The slides are related to the Part-i of the Indian Constitution i.e. Union and its territory. Useful for law students and Professionals

1. UNION
AND
ITS TERRITORY
-SHIVANI SHARMA, ASSISTANT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE F LAW

4. ARTICLE - 1
PART I
THE UNION AND ITS TERRITORY
1. Name and territory of the Union.-
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First
Schedule.
(3) The territory of India shall comprise-
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired

5. ARTICLE – 2
2. Admission or establishment of new States.—
Parliament may by law admit into the Union, or establish, new States on such terms
and conditions as it thinks fit.
• Magan Bhai Ishwar Bhai Patel v Union of India- The Great Rann of Kutch lies
between the mainland of Sind and the mainland of Kutch, For four months in the
year it is mostly under water, for the rest of the year it is marshy land. From the
very nature of the terrain the boundaries of the Rann are shifting. The northern
boundary of the Rann, therefore, always remained ill defined. From 1948 onwards
diplomatic notes were exchanged between the Governments of India and Pakistan
concerning the boundary between the two countries in the Gujrat-West Pakistan
Sector. The dispute led 'to great tension between the two countries resulting in
armed conflict in 1965

6. • In June 1965 the Governments of India and Pakistan concluded ,an agreement for
setting up a Tribunal "for determination and demarcation of the border"
• The award to be made by the Tribunal was, it was agreed, to operate as a self
executing arrangement; it, was not only to declare the boundary but also to provide
for fixing its location on site. By award dated February 19, 1968, the Tribunal
accepted the claim of Pakistan to three sectors and two inlets in the Rann of Kutch.
• The petitioners, who claimed infringement of the fundamental rights guaranteed
under Art. 19(1)(d)(e) and (f) of the Constitution, moved this Court under Art. 32 to
restrain the Government of India from ceding to Pakistan the territories in the Rann
of Kutch awarded by the Tribunal.

7. • They contended that the territories were part of India and had always been so from
the establishment of the two Dominions, that India had exercised effective
administrative control over them and-that giving up a claim :to those territories
involved cession of Indian territory which could only be affected by an amendment of
the First Schedule to the Constitution.
• The Union of India, on the other hand, contended that no cession of territory was
involved since the dispute concerned the settlement of boundary which was
uncertain, that the award itself was the operative treaty and after demarcation of
boundary it was only necessary to exchange letters recognising the established
border.
• Held - The Award does not purport to nor does it operate as giving rise to an
obligation to cede Indian territory and therefore no constitutional amendment is
necessary. The Award has been accepted by the Government of India and therefore it
is binding.

8. ARTICLE - 3
3. Formation of new States and alteration of areas, boundaries or names of existing
States.—
Parliament may by law—
(a) form a new State by separation of territory from any State or by uniting two or
more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State; a
(e) alter the name of any State:

9. Provided that no Bill for the purpose shall be introduced in either House of Parliament
except on the recommendation of the President and unless, where the proposal
contained in the Bill affects the area, boundaries or name of any of the States, the Bill
has been referred by the President to the Legislature of that State for expressing its
views thereon within such period as may be specified in the reference or within such
further period as the President may allow and the period so specified or allowed has
expired.
Explanation I.—In this article, in clauses (a) to (e), ―State‖ includes a Union territory,
but in the proviso, ―State does not include a Union territory.
Explanation II.—The power conferred on Parliament by clause (a) includes the power
to form a new State or Union territory by uniting a part of any State or Union territory
to any other State or Union territory