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1. UNION AND ITS TERRITORIES
BY AYUSHI GUPTA
FOUNDING PARTNER – A & T LEGAL
LL.B. – CLC, DU
B.COM(H) – SRCC, DU
IMPORTANCE OF 31ST OCTOBER 2019

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3. Article 1 - Name and territory of the Union
India (Bharat) is a Union of States
 Union – India is not result of the agreement
between units
 Units do not have power to secede from the
Union
 Union of States – Only States are members of
the Union of India

4. States and the territories thereof specified in the
First Schedule
• 1st Schedule came after 7th Amendment
• 29 States and 7 UTs
• However, this number will now change due to the
change in status of Jammu and Kashmir after
passing of the Jammu and Kashmir Reorganisation
Act, 2019 containing provisions to reconstitute the
state of Jammu and Kashmir into 2 union territories
of Ladakh and J & K scheduled to come into
existence on 31 October 2019.

5. Territory of India = State territories + UTs under
1st Sch + such other territories as may be acquired
• Not express power of acquisition
• Inherent right of a sovereign
• No Parliamentary legislation required for
acquisition

6. Article 2 - Admission or establishment of new
States
Admission/establishment of new states by the
Parliament
• Admit = admission of a State already in existence
a) UT to be a State
b) Foreign territory acquired
c) Territory separated from existing State
• Establish = creation of a State where none existed
• Territories forming part of existing States not
referred
• Legislative action by Parliament required

7. Article 2A- Sikkim to be associated with the
Union
• Introduced by 35th amendment
• But repealed by 36th amendment

8. Article 3 - Formation of new States and alteration of areas,
boundaries or names of existing States
Formation of new States (incl UTs) - Art 2 provides for formation of
States not a part of the Union. Art 3 provides for formation of or
changes in the existing States
• separation of territory from any State
• by uniting two or more States
• by uniting parts of States
• by uniting any territory to a part of
any State
Modes of formation
• increase the area of any State
• diminish the area of any State
• alter the boundaries of any State
• alter the name of any State
Alteration of areas,
boundaries or names
of existing States

9. Article 4 - Laws made under articles 2 and 3 to provide for
the amendment of the First and the Fourth Schedules and
supplemental, incidental and consequential matters
1. If Parliament makes laws under Art 2 or 3, it shall include
provision for amendment to the First and Fourth Schedule
 I Schedule = Number of States & UTs that are members of
the Union & territories
 IV Schedule = Number of seats each State entitled in Rajya
Sabha
2. Such laws do not amount to constitutional amendment
under Art 368
 Laws passed by Parliament by simple majority
 No special majority required as under Art 368