Union and its Territory
Part I of the Indian Constitution (Articles 1 to 4) deals with the Union and its Territory.
Core Articles Breakdown (Articles 1–4)
| Article | Heading / Scope | Constitutional Details |
| Article 1 | Name and Territory of the Union | • Describes India as “India, that is Bharat, shall be a Union of States” (rather than a ‘Federation of States’). • “Territory of India” is a broader term than “Union of India”. “Union” includes only the States, whereas “Territory” includes: (1) States, (2) Union Territories, and (3) Territories acquired by India in the future. |
| Article 2 | Admission or Establishment of New States | • Powers given to Parliament to admit or establish new states that were not previously part of India (e.g., admission of Sikkim, Goa, Pondicherry). |
| Article 3 | Formation of New States & Alteration of Areas, Boundaries, or Names | • Authorizes Parliament to internally reorganize existing states: 1. Form a new state by separating territory or uniting states. 2. Increase or diminish the area of any state. 3. Alter boundaries or names of any state. • Procedure: A bill can be introduced only with the prior recommendation of the President, and the President refers it to the concerned state legislature for its views within a specified period. However, the views of the state legislature are not binding on Parliament. |
| Article 4 | Laws under Articles 2 and 3 are NOT Constitutional Amendments | • Explicitly states that laws created under Article 2 and Article 3 to amend the 1st Schedule (territories) or 4th Schedule (Rajya Sabha seats) are passed by a simple majority through an ordinary legislative process and are NOT considered constitutional amendments under Article 368. |
Historical Evolution
- Indestructible Union of Destructible States: India’s territorial integrity is not guaranteed by the Constitution. Parliament can change state boundaries, split states, or rename them without state consent. Thus, India is described as an “Indestructible Union of destructible states”.
- Cession of Indian Territory (Berubari Union Case, 1960): The Supreme Court held that Parliament’s power to diminish state area under Article 3 does not cover ceding Indian territory to a foreign country. Transferring Indian territory requires a Constitutional Amendment under Article 368 (e.g., 9th Amendment for Berubari and 100th Amendment for the Indo-Bangladesh Enclaves exchange).
- Commissions for Linguistic Reorganization of States:
- SK Dhar Commission (1948): Recommended state reorganization based on administrative convenience rather than linguistic factors.
- JVP Committee (1948): Comprising Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya; formally rejected language as the basis for reorganization.
- First Linguistic State (1953): Andhra State was created in 1953 as the first state created on a linguistic basis following the 56-day hunger strike and death of Potti Sreeramulu.
- Fazl Ali Commission / States Reorganisation Commission (1953): Consisted of Fazl Ali (Chairman), H.N. Kunzru, and K.M. Panikkar. Recommended 16 States and 3 UTs.
- States Reorganisation Act (1956): Led to the 7th Constitutional Amendment Act (1956), creating 14 States and 6 Union Territories.
PYQs
1. Article 1 of the Constitution of India describes India as — [Miscellaneous 2018]
(A) A Union of States
(B) A Federation of States
(C) A Confederation of States
(D) A Unitary State
Answer: (A) A Union of States
2. Which of the following states was the first to be created on a linguistic basis in independent India? [Miscellaneous 2012]
(A) Gujarat
(B) Andhra Pradesh
(C) Maharashtra
(D) Tamil Nadu
Answer: (B) Andhra Pradesh
3. Which Article of the Indian Constitution empowers Parliament to alter the boundaries or change the name of an existing state? [Miscellaneous 2019]
(A) Article 1
(B) Article 2
(C) Article 3
(D) Article 4
Answer: (C) Article 3
4. The States Reorganisation Act was passed by the Indian Parliament in which year? [Miscellaneous 2008]
(A) 1950
(B) 1952
(C) 1956
(D) 1960
Answer: (C) 1956
5. Is a constitutional amendment under Article 368 required to alter state boundaries or form a new state under Article 3? [Miscellaneous 2014]
(A) Yes, with a special 2/3rd majority
(B) No, it can be passed by a simple majority as an ordinary law
(C) Yes, with ratification by half of the state legislatures
(D) No, it only requires an executive order by the President
Answer: (B) No, it can be passed by a simple majority as an ordinary law (Under Article 4)