Union and its Territory: Framework, Constitutional Provisions, and Dynamics of State Alterations in India

Articles 1-4: ‘The Union and its Territory’ in the Indian Constitution #

• The first part of the Indian Constitution is called “The Union and its Territory,” which includes articles 1–4. 
• This section deals with the laws related to the creation, renaming, merging, and altering of state borders within India.

Key Constitutional Provisions: Articles Pertaining to ‘Union and its Territory #

How does it Define India as a ‘Union of States’ within the Framework of ‘Union and its Territory’? #

• Article 1 describes India, also known as Bharat, as a ‘Union of States‘ instead of a ‘Federation of States‘.
• The States and territories thereof shall be as outlined in the First Schedule.
• This provision deals with two things:
  1. Name of the Country: India that is “Bharat”
  2. Type of Polity: Union of States

‘India, that is Bharat’ in Article 1 of the Constitution #

“India” and “Bharat”—these two names in Article 1 are a compromise between two divergent opinions. Some members suggested “Bharat”, while others advocated the modern name “India”. Pertaining to this, the Constituent Assembly had to adopt a mix of both i.e. “India, that is, Bharat”. 

• According to Dr B R Ambedkar, The phrase “Union of States” has been preferred to “Federation of States” for following reasons:
  1. The Indian Federation was not formed through an agreement among the states, unlike the American Federation.
  2. The states do not have the right to secede from the federation. 
• The federation is considered a union because it is indestructible.
  • The country is an integral whole and is divided into different states only for administrative convenience.
• As per Article 1, the territory of India can be divided into three categories:
  1. Territories of the states
  2. Union Territories
  3. Territories that may be acquired by the Government of India at any point of time.
• Territory of India: It is a wider expression as it includes not only the states, but also union territories and territories that may be acquired by the Government of India at any future time.
• States: The states are members of the federal system and share power distribution with the central government.
• Union Territories: These are directly administered by the Central government. 
• Acquired Territories: These are also directly administered by the Central government.
  • Being a sovereign state, India can acquire foreign territories according to the modes recognised by international law – Cession, Occupation, Conquest or Subjugation.
    • For instance,  India acquired several foreign territories such as Dadra and Nagar Haveli; Goa, Daman and Diu; Puducherry; and Sikkim since the commencement of the Constitution.
• Union of India: It is a narrower expression  as it includes only States unlike Federation which include both State and Union territories.
• Present status (as of 2023): There are 28 states and 8 Union Territories.
  • The provisions of the Constitution regarding the states apply uniformly to all states (excluding Jammu and Kashmir).
  • However, the special provisions (outlined in Part XXI) that apply to 12 states, namely Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka, take precedence over the general provisions concerning states as a collective entity.
  • Fifth and Sixth Schedules contain separate provisions with respect to the administration of Scheduled areas and Tribal areas within the states.

Article 2: Admitting or Establishing New States within the Union and its Territory #

• Article 2: Relates to the admission or establishment of new states outside the current Union of India. It grants Parliament the authority to “admit into the Union of India or establish new states under terms and conditions it deems appropriate.
• Authority: It accords two powers to the Parliament:
  1. Power to admit into the Union of India new states (already in existence)
  2. Power to establish new states (not in existence before)
• Article 2 deals with external re-adjustment of the territories of the constituent states of the Union of India.  

Article 3: Dynamics of State Alterations within the Union and its Territory #

• Article 3: Formation of new states and modification of the territories, borders, or names of existing states.
  •  Parliament may by law—
    1. Establish a new state by separating territory from an existing state, by merging two or more states or parts thereof, or by uniting any territory to a part of any State;
    2. increase the area of any State;
    3. diminish the area of any State;
    4. alter the boundaries of any State;
    5. alter the name of any State:
  • A bill concerning the formation of new states or changes in the existing ones needs the President’s recommendation for introduction in Parliament.
    
    • If the bill affects state territories, boundaries, or names, it must be sent to the respective state legislature by the President.
      
    • The state legislature provides its opinion within a period specified by the President, but Parliament isn’t obligated to follow it.
      
    • Parliament can accept or reject state legislature views, even if received within the specified time.
      
    • A fresh reference to the state legislature isn’t required for every amendment made to the bill in Parliament.
    • For Union Territory: No reference need be made  in case of Union Territory to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
  • Authority to Form New States and Union Territories: This article grants Parliament the authority to create new states or union territories by merging parts of existing states or union territories.
    
    • Therefore, Parliament has the ability to alter India’s political map as it sees fit.
      
    • Consequently, the Constitution does not ensure the territorial integrity or ongoing existence of any state.
  • Therefore, India is aptly described as ‘an indestructible union of destructible states’. The central government holds the power to dissolve states, while state governments lack the authority to dismantle the Union.
• Thus, Article 3 deals with the internal re-adjustment between the territories of the constituent states of the Union of India.
• According to the Supreme Court, The power to cede Indian territory to a foreign country doesn’t come under article 3.
  • Thus, transferring Indian territory to a foreign state can only occur through a constitutional amendment under Article 368.
  • As a result, the 9th Constitutional Amendment Act (1960) was passed to transfer the Berubari Union (west Bengal) to Pakistan.
• Supreme Court Ruling on Boundary Disputes: The Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment and same can be done by executive action as it does not involve cession of Indian territory to a foreign country and does not come under Article 3 of the constitution.

Article 4: State Alterations within the Union and its Territory in India #

Amendment made under Article 2 and Article 3 shall not be deemed to be Amendment under Article 368. #

• Any law referred to in article 2 (admission or establishment of new states)  or article 3 (formation of new states and alteration of areas, boundaries or names of existing states) 
  • It shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and 
  • It may also contain such supplemental, incidental and consequential provisions ( representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
• Such a law is not considered an amendment to the Constitution under Article 368.
  • Consequently, it can be enacted with a simple majority and through regular legislative procedure.