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UNION AND ITS TERRITORY:
ü The
Union and its territory are mentioned under Part – I of the Indian
Constitution.
ü The
concerned Articles are from 1 to 4.
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ARTICLE 1:
v 1 (1): India, that
is Bharat, shall be a Union of States.
v 1 (2):
The States and UTs thereof shall be as specified in the first schedule
v 1 (3)
(a): Territories of states
v 1 (3) (b): UTs as specified
in the first schedule
v 1(3)
(c): Such other territories as may be acquired
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ü The
words ‘Union of states’ is preferred over the ‘Federation of States’ (Why?)
ü The
territory of India consists of
·
The territories of the states
·
The Union Territories
·
Any territories that may be acquired by
India
ü As
on today there are 28 states and 7 Union territories in the country.
ü The
7 Union territories
·
Delhi
·
The Andaman and Nicobar Islands
·
Lakshadweep
·
Dadra and Nagar Haveli
·
Daman and Diu
·
Pondicherry
·
Chandigarh
ü The
names of the states and the Union territories and the territories covered by
each of them have been described in the first schedule of the Constitution.
ü The
other
countries possessions can be added to India through
Constitutional amendments.
ü Through
10th
amendment of the Constitution in the year 1962 the Portuguese
enclaves (possessions) of Dadra and Nagar Haveli was constituted into a Union
territory.
ü Similarly
Goa, Daman and Diu was added as a Union territory by the 12th
Constitutional amendment in the year 1962.
ü The
Pondicherry together with Karaikal, Mahe
and Yanam were ceded to India by the French government in the year 1954.
ü In
the year 1962 through the 14th Constitutional amendment Pondicherry
together with Karaikal, Mahe and Yanam, the
French possessions was added as a Union territory.
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ARTICLE 2:
v
Parliament may by law admit new states into the union of
India or establish new states on such terms and conditions as it thinks fit.
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ü The
Article 2 of the Indian Constitution provides two powers to the Parliament.
ü The
power to admit the new states into the Union of India
And
ü The
power to establish new states.
ü In
the year 1974, the Sikkim Assembly passed the Government of Sikkim Act, 1974.
ü This
act empowered the Government of Sikkim to seek participation and representation
of the people of Sikkim in the Indian political institutions for the speedy
development of Sikkim.
ü The
resolution also meant for the representation of the people of Sikkim in the
Indian Parliamentary system.
ü In
the year 1974 the 35th Constitution amendment act was passed by the
Parliament to give effect to the resolution.
·
The main provisions of the 35th
amendment act is Sikkim will be an ‘associate state’ of India.
ü There
was a criticism regarding the 35th amendment of the Constitution,
since the original Constitution did not mention about the ‘associated state’.
ü The
Parliament passed the 36th amendment act.
ü Sikkim
has been admitted into the Union of India as a state.
ü The
36th amendment act came into effect from April 26, 1975.
ü Article
371F inserted to make some special provisions relating to the admission of
Sikkim.
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ARTICLE 3:
ü
The parliament may by law is empowered to Form a new
state
ü
3 (a): By separation of territory from ant state
OR
by uniting 2 or more states or
parts of states
OR
ü
By uniting any territory to a part of any state.
ü
3 (b): Increase the area of any state
ü
3 (c): Diminish the area of any state
ü
3 (d): Alter the boundaries of any state
ü
3 (e): Alter the name of any state
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ü The
Constitution empowered the Parliament to reorganize the boundaries of the states by
a simple
majority.
ü Article
3 lays down two
conditions in the formation of new states.
1) The
bill can be introduced in the Parliament only with the prior recommendation of the
President.
2) The
President shall before giving recommendation refer the bill to the legislature
of the state which is going to be affected by the changes proposed in the bill.
ü The
state legislature must express its view in the time specified by the President.
ü The
President is not
bound by the view of the state legislature.
ü It
is not necessary to make afresh reference to the state legislature every time an
amendment to the bill is moved and accepted in the Parliament.
ü In
case of Union territory, no reference need be made to the concerned legislature
to ascertain its views and the Parliament can itself take any action as it
deems fit.
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ARTICLE 4:
4 (1): Any law referred to Article 2 or 3 shall contain such provisions
for the amendment of the first schedule and fourth schedule as may be
necessary to give effect to the provisions of the law and may also contain
such supplemented, incidental and consequential provisions.
4 (2): No such law as aforesaid shall be deemed to be an amendment of
this Constitution for the purpose of Article 368.
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ü It
means these can be passed without resorting to any special procedure.
ü This
can be done by a simple majority of the parliament like any other piece of
ordinary legislation.
THE NAMES OF
THE STATES CAN BE CHANGED
THROUGH THE PROVISION OF ARTICLE 3
ü In
the year 1950 the states United Provinces was renamed Uttar Pradesh.
ü In
the year 1969 Madras was renamed “Tamil Nadu”. This was done through Madras
State (Alternation of name) Act, 1968 with effect from January 14, 1969.
ü In
the year 1973 Mysore was renamed ‘Karnataka’. This was done through Mysore
State (Alternation name) Act, 1973.
ü In
the year 1973 Laccadive, Minicoy and Amindivi Islands renamed ‘Lakshadweep’.
ü In
the year 1992 the Union territory of Delhi was re-designated as the ‘National
Capital Territory of Delhi’. This was done through 69th amendment
act, 1991 with effect from February 1, 1992.
MISCELLANEOUS:
ü The
name of the country was discussed in the Constituent Assembly. While “Bharat”
was the ancient name and India was the modern name. As a member of United
Nations also the name of the country was India and all the international agreements
were entered in that name. As a compromise ‘India’ that is ‘Bharat’ was
accepted.
ü No
state in India could secede from the Union.
ü The
Parliament’s power to diminish the area of any state does not cover cession of
Indian Territory to a foreign state.
ü In
the Berubari (West Bengal) case of 1960 on a presidential reference the Supreme
Court expressed the opinion that no cession of territory could be made
without a constitutional amendment. To give effect to an agreement with
Pakistan for transfer of part of the Berubari territory, the 9th
constitutional amendment took place in the year 1960.
ü In
the year 1969 the Supreme Court ruled that settlement of a boundary dispute between
India and another country does not require a constitutional amendment. It can
be done by an executive action since it does not involve cession of Indian Territory
to a foreign country.
ü India
is an indestructible Union of destructible states.
ü The
country is described as the ‘Union’ although the Constitution is federal in
structure.
ü At
the time of independence India comprised two categories of political units,
namely the British provinces and princely states.
ü The
Indian independence Act, 1947 gave 3 options to the princely states, either to
join India or Pakistan or remain independent.
ü Out
of 552 princely states 549 integrated with India by the efforts of
Sardar Vallabhbhai Patel.
ü The
Hyderabad state was integrated through Police action.
ü Junagarh
was integrated through referendum.
ü Kashmir
was integrated through Instrument of Accession.
ü The
Indian Constitution of 1950 contained 29 states.
ü The
29 states were classified into 4 parts.
ü Part A
contained 9 erstwhile governor’s provinces of British India.
ü Part B
contained 9 erstwhile princely states with legislatures.
ü Part C
contained 10 states. (Erstwhile Chief Commissioner’s provinces of British India
and some of the erstwhile princely states).
ü In
Part D the Andaman and Nicobar Islands were kept as the solitary (lonely).
ü In
January 2012, the DMK (Dravida Munnetra Kazhagam) demanded that the taluks of
Devikulam and Peermedu, now in Kerala and forming parts of catchment of Periyar
river be merged with Tamil Nadu. This demand was first made by DMK way back in
1956 and 1957.
ü The
decision for the creation of a new state “Telenagana’ has been announced by the
Congress Working Committee on July 30, 2013. At the same time the dormant
demands from various states have been surfaced.
ü Paschimanchal,
Harit Pradesh, Bundelkhand, Awadh Pradesh and Purvanchal in the state of Uttar
Pradesh.
ü Vidarbha
in Maharashtra
ü Gorkhaland
in West Bengal
ü Bodoland
and Karbi Anglong in Assam
ü On
December 4, 2013 the GoM (Group of Ministers) submitted its final
recommendations to the Cabinet.
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