The concept of the Union and its Territory lies at the very foundation of India’s constitutional framework, delineating the geographical and political boundaries within which the nation operates. It serves as a crucial aspect of governance, shaping the distribution of powers between the central government and the states, as well as defining the rights and responsibilities of both entities.
The articles under Part I of the Constitution outline the provisions regarding the Union and its Territory. They stipulate that India, known as. Parliament has the authority to admit new states into the Union of India or establish new states under terms and conditions it deems appropriate.
Currently, the Union of India comprises 28 States and 8 Union Territories. The present-day structure of India was established through the integration of British Indian Territories and Princely States.
Article 1
India, also known as Bharat, shall constitute a Union composed of States. The States and their respective territories shall be outlined in the First Schedule. The territory of India shall encompass:
a) The territories of the States;
b) The Union territories listed in the First Schedule; and
c) Any additional territories acquired thereafter.
The term “Union of States,” proposed by Dr. B.R. Ambedkar, signifies two key concepts: firstly, the Indian federation is not a result of an agreement among the states; and secondly, the Union/States lack the right to secede from the Union. Hence, India is referred to as an “Indestructible Union of destructible states.”
It’s important to differentiate between the terms “Union of India” and “Territory of India.” While the Union of India comprises only the states sharing federal powers with the Centre, the Territory of India encompasses the entire territory over which India holds sovereign rights. In addition to states, this includes Union Territories and other acquired territories.
Furthermore, the government holds the authority to acquire foreign territories without requiring Parliamentary approval.
Article 2
Parliament has the authority, through legislation, to admit new States into the Union or establish new States, subject to the terms and conditions it deems appropriate.
According to Article 2 of the Constitution, Parliament is empowered to admit new States into the Union of India or establish new states under terms and conditions it deems appropriate. Article 2 grants Parliament two specific powers:
- The authority to admit new States into the Union.
- The authority to establish new states.
In 1974, India enacted the 35th Amendment Act, which introduced a new provision, Article 2A, designating Sikkim as an associate state of the Indian Union. Subsequently, in 1975, Parliament passed the 36th Amendment Act, leading to Sikkim’s incorporation as the 22nd state of the Indian Union.
Article 3
Parliament has the authority, through legislation, to enact laws for the following purposes:
a) Forming a new State by separating territory from an existing State, uniting two or more States or parts of States, or merging any territory with a part of any State.
b) Increasing the area of any State.
c) Decreasing the area of any State.
d) Altering the boundaries of any State.
e) Changing the name of any State.
However, no Bill for these purposes can be introduced in Parliament without the recommendation of the President. Additionally, if the proposal contained in the Bill affects the area, boundaries, or name of any State, the Bill must be referred by the President to the Legislature of that State for its views within a specified period.
The process of establishing a new state involves several legislative and procedural steps, which are as follows:
- Parliamentary Legislation: The creation of a new state, modification of state boundaries, or changes to existing state names requires the enactment of a law by Parliament.
- Presidential Recommendation: Bills related to the formation of new states or alterations cannot be introduced without the President’s recommendation. Prior to introducing a bill, the President refers it to the respective State Legislature for its opinion within a specified timeframe.
- Opinion of State Legislature: The opinion of the State Legislature is solicited, and if not received within the designated period, the deadline may be extended. However, Parliament is not obligated to adhere to the views expressed by the State Legislature.
Article 4
Article 4 of the Constitution deals with the enactment of laws under Articles 2 and 3, which pertain to the admission or establishment of new States and the alteration of areas, boundaries, or names of existing States. These laws may include provisions for amending the First Schedule and the Fourth Schedule to ensure the implementation of the law’s provisions.
Additionally, they may contain supplementary, incidental, and consequential provisions, including provisions related to representation in Parliament and State Legislatures. Importantly, such laws are not considered amendments to the Constitution under Article 368.
Reorganisation of states
During British rule, provinces were established based on administrative needs rather than linguistic considerations. However, after independence, demands for state reorganization based on language emerged, particularly from South India. This led to the formation of several committees and commissions to address these demands.
- The Dhar Commission was appointed by the Government of India in June 1948 to examine the feasibility of linguistic state reorganization. However, it recommended organizing states based on administrative convenience rather than language.
2. Subsequently, the JVP Committee, consisting of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya, was formed in December 1948 to investigate linguistic aspects of state reorganization. Like the Dhar Commission, it dismissed language as the basis for state reorganization.
3. In response to growing demands, the Government of India established the Fazl Ali Commission in 1953 to reevaluate the issue of state boundaries. This commission, headed by Hriday Nath Kunzru and KM Panikkar, recognized language as a crucial factor for state reorganization. It outlined four key considerations, including linguistic and cultural homogeneity, unity and security of the nation, economic and administrative factors, and welfare promotion.
The recommendations of the Fazl Ali Commission were widely accepted, leading to the enactment of the States Reorganisation Act of 1956 and the 7th Constitutional Amendment Act of 1956. These changes abolished the distinction between Part-A, Part-B, and Part-C states and resulted in the creation of 14 states and 6 Union Territories on November 1, 1956.
Additionally, linguistic movements advocating for new states gained momentum in the early 1950s. The demand for Telugu-speaking Andhra Pradesh led to its creation in 1953, with Hyderabad as its capital. However, in 2014, Telangana was carved out of Andhra Pradesh as a separate state. Andhra Pradesh thus became the first linguistic state in India. Similar movements also occurred in Mysore, Bombay, and Kerala regions, advocating for linguistic-based states.
The findings of the Shah Commission in 1966 prompted the enactment of the Punjab Reorganisation Act by Parliament. Consequently, Haryana was allocated the Hindi-speaking territories, while the hilly areas were incorporated into the Union Territory of Himachal Pradesh. Chandigarh, designated as a Union Territory, functioned as the joint capital for both Punjab and Haryana. These states share various institutions, such as universities, high courts, and essential components of the power infrastructure.
Formation of Union Territory
After the implementation of the States Reorganisation Act of 1956, Part-C and Part-D states were consolidated into a unified category known as Union Territories (UTs). This transition was facilitated by the Constitution (Seventh Amendment) Act of 1956. UTs, considered federal territories, fall under the jurisdiction of the Union Government of India. In these territories, the administrators, known as Lieutenant Governors, are appointed by the President of India.
However, Puducherry, Jammu and Kashmir, and Delhi deviate from the typical UT structure as they were granted Partial Statehood. Consequently, these regions have elected legislatures and governments.
Also read about Preamble of Indian Constitution