UNION AND ITS TERRITORY:
ü The Union and its
territory are mentioned under Part – I of the Indian Constitution.
ü The concerned Articles
are from 1 to 4.
ARTICLE 1:
v
1 (1): India, that is Bharat, shall be a Union of States.
v
1 (2):
The States and UTs thereof shall be as specified in the first schedule
v
1 (3) (a): Territories of states
v
1 (3) (b): UTs as specified in the first schedule
v
1(3)
(c): Such other territories as may be acquired
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ü The words ‘Union of
states’ is preferred over the ‘Federation of States’ (Why?)
ü The territory of India
consists of
1.
The territories of the states
2.
The Union Territories
3.
Any territories that may be acquired by India
ü As on today there are 28
states and 7 Union territories in the country.
ü The 7 Union territories
1.
Delhi
2.
The Andaman and Nicobar Islands
3.
Lakshadweep
4.
Dadra and Nagar Haveli
5.
Daman and Diu
6.
Pondicherry
7.
Chandigarh
ü The names of the states
and the Union territories and the territories covered by each of them have been
described in the first schedule of the Constitution.
ü The other countries
possessions can be added to India through Constitutional amendments.
ü Through 10th amendment of the Constitution in
the year 1962 the Portuguese enclaves (possessions) of Dadra and Nagar Haveli
was constituted into a Union territory.
ü Similarly Goa, Daman and
Diu was added as a Union territory by the 12th Constitutional amendment
in the year 1962.
ü The Pondicherry together
with Karaikal, Mahe and Yanam were ceded to India by the French
government in the year 1954.
ü In the year 1962 through
the 14th Constitutional amendment
Pondicherry together with Karaikal, Mahe and Yanam, the French
possessions was added as a Union territory.
Þ ARTICLE 2:
Þ v Parliament may by law admit new states into the union of India
or establish new states on such terms and conditions as it thinks fit.
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ü The Article 2 of the
Indian Constitution provides two powers to the Parliament.
ü The power to admit the
new states into the Union of India
ü And
ü The power to establish
new states.
ü In the year 1974, the
Sikkim Assembly passed the Government of Sikkim Act, 1974.
ü This act empowered the
Government of Sikkim to seek participation and representation of the people of
Sikkim in the Indian political institutions for the speedy development of
Sikkim.
ü The resolution also
meant for the representation of the people of Sikkim in the Indian
Parliamentary system.
ü In the year 1974 the 35th Constitution amendment
act was passed by the Parliament to give effect to the resolution.
1.
The main provisions of the 35th amendment act is Sikkim
will be an ‘associate state’ of India.
ü There was a criticism
regarding the 35th amendment of the Constitution, since the original Constitution did
not mention about the ‘associated state’.
ü The Parliament passed
the 36th amendment act.
ü Sikkim has been admitted
into the Union of India as a state.
ü The 36th amendment act came into
effect from April 26, 1975.
ü Article 371F inserted to
make some special provisions relating to the admission of Sikkim.
Þ ARTICLE 3:
ü
The parliament may by law is empowered to Form a new state
ü
3 (a): By separation of territory from ant state
§ OR
Þ by uniting 2 or more
states or parts of states
§ OR
ü
By uniting any territory to a part of any state.
ü
3 (b): Increase the area of
any state
ü
3 (c): Diminish the area of
any state
ü
3 (d): Alter the boundaries
of any state
Þ ü 3 (e): Alter the name of any state
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ü The Constitution
empowered the Parliament to reorganize the boundaries of the states by a simple majority.
ü Article 3 lays down two conditions in the formation of new
states.
Þ
The bill can be introduced in the Parliament only with the prior recommendation of the President.
Þ
The President shall before giving recommendation refer the bill to
the legislature of the state which is going to be affected by the changes
proposed in the bill.
ü The state legislature
must express its view in the time specified by the President.
ü The President is not bound by the view of the state
legislature.
ü It is not necessary to
make afresh reference to the state legislature every time an amendment to the
bill is moved and accepted in the Parliament.
ü In case of Union
territory, no reference need be made to the concerned legislature to ascertain
its views and the Parliament can itself take any action as it deems fit.
Þ ARTICLE 4:
Þ 4 (1): Any law
referred to Article 2 or 3 shall contain such provisions for the amendment of
the first schedule and fourth schedule as may be necessary to give effect to
the provisions of the law and may also contain such supplemented, incidental
and consequential provisions.
Þ 4 (2): No such law
as aforesaid shall be deemed to be an amendment of this Constitution for the
purpose of Article 368.
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ü It means these can be
passed without resorting to any special procedure.
ü This can be done by a
simple majority of the parliament like any other piece of ordinary legislation.
Þ
THE NAMES OF THE STATES CAN BE CHANGED
Þ
THROUGH THE PROVISION OF ARTICLE 3
ü In the year 1950 the
states United Provinces was renamed Uttar Pradesh.
ü In the year 1969 Madras
was renamed “Tamil Nadu”. This was done through Madras State (Alternation of
name) Act, 1968 with effect from January 14, 1969.
ü In the year 1973 Mysore
was renamed ‘Karnataka’. This was done through Mysore State (Alternation name)
Act, 1973.
ü In the year 1973
Laccadive, Minicoy and Amindivi Islands renamed ‘Lakshadweep’.
ü In the year 1992 the
Union territory of Delhi was re-designated as the ‘National Capital Territory
of Delhi’. This was done through 69th amendment act, 1991 with
effect from February 1, 1992.
Þ
MISCELLANEOUS:
ü The name of the country
was discussed in the Constituent Assembly. While “Bharat” was the ancient name
and India was the modern name. As a member of United Nations also the name of
the country was India and all the international agreements were entered in that
name. As a compromise ‘India’ that is ‘Bharat’ was accepted.
ü No state in India could
secede from the Union.
ü The Parliament’s power
to diminish the area of any state does not cover cession of Indian Territory to
a foreign state.
ü In the Berubari (West
Bengal) case of 1960 on a presidential reference the Supreme Court expressed
the opinion that no cession of territory could be made without a constitutional
amendment. To give effect to an agreement with Pakistan for transfer of part of
the Berubari territory, the 9th constitutional amendment took place in the year
1960.
ü In the year 1969 the
Supreme Court ruled that settlement of a boundary dispute between India and
another country does not require a constitutional amendment. It can be done by
an executive action since it does not involve cession of Indian Territory to a
foreign country.
ü India is an
indestructible Union of destructible states.
ü The country is described
as the ‘Union’ although the Constitution is federal in structure.
ü At the time of
independence India comprised two categories of political units, namely the
British provinces and princely states.
ü The Indian independence
Act, 1947 gave 3 options to the princely states, either to join India or
Pakistan or remain independent.
ü Out of 552 princely
states 549 integrated with India by the efforts of Sardar Vallabhbhai Patel.
ü The Hyderabad state was
integrated through Police action.
ü Junagarh was integrated
through referendum.
ü Kashmir was integrated through
Instrument of Accession.
ü The Indian Constitution
of 1950 contained 29 states.
ü The 29 states were
classified into 4 parts.
ü Part A contained 9 erstwhile
governor’s provinces of British India.
ü Part B contained 9 erstwhile
princely states with legislatures.
ü Part C contained 10 states.
(Erstwhile Chief Commissioner’s provinces of British India and some of the
erstwhile princely states).
ü In Part D the Andaman
and Nicobar Islands were kept as the solitary (lonely).
ü In January 2012, the DMK
(Dravida Munnetra Kazhagam) demanded that the taluks of Devikulam and Peermedu,
now in Kerala and forming parts of catchment of Periyar river be merged with
Tamil Nadu. This demand was first made by DMK way back in 1956 and 1957.
ü The decision for the
creation of a new state “Telenagana’ has been announced by the Congress Working
Committee on July 30, 2013. At the same time the dormant demands from various
states have been surfaced.
ü Paschimanchal, Harit
Pradesh, Bundelkhand, Awadh Pradesh and Purvanchal in the state of Uttar
Pradesh.
ü Vidarbha in Maharashtra
ü Gorkhaland in West
Bengal
ü Bodoland and Karbi
Anglong in Assam
ü On December 4, 2013 the
GoM (Group of Ministers) submitted its final recommendations to the Cabinet.
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