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 Reads India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.
• The States and the territories thereof shall be as specified 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 is a compromise between two divergent opinions. Some members suggested the “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 is not the result of an agreement among the states like the American Federation
  2. The states have no right to secede from the federation. 
• The federation is a Union because it is indestructible. The country is an integral whole and divided into different states only for the administrative convenience.
• According to Article 1, the territory of India can be classified 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 the members of the federal system and share a distribution of powers with the Centre. 
• 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 pertaining to the states are applicable to all the states (except Jammu and Kashmir) in the same manner
  • However, the special provisions (under Part XXI) applicable to the States (12 states) of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka override the general provisions relating to the states as a class
  • 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 that are not part of the Union of India. It empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’. 
• 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: Relates to the formation of or changes in the existing states of the Union of India. 
  •  Parliament may by law—
    1. 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;
    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:
  • Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and 
    • Unless, where the  proposal contained in the Bill affects the area, boundaries or name of any of the States 
    • The Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may the President may allow.
    • The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time.
    • It is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted 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.
  • The power conferred on Parliament by this article is  the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.
  • Hence,  the Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
  • Therefore, India is rightly described as ‘an indestructible union of destructible states’. The Union government can destroy the states whereas the state governments cannot destroy 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.
  • Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.
  • As a result, the 9th Constitutional Amendment Act (1960) was passed to transfer the Berubari Union (west Bengal) to Pakistan.
• 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 it 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.
• No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
  • This means that such laws can be passed by a simple majority and by the ordinary legislative process.

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