The union and it’s territory

The union and it’s territory 

The Union and it’s Territory” primarily refers to the provisions related to the Indian Union’s territorial structure as defined in Part I of the Indian Constitution. This part outlines the nature of India’s union, its constituent states, and the mechanisms for altering the boundaries or names of the states.

Key Articles under “The Union and its Territory”:

1. Article 1: Name and Territory of the Union
   • India as a Union: India, that is Bharat, shall be a Union of States.
   • Territories of India: The territory of India includes:
     • The territories of the states,
     • The Union territories,
     • Any territory that may be acquired.
2. Article 2: Admission or Establishment of New States
   • Parliament’s Power: The Parliament of India may by law admit new states into the Union or establish new states on such terms and conditions as it thinks fit.
3. Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States
   • Parliament’s Power: The Parliament has the authority to:
     • Form a new state by separation of territory from any state or by uniting two or more states or parts of states.
     • Increase or diminish the area of any state.
     • Alter the boundaries or the name of any state.
   • Procedure: A bill for such changes can only be introduced in Parliament with the recommendation of the President, and the President must refer the bill to the legislature of the state(s) affected for their opinion.
4. Article 4: Laws Made Under Articles 2 and 3 to Provide for the Amendment of the First and Fourth Schedules and Supplemental, Incidental, and Consequential Matters
   • Parliament’s Powers: Any law made under Articles 2 and 3 shall also amend the First Schedule (which lists the states and Union territories) and the Fourth Schedule (which allocates seats in the Rajya Sabha to the states and Union territories).
   • Exemption from Article 368: Such laws are not considered amendments to the Constitution under Article 368, so they do not require a special majority.

Important Points to Remember:

• India as a Union: The Constitution of India envisages India as a “Union of States,” implying that the states have no right to secede from the Union.
• Territorial Integrity: The power to alter the boundaries or names of states lies exclusively with the Parliament, not with the individual states. This reinforces the strong central structure of Indian federalism.
• Flexibility: The Constitution provides flexibility for reorganizing the states to accommodate linguistic, ethnic, and administrative considerations, which has been utilized multiple times in Indian history (e.g., creation of states like Telangana, Jharkhand, Uttarakhand).

Also Read

• The making of the Indian Constitution
• Janmashtami: Significance, Traditions, and Celebrations
• Functionalism UPSC
• Symbolic interactionist UPSC
• Ethnomethodology UPSC