Articles 1 to 4 – Union and Its Territories under the Indian Constitution, covering formation, alteration, and integration of states. Essential for UPSC and competitive exams.
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.
