Chapters :
  • UNION AND ITS TERRITORY – 01
  • DIFFERENCE BETWEEN UNION OF INDIA AND TERRITORY OF INDIA
  • INTEGRATION OF PRINCELY STATES
  • CONSTITUTIONAL PROVISIONS
  • PROCEDURE FOR INTRODUCING ANY OF THE ABOVE CHANGES
  • SUMMARY

UNION AND ITS TERRITORY – 01

 THE UNION AND ITS TERRITORY

Part I of the Indian Constitution consists of four Articles(1-4) that provide the procedure for organising the states and other territories of India.

DIFFERENCE BETWEEN UNION OF INDIA AND TERRITORY OF INDIA

UNION OF INDIATERRITORY OF INDIA

The ‘Union of India’ comprises only the states and Union Territories that share administrative, legislative and financial powers and functions with the Centre.

It does not include the Acquired Territories.

The ‘Territory of India’ comprises all the territories over which India can exercise its sovereignty.

It includes the States, Union Territories and Acquired Territories.

DIFFERENCE BETWEEN UNION OF STATES AND FEDERATION OF STATES

UNION OF STATESFEDERATION OF STATES

The ‘Union of States’ denotes that the Union is not established by agreements of Sovereign States and are integral parts of the Union with no right to secede from it.

Ex : India

The ‘Federation of States’ denotes that the Federation is established by agreements of Sovereign States and are distinct units with the right to secede from the Federation.

INTEGRATION OF PRINCELY STATES

Before the organisation of India into the present form, there were two kinds of administrative units within the territory. They are

  • The British provinces
  • The Princely States that were under the Sovereignty of the British Crown

The framers of Indian constitution classified the administrative units within the territory of independent India into four types as

  • Part A(erstwhile British presidencies under Governors),
  • Part B(former Princely states with legislatures),
  • Part C(then Chief Commissioner’s provinces and some princely states) and
  • Part D(Andaman and Nicobar islands) states.

CONSTITUTIONAL PROVISIONS

The political map of India is designed by four Articles (1-4) under Part I of the constitution.

Article 1: It provides the following three information

  • Name of the country: The country, the Bharat is named as India.
  • Nature of the country: India is defined as a ‘Union of States’.
  • Types of Indian Territories: There are three kinds of territories that fall under the sovereignty of India. They are the States, the Union Territories the Acquired Territories.

India, being a Sovereign State, can

●     Acquire territories from foreign States through purchase, lease, treaties, gift and plebiscite;

●     Occupy territories that do not have an established State;

●     Secure territories through conquest or subjugation.

Parliament’s sanction is not required for acquiring territories by the Government of India, as India is a Sovereign State.

 

 Article 2: It provides two powers to the Parliament.

  1. To admit to the Union of India, new States. That is, admitting a territory which already has an organised political system as a new State to the Union.
  2. To establish new States. That is, establishing an organised political system at a place where none existed before by merging it with an existing State of the Union.
For acquiring a foreign territory by the Government of India, Parliamentary sanction is not required. But, to integrate the acquired territory into the Union of India, Parliamentary law is required.

Article 3: It deals with the reorganisation of already existing states of the Indian Union. It authorises the Parliament to

  • Create a new State by separating a part of the territory from any state; uniting two or more States; uniting parts of territories from two or more states; uniting any territory with any state.
  • Increase the area of any state
  • Decrease the area of any state
  • Alter the boundaries and name of any state

PROCEDURE FOR INTRODUCING ANY OF THE ABOVE CHANGES:

1.   The bill has to be referred to the concerned State legislature/s by the President to understand their opinion.

2.   The President is not bound by the opinion of the concerned State legislature/s.

3.   The President then recommends the bill to the Parliament for voting.

4.   Further amendments to the bill do not require reference to the concerned State legislature/s.

ARTICLE 4: It says that amendments done under Articles 2 and 3 are not to be considered as Constitutional Amendments under Article 368.

Why are amendments under Articles 2 and 3 considered as ordinary amendments?

When India got independence from the British in 1947, there were 552 independent princely states within the territory of present-day India. Except for the three princely states, namely, Kashmir, Junagadh and Hyderabad, all 549 princely states agreed to join the Indian Union.

(The princely state of Kashmirwas amalgamated with India in October 1947 through the ‘Instrument of Accession’; Hyderabad was brought under the sovereignty of India through police action in 1949; Junagadhbecame an integral part of India through the Plebiscite conducted in 1948.

Thus, the constitutional makers perceived the possibility of changes in the political map of India after the enactment of the constitution in 1950. Hence, to make the process of admitting or establishing new states to the Indian Union trouble-free, the Constitutional makers kept the amendments under Article 2 outside the ambit of Constitutional amendments under Article 368.

Following the Independence in 1947, there were rising demands for the reorganisation of the internal political map of India on Linguistic lines. In addition to that, there were demands, especially from South India for secession from the Indian Union. These demands led to constant changes in the boundaries of Indian states and Union Territories.

In order to maintain the unity and integrity of the country, the Parliament( Image) was given the power of redrawing the state boundaries even without the convergence of opinion with that of the states. To make the process hassle-free, the amendments made under article 3 are kept outside the definition of Constitutional amendment under Article 368.

SUMMARY

Thus, the amendments under Articles 2 and 3 are ordinary amendments that can be passed with a simple majority unlike the Constitutional amendment under Article 368, which needs a special majority to be passed.

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