STATES AND UNION TERRITORIES

Introduction – Overview of States and Union Territories

The section “States and Union Territories” delineates the organizational structure of the country’s political subdivisions. It outlines the division of India into states and union territories, their governance, and the mechanisms for their establishment, alteration, and administration. India is designated as a Union of States, emphasizing its federal structure. The authority to establish new states or admit territories into the Union is vested in Parliament. Additionally, Parliament holds the power to alter state boundaries, names, or territories.

Constitutional Framework and Powers Governing States and Union Territories

Article 1: Name and Territory of the Union.

• Mentions India, that is, Bharat, as a ‘Union of States’. The territory of the state can be classified into three categories: 
  • The territories of the States.
  • The Union territories specified in the First Schedule.
  • Such other territories may be acquired.
• Territories of the states: 28 states (2020)  and 8 UTs (2020).
• Administration:
  • States: Members of the federal system, share distribution of powers with the Centre.
  • UT: Directly administered by the Central government.
  • Acquired Territories: Directly administered by the Central government.

Article 2: Admission or establishment of new states.

• Grants the Parliament two distinct powers regarding the formation of new states. These powers include: 
  • The authority to admit existing states into the Union of India (involves admitting states that already exist into the Union) and 
  • The ability to establish entirely new states ( Involves creating states that did not previously exist)
• Article 2 specifically deals with the inclusion or establishment of states that are not currently part of the Union of India.

Article 3: Formation of new states, alteration of areas, boundaries or names of existing states.

• It focuses on internal adjustments of state territories within existing states of India. Article 3 authorises the Parliament to:
  • 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 or diminish the area of any state.
  • Alter the boundaries or name of any state.
• Two Conditions laid down by Article 3:
  • Prior Sanction of President: A bill proposing such alterations can only be presented in Parliament upon the President’s prior recommendation.
  • Consultation with the State Legislature: Before recommending, the President must seek views from the state legislature within a set timeframe.
  • View Of State: The President or Parliament can disregard state legislature views and freely decide, even if received on time. 
    • There’s no need to consult the state legislature again for every amendment accepted by Parliament.
  • Parliamentary Authority in Union Territories: For union territories, Parliament can take action without consulting the respective legislature.
  • Thus, the Constitution doesn’t guarantee the territorial integrity or persistence of any state, Parliament has the authority to alter India’s political boundaries as desired.
    • Hence, India is often depicted as ‘an indestructible union of destructible states‘.

Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules 

• It states that laws concerning the admission, establishment, formation, or alteration of states under Articles 2 and 3 are not deemed constitutional amendments under Article 368
  • This means that such laws can be passed by a simple majority and by the ordinary legislative process.

Important concepts regarding States and UTs

• The phrase ‘Union of States’ has been preferred over ‘Federation of States’ for two reasons:
• Differences in Formation: The Indian Federation is not the result of an agreement among the states like the American Federation.
• No State Secession: The states have no right to secede from the federation.
• India is described as “an indestructible union of destructible states”.
• The USA is described as ‘an indestructible union of indestructible states.’ The American Federal government, cannot form new states or alter the borders of existing states without the consent of the states concerned.

• Cession of Territory: SC ruled that Parliament’s authority to reduce a state’s territory under Article 3 does not extend to ceding Indian territory to a foreign nation. 
  • The cession of Indian territory to a foreign state requires a constitutional amendment under Article 368.
  • Example: The 100th Constitutional Amendment Act (2015) dealt with the transfer of enclaves between India and Bangladesh.
• Boundary Dispute: SC in 1969 Settlement of a boundary dispute between India and another country does not require a constitutional amendment. 
  • It can be done by executive action as it does not involve the cession of Indian territory to a foreign country.
• Territory of India:
  • Wider expression than the ‘Union of India’.
  • It includes States, Union Territories and the territories that may be acquired by the Government of India at any future time.
  • Union of India: Includes only states.

Committees on State Reorganisation 

Comparison Between The States And The UT’s

Formation of States And UT’s Post 1956

• Territory of India in 1956

• States and Union Territories Created after 1956

Jammu and Kashmir Reorganization, 2019

• Special Status: Till 2019, the erstwhile State of Jammu and Kashmir had its own constitution, special status by virtue of Article 370 of the Constitution of India.
• Abolition of Special Status: In 2019, special status was abolished by a presidential order known as “The Constitution (Application to Jammu and Kashmir) Order, 2019”.
• J&K Reorganisation Act, 2019: It bifurcated the erstwhile State of Jammu and Kashmir into two separate UTs:
• UT of Jammu & Kashmir (with Legislature): Comprises all the districts of the erstwhile State of Jammu and Kashmir except Kargil and Leh districts.
• UT of Ladakh (without Legislature): Kargil and Leh districts.

Conclusion

• The provisions regarding States and Union Territories in the Indian Constitution establish the foundational framework for the country’s political organization
• These provisions form the cornerstone of India’s administrative and political framework, facilitating effective governance and ensuring the unity and integrity of the nation.
• The Supreme Court has clarified limitations on Parliament’s power concerning territorial matters, emphasizing the necessity of constitutional amendments for ceding Indian territory to foreign countries.