iii) Part C — 10 chief commissioner’s provinces and some princely states, centrally administered
    • (iv) Part D — only Andaman and Nicobar Islands

• Dhar Commission and JVP Committee

  • The initial integration of princely states was an ad hoc arrangement, sparking demands — especially from southern India — for linguistic reorganisation of states.
  • In June 1948, the Linguistic Provinces Commission under S. K. Dhar was appointed to study the issue.
    • Submitted its report in December 1948
    • Recommended reorganisation based on administrative convenience rather than language
  • Public discontent led to the formation of the JVP Committee in December 1948, comprising Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya.
    • Reported in April 1949
    • Rejected language as the sole criterion for reorganisation
  • Despite this, in October 1953, the first linguistic state — Andhra — was formed by separating Telugu-speaking regions from Madras State, following the death of Potti Sriramulu after a 56-day hunger strike.

• Fazl Ali Commission

  • The creation of Andhra state intensified demands for linguistic reorganisation, prompting the appointment of the States Reorganisation Commission in December 1953.
    • Chairman: Fazl Ali
    • Members: K. M. Panikkar and H. N. Kunzru
  • Report submitted in September 1955:
    • Accepted language as a basis, but not the ‘one language–one state’ principle
    • Stressed unity of India as the foremost criterion
    • Proposed four guiding factors:
      • (i) Preservation of national unity and security
      • (ii) Linguistic and cultural homogeneity
      • (iii) Economic, financial, and administrative viability
      • (iv) Welfare and development of people and the nation
  • Recommended abolishing the four-fold classification of states and creating:
    • (i) 16 states
    • (ii) 3 centrally administered territories
  • The Government of India accepted the proposal with minor changes.
    • The States Reorganisation Act, 1956 and 7th Constitutional Amendment removed the Part A/B distinction and abolished Part C states
    • Result: 14 states and 6 union territories formed on 1 November 1956

• Major Territorial Changes in 1956

  • Kerala formed by merging Travancore–Cochin State with Malabar District of Madras and Kasargod from South Canara.
  • Andhra Pradesh created by merging Telugu-speaking areas of Hyderabad State with Andhra.
  • Madhya Pradesh formed by combining Madhya Bharat, Vindhya Pradesh, and Bhopal.
  • Bombay State expanded by merging Saurashtra and Kutch.
  • Mysore State incorporated Coorg.
  • Punjab State merged with Patiala and East Punjab States Union (PEPSU).
  • Rajasthan absorbed Ajmer State.
  • Union Territory of Laccadive, Minicoy and Amindivi Islands created from areas taken from Madras State.