India, officially known as Bharat, is defined as a Union of States. This concept marks the indissoluble nature of the Indian federation. Unlike a federation formed by an agreement among states, state of Indias do not have the right to secede. The term “Union” reflects the integrity and unity of the nation despite its diverse states.
Articles Governing the Union and Territory
Part I of the Constitution of India includes Articles 1 to 4. These articles lay the foundation for the structure and governance of the Union, specifying its territory and the framework for creating new states and union territories.
Article 1 – Name and Territory of India
Article 1 states that India, that is Bharat, shall be a Union of States. The territories of these states are detailed in the First Schedule. The territory of India includes:
- The territories of the states.
- Union territories specified in the First Schedule.
- Any other territories that may be acquired.
Article 2 – Admission of New States
Article 2 empowers Parliament to admit new states into the Union or establish them. The terms and conditions for such admissions are determined by Parliament. This article facilitates the integration of regions into the Indian Union.
Article 3 – Formation and Alteration of States
Article 3 provides Parliament with the authority to:
- Form a new state by separating territory from an existing state.
- Unite two or more states or parts of states.
- Increase or decrease the area of any state.
- Alter the boundaries or names of existing states.
The process begins with a bill introduced in either House of Parliament, following a recommendation from the President.
Procedure for State Changes
The procedure for changing state boundaries or names involves several steps:
- Introduction of a bill in Parliament on the President’s recommendation.
- If the bill affects a state’s area or name, it must be referred to the concerned state legislature for their opinion.
- If the legislature does not respond within the specified time, Parliament may proceed without their input.
For union territories, no such legislative approval is required.
Article 4 – Amendments Related to States
Article 4 states that laws made under Articles 2 or 3 are not considered amendments to the Constitution under Article 368. This allows for simpler legislative processes to modify the First and Fourth Schedules, which list states and their Rajya Sabha representation, respectively.
Evolution of States and Union Territories
Initially, the Union of India comprised states categorized into four parts. The States Reorganization Act of 1956 changed this structure. It abolished the distinctions between Part A, B, C, and D states, reducing them to 14 states and 6 union territories.
Current Configuration of States and Union Territories
As of now, India has 28 states and 8 union territories. The First Schedule of the Constitution lists these entities and their territorial extents. The evolution of states has continued, influenced by political movements and demands for autonomy.
Special Provisions for Certain States
Some states, like Jammu and Kashmir, were granted special provisions under Article 370. However, in 2019, this article was abrogated, leading to the bifurcation of Jammu and Kashmir into two union territories – Jammu & Kashmir and Ladakh.
Recent Changes in Union Territories
Recent reorganisations have included:
- The bifurcation of Jammu and Kashmir.
- The renaming of Puducherry.
- The establishment of Ladakh as a union territory.
These changes reflect ongoing administrative and political dynamics within the country.
Distinction Between States and Union Territories
States have their own legislative assemblies and governments, with elected officials. In contrast, union territories are administered directly by the central government, often through a Lieutenant Governor. This distinction affects governance and representation.
The Role of Parliament in Territorial Changes
Parliament has the authority to alter the political landscape of India. It can create new states or union territories without the consent of the state governments, demonstrating the central government’s power in territorial matters.
Supreme Court Interpretations
The Supreme Court has clarified the extent of Parliament’s powers regarding territorial changes. In the Berubari Union case (1960), the court ruled that territory cannot be ceded to another country without a constitutional amendment. This puts stress on the importance of maintaining territorial integrity.
Territorial Integrity is Paramount
The integrity and security of India as a Union of States are paramount. Any changes to territorial boundaries must consider national sovereignty and the constitutional framework. The political and administrative divisions reflect both historical contexts and contemporary needs.
