Union and its Territory Article (1-4) UPSC Polity Notes

• Part – 1 of the Constitution
• Article 1: Name and territory of the Union
• Article 2: Admission or establishment of new states.
• Article 2A: Sikkim to be associated with the Union – (Repealed)
• Article 3: Formation of new states and alteration Union of States of areas, boundaries or names of existing states.
• Article 4: Laws made under Article 2 & 3 to provide for the amendment of the 1″ and 4th Schedules and • 19 Schedule – Territory of India supplemental, incidental and consequential matters

Union of States

Article 1 described India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’

• Territory of India classified into
  • Territories of the States
  • Union Territories
  • Currently, there are 28 states and 8 union territories in India

Parliament has power to reorganize states

• Article 3 authorises the Parliament with the approval of the President to:
• Form a new state by separation of territory from any state or by uniting two states
• Increase the area of any state
• Diminish the area of any state
• Alter the boundaries of any state
• Alter the name of any state
• Political map can be redrawn by parliament
• To cede land to a foreign nation

Article 3 authorizes the parliament to carry out the above-mentioned activities with the nod of the president, President can also consider the stance of the state legislature and can accept or reject it.

India is an indestructible union of destructible states. According to the Constitution of India, no Indian state can secede from Indian Union. Only the Central government with the majority can bring about any structural change to the state.

Supreme Court Rulings

In 1969, Berubari Union Case, Supreme court ruled the union government can cede indian territory to foreign nation after amending Article 368

Indian and Bangladesh

• 100 Constitutional Amendment Act (2015).
• India transferred 111 enclaves and Bangladesh transferred 52 enclaves
• Transfer of Adverse possessions
• Demarcation of 6.1 km undemarcated border stretch
• Amendment modified provisions of 4 states (Assam, West Bengal, Meghalaya and Tripura) in 1″ Schedule
• India and Bangladesh – Common boundary 4096.7 Kms
• Radcliffe Award of 1947′
• Bagge Award of 1950
• Nehru Noon Agreement of 1958
• 16h May 1974, Agreement signed but not ratified.
• Signed protocol on 6th September 2011
• 1956

Evolution of States and Union Territories

After India got Independence in 1947, New States and Union Territories Created After the year 1956

Integration of Princely States

• Two categories of Political Units – British Provinces and Princely states
• India Independence Act of 1947
• Princely states (552) had 3 options – To join India or Pakistan or Independent
• 549 Joined India except Hyderabad, Junagarh and Kashmir
• 1950 – Four Fold classification of Indian Union (Part – A, B, C, D) -29 States

Dhar Commission and JVP Committee

• Reorganisation of States on linguistic basis
• June 1948, Govt. appointed Linguistic Provinces Commission – SK Dhar
• December 1948 – Reorganisation based on administrative convenience
• December 1948 – JVP Committee; Submitted report in April 1949
• Rejected Language as the basis for Reorganisation of states.
• October 1953 – First linguistic state (Andhra) created
• Death of Potti Sriramulu -56 day hunger strike

Fazl Ali Commission

• Other Regions demand for states on linguistic basis.
• December 1953-3 member States Reorganisation Commission appointed – Fazl Ali, K M Panikkar and H N Kunzru
• September 1955 – Submitted report; Accepted language as basis

4 major factors:

1. Prevention and strengthening of the Unity and security of the country
2. Linguistic and cultural homogeneity
3. Financial economic and administrative considerations
4. Planning and promotion of the welfare of the people

States Reorganisation Act (1956) & 7th Constitutional Amendment Act – 14 states & 6 UT

States Reorganisation Act (1956)

• Travancore, Cochin, Malabar district of Madras and Kasargode – Kerala
• Hyderabad With Andhra state – Andhra Pradesh
• Madhya Bharat, Vindhya Pradesh and Bhopal – Madhya Pradesh
• Saurashtra and Kutch – Bombay
• Coorg – Mysore
• Patiala, East Punjab States Union – Punjab
• Ajmer – Rajasthan
• New Union Territory Laccadive, Minicoy and Amindivi islands

New States and Union Territories created after 1956

• Maharashtra and Gujarat – 1960
• Dadra and Nagar Haveli – 1961
• Goa, Daman – 1962
• Diu – 1987
• Puducherry – 1962
• Nagaland Haryana, Chandigarh and Himachal Pradesh – 1966
• Manipur, Tripura and Meghalaya – 1972
• Sikhim – 1975
• Mizoram, Arunachal Pradesh and Goa – 1975
• Chhattisgarh, Uttarakhand and Jharkhand – 2000
• Telangana – 2014
• Jammu Kashmir & Ladakh – 2019

Maharashtra and Gujarat

• 1960, Bombay divided into Maharashtra for Marathi speaking people and Gujarat for Gujarati speaking people

Dadra and Nagar Haveli

• Portuguese ruled until 1954
• Till 1961, people chosen themselves and administrator
• Converted into Union Territory of India by 10th
• Constitutional Amendment Act, 1961

Goa, Daman and Diu

• Acquired from Portuguese by Police Action in 1961
• Union Territory by 12 Constitutional Amendment Act, 1962
• 1987, Goa conferred a statehood
• Daman and Diu was made separate Union Territory

Pudhucherry

• French establishment in India (Puducherry, Karaikal, Mahe and Yanam)
• French handed over to India in 1954
• Administered as an ‘acquired territory
• 1962, made a Union Territory by Constitutional Amendment Act.

Nagaland

• 1963 – Nagaland formed as 16th State
• Naga Hills and Tuensang area (Assam)
• It was under the Control of the Governor of Assam

Manipur, Tripura and Meghalaya

• 1972
• Manipur – 19th state
• Tripura – 20th state
• Meghalaya – 21st state

Sikkim

• Till 1947, Sikkim – Indian princely state ruled by King Chogyal
• Defence, external affairs and communications of Sikkim
• 35th Constitutional Amendment Act (1974) – ‘Associate State
• New Article 2A and new schedule (10th Schedule) inserted in the Constitution
• Referendum held in 1975, Sikkim became an integral part of India
• 36th Constitutional Amendment Act (1975) – 22nd state Sikkim
• Amended 1st and 4th Schedule

Haryana, Chandigarh and Himachal Pradesh

• 1966, Punjab bifurcated to create Haryana (State) and Chandigarh (Union Territory)
• Demand for a Separate Sikh homeland raised by Akali Dal head headed by Tara Singh
• 1966 – Shah Commission formed
• Punjab created for Punjabi Speaking People
• Haryana Formed for Hindi Speaking People
• 1967, Himachal Pradesh Union Territory converted into State

Telangana

• Carved out of Andhra Pradesh
• Andhra State Act 1953
• 1st Linguistic state of India – ‘Andhra’
• Capital of Andhra state at Kurnool
• State high court was at Guntur
• States Reorganisation Act of 1956 – Bifurcated Andhra Pradesh into two states, Andhra Pradesh and Telangana
• Hyderabad is the capital city of Andhra Pradesh and Telangana till 2024

Mizoram, Arunachal Pradesh and Goa

• 1987
• 23rd State – Mizoram
• 24th State – Arunachal Pradesh
• 25th state – Goa
• Central Government and Mizo National Front State. signed Mizoram Peace Accord in 1986
• Ended Two decade old insurgency

Chhattisgarh, Uttarakhand and Jharkhand

• 2000, Three new states
• Chhattisgarh (26th State) from Madhya Pradesh
• Uttarakhand (27th State) from Uttar Pradesh
• Jharkhand (28th State) from Bihar

Jammu Kashmir & Ladakh

• Oct 31, 2019
• Jammu and Kashmir divided into 2 union territories – Jammu & Kashmir and Ladakh