UNION AND ITS TERRITORY
(PART 1 OF INDIAN CONSTITUTION UNDER ARTICLE 1 - 4)
Indian Constitution is divided into 22 parts having 395 Articles and 12 Schedules.
Union and its Territory covered under Article 1-4 of Part 1 of the Indian Constitution. Further, Schedule 1 covers name of 28 States and 9 Union Territories (UTs).
Article 1
It talks about Name of Country and its Type of Polity. So Name of the Country is India i.e. Bharat and Type of Polity is Union of States.
INDIA , that is Bharat, shall be 'Union of States' and its 'Territory of India'.
Union of States - It is a type of Polity where states have no right to secede. It means States are part of India and cannot be separated as per their choice/wish i.e. Union is indestructible.
The country is divided into states just for administrative convenience otherwise India is a single unified country. Union of States also means that only the States take part in the distribution of power with the central government (and not the Union Territories). The Union Territories are not included in the Union of States but they became part of "Territory of India"
Whereas countries like United States of America, United Kingdom are having Federation i.e. Voluntary Federation System where if any state wants to leave/exit a particular country they are free to do so.
For example: Ireland which was earlier part of United Kingdom is now separate State.
Note: Union vs Federation- Union means different states are part of India and cannot be separated as per their wish whereas Federation i.e. Voluntary Federation means state can be separated as per their wishes.
Hence, India is Union of States means can't be separated. That is why Indian federation is called federation sui generis or federation of its own kind.
Territory of India- The Territory of India compose of
a)Territories of States - 28 States
b)Union Territories - 9 Union Territories
c)Territories acquired by Government of India (GoI)- It is status given to a State for small duration of time.
For example: Puducherry it was French Colony in 1954 and lease is completed and Status of UT was given on 1962 so the period between 1954-1962 is acquired status.
In fact, immediately after Independence when integration of Princely state was under process, out of 552 Princely States, 549 States willing joined but the three states Hyderabad, Junagad and Jammu & Kashmir refused to join. Even though of refusal by the state, they were integrated in the following manner:
Hyderabad - By force or police action
Junagad - By Referendum
Jammu & Kashmir - Through Instrument of Accession
Article 2
Parliament may, by law, admit new states into Union of India which were not in existence or not part of the India.
Article 3
Parliament have power to form new states from already existing states and union territories through internal readjustment i.e. they can increase/decrease the area or they can alter boundary or they can change the name by means of law. Any such change can be brought about by introducing State Re-Organisation Bill in either houses of the Parliament on the recommendation of the President.
Before recommending the bill to the Parliament, the President shall refer the bill to the respective State legislature for their views. These views are not binding on the president. However, in case Parliament Suggests amendments to the bill the President need not put it again to the State legislature for their views. The bill is then passed by both the Houses through a simple majority (more than 50% of members present and voting).
It means Parliament can unilaterally redraw the political map of the States or India. The territorial integrity of any State is not guaranteed by the Constitution that is Union government can destroy the states whereas State government cannot destroy the Union, i.e. India is an indestructible Union of destructible States.
Article 4
Article 4 regulates laws made under Article 2 (i.e. Admission or Establishment of new States) and Article 3 (i.e. Alter, Change name, Increase, Decrease) and requires to make changes to Schedule 1 (list of States and Union Territories) and 4 (Distribution of Rajya Sabha seats among the States and UT).
The above Law is not considered as Constitutional Amendments under Article 368 since both the laws (under Article 2 and Article 3) can be passed by simple majority and through ordinary legislative process.
Exceptions to Article 2 & 3:-
Supreme Court in 1960 clarified that Powers of the Parliament to diminish the area of a State under Article 3 does not cover cession of Indian Territory to a foreign Country. As such only by amending the Constitution under Article 368 Indian Territory can be ceded to a foreign State.
However, to settle a boundary dispute between India and another Country does not require a constitutional amendment and can be done by an executive action as it does not involve cession of Indian Territory to a foreign Country
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