Chapters :
  • UNION AND ITS TERRITORY – 02

  • DIFFERENCE BETWEEN ARTICLE 2 AND ARTICLE 3

  • STATES REORGANISATION AFTER INDEPENDENCE

  • COMMISSIONS AND COMMITTEES

  • FAZL ALI COMMISSION
  • EVOLUTION OF INDIAN STATES AND UNION TERRITORIES

  • CASE STUDIES

  • TRANSFER OF INDIAN VILLAGES TO BANGLADESH

  • ADMISSION OF SIKKIM INTO THE INDIAN UNION

  • DO YOU KNOW ?

UNION AND ITS TERRITORY – 02

DIFFERENCE BETWEEN ARTICLE 2 AND ARTICLE 3

Article 2 confers the parliament with the power to acquire foreign territories and admit or establish them as new states to the Indian Union.Article 3 confers the Parliament with the power of altering the internal organisation of already existing states of the Indian Union.

STATES REORGANISATION AFTER INDEPENDENCE

The political map of India has undergone numerous changes post-independence. Immediately upon independence, the demand for reorganising the state boundaries on linguistic lines gained momentum. The Government of India constituted the following commissions and committees to study the issue.

COMMISSIONS AND COMMITTEES

The territorial integration of princely states with erstwhile British India was not based on scientific studies. This lead to rising demands, especially from south Indian states for the reorganisation of state boundaries on linguistic lines. Following the demands, the Linguistic Provinces Commission under S.K. Dhar was constituted in 1948. The commission in its report recommended that the states shall be reorganised on the basis of administrative convenience rather on linguistic lines. Thus, DharCommission rejected the idea of Linguistic States. This created severe resentments everywhere.

Following the resentments, a committee, known as JVP Committee was constituted in 1948 itself under Jawaharlal Nehru, SardarVallabhai Patel and PattabhiSittaramiya to re-examine the issue. The committee in its report rejected the idea of having language as a basis of reorganisation and rejected the idea of Linguistic States.

In 1953, notwithstanding the recommendations of Dhar commission and JVP committee, the Government of India was forced to create the first linguistic state of India, the state of Andhra Pradesh( Show Image)following the death of PottiSriramulu( Show Image ) after a 56-day hunger strike demanding a separate state for Telugu speaking people by bifurcating the erstwhile Madras State.

FAZL ALI COMMISSION

Following the creation of Andhra Pradesh, the demand for linguistic states intensified in other regions of the country as well. Thus, the government instituted another commission known as the  States Reorganisation Commission under Fazl Ali to re-examine the issue. The Commission accepted the idea of Linguistic States but rejected the idea of ‘One Language-One State.

EVOLUTION OF INDIAN STATES AND UNION TERRITORIES

YEARSTATES AND UNION TERRITORIES
1953Andhra Pradesh was carved out of erstwhile Madras province.
1956The States Reorganisation Act created 14 states and 6 Union Territories.
1960Bombay province was divided into Maharashtra and Gujarat.
1961Dadra Nagar Haveli was made a Union Territory.
1961Goa, Daman and Diu were acquired from Portuguese and made as Union Territories.
1962Puducherry was made as a Union Territory.
1963Nagaland was made as a State.
1966Punjab was bifurcated to Haryana and Punjab. Chandigarh was made as a Union Territory.
1971The Union Territory of Himachal Pradesh was made as a State.
1972Manipur, Tripura and Meghalaya were made as States. Mizoram and Arunachal Pradesh were made as Union Territories.
1974Sikkim was admitted to the Indian Union as an associate state. It was made as a full-fledged state in 1975.
1987Mizoram, Arunachal Pradesh and Goa were made as States.
2000Chattisgarh, Jharkhand and Uttarakhand were carved out of Madhya Pradesh, Bihar and Uttar Pradesh and made as States.
2014Telanganawas carved out of Andhra Pradesh and made as a State.
2019The Government moves a resolution in Parliament to abrogate Article 370 and re-organise Jammu and Kashmir as two distinct Union Territories of Jammu & Kashmir and Ladakh.

CASE STUDIES:

CASE 1:

Creation of Meghalaya as an Autonomous State within the State of  Assam

When Meghalaya was created as an autonomous state within the full-fledged state of Assam, a Constitutional Amendment Act (22nd Constitutional Amendment Act) was passed under Article 368. This was because, Meghalaya was not carved out of Assam as a new state, rather, it was created as an ‘Autonomous State’ within Assam. Thus, a constitutional amendment enabling the Parliament to create a new category of states was made.

TRANSFER OF INDIAN VILLAGES TO BANGLADESH

The 100th Constitutional amendment act enabled the transfer of Indian villages to Bangladesh. For acquiring foreign territories, the Government of India does not require the consent of the Parliament. But, for transferring the Indian territories to foreign countries, the consent of the Parliament is required. But the Parliament is not competent enough to grant the transfer of Indian territories through an ordinary amendment, it needs a constitutional amendment under Article 368.

ADMISSION OF SIKKIM INTO THE INDIAN UNION

When India got independence in 1947, the erstwhile princely state of Sikkim, which remained a protectorate under the British Crown, chose to maintain its status with that of India. In 1950, a treaty was signed between India and Sikkim, which made Sikkim, an Indian protectorate. In 1975, following a referendum, Sikkim was initially admitted to the Indian Union as a special category state called ‘ Associate State’. To enable the creation of this special category by the Parliament, the 35th Constitutional Amendment Act was passed under Article 368. The 35th Constitutional Amendment Act was passed not to admit the acquired territory, Sikkim to the Indian Union, but to create a special category of state called Associate state. Then by the 36th Constitutional Amendment Act, the special category was repealed and Sikkim was integrated with the Indian Union as a full-fledged state.

Exceptions:

●     The Parliament’s power to decrease the area of any state does not grant it, the power of cession of Indian territory to a foreign State and this needs Constitutional Amendment under Article 368.

●     The settlement of boundary disputes between India and neighbouring countries do not need Constitutional Amendments. This can be done through a simple executive action.

DO YOU KNOW ?

For every amendment done under Articles 2 and 3, respective amendments have to be done in Schedules 1 and 4.

Schedule 1: Lists the Indian States and other Indian territories.

Schedule 4: Deals with the allocation of seats in the RajyaSabha to states and Union  Territories.

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