- The Union of India consists of States and Union Territories according to the Constitution. - Originally, States were categorized as Part A, B, C, and D but were later placed on equal footing. - Parliament has powers to admit new States, alter State boundaries, and acquire new territories for the Union. - In the Berubari case, the Supreme Court ruled that ceding part of West Bengal to Pakistan as part of a border agreement required parliamentary approval since it involved altering State territory.

1. The Union and its Territory
• Article 1 : the Sovereign democratic Republic
of India shall be the Union of States
• Draft Committee described the Union for two
reasons : a) that the Union of India is not result
of an agreement among the units like the
American Federation and consequently,
• b) the States have no right to secede from the
federation
• The Purpose of the word ‘Union’ India to be an
integral whole, living under single imperium
derived from a single source.

2. • The Name of the Union is India (Bharat)
• The Members of the Union
at present are the States
specified in the First Schedule
• The Territory of India
• 1. State Territories
• 2. Union Territories
• 3. Territories which may
be acquired by
Government of India

4. • Before Constitution (7th Amendment) Act,
1956, Union was classified in Four main
categories :
• Part A : 10 Part A States
• Part B : 8 Part B States
• Part C : 9 Part C States
• Part D : 1 Part D States
The 7th Amendment Act abolished the
categories and placed all the States on the
same footing by States Regorganization Act
1956

5. • The Union Territories
• Centrally administered area
• Governed by the President
• Acting through an Administrator appointed by
him; unless the Parliament provides otherwise
• The President may appoint a Governor of a
State as Administrator of an adjoining Union
Territory
• Governor in that capacity exercise his
functions independently of the Councils of
Ministers

6. • Any Territory which may be acquired by India
will be included in the definition of Union
Territory
• To acquire new territory is Sovereign power;
• No need of parliamentary legislation
• The Modes of acquiring the Territory are :
Cession ; Occupation Subjugation; Acquisition
Prescription; Accretion; Conquest
• Art. 2 : Admission of new State into the Union
• Art. 3 : merging into an existing State

7. • The Accession of Indian States to the
dominion of India :
• States has their own entities
• They are a Part of Dominion of India as
Constituent States alongwith Provinces
• Art. 2 : Parliament may by law
• - admit into the Union or establish new States
• Parliament has wide discretion for the adding
or altering of boundaries of the new State by
simple majority (such act will not be deemed
to be an amendment)

8. Formation of new States and alteration of
Boundaries of Existing States
• Art. 3 : a new State may be formed or
established in the ways :
• 1. by separation of territory from any State
• 2. by uniting two or more States
• 3. by uniting any parts of States
• 4. by uniting any territory to a part of any
State
• Indian Constitution empowers Parliament to
alter the territory or names of the State
without their consent or concurrence

9. • Parliament’s power to alter, add or change
the territory of any State by simple majority :
• 1. no Bill for the formation of new State or
the alteration of the boundaries or the
names of the existing State shall be
introduced in either House of Parliament
except the recommendation of the
President
• 2. Such Bill if affects the area, boundaries or
names of the States the President is required
to refer the Bill to the Legislature of the
State

10. • Cession of Indian Territory to foreign country:
• Under Art. 3(c) Parliament may :
• By law increase or diminish the area of any
State
• Diminution – when the part of any State is
taken out and added to another State
• Parliament is empowered to cut away the
entire area of a State to form a new State or
increase the area of any state
• Does the power include to cede Indian
territory to a foreign State ?

11. • Berubari case
• Facts : the Indo-Pakistan Agreement entered into in
1958 for resolving certain border disputes
• Provided inter alia
(1) for the transfer of one-half of the area of Berubari
Union by India to Pakistan
(2) Exchange of old Cooch Bihar enclaves
Berubari Union comprised and area of 9 square miles
in the State of West Bengal with a population of
about 12000
When the Central Government sought to implement
the agreement, it was agitated strongly

12. • As a result of the Radcliffe Award dated
August 12, 1947,
• Berubari Union No. 12 fell within West Bengal
and was treated as such by the Constitution
which came into force on January 26, 195o,
and has since been governed on that basis.
• Certain disputes arose between India and
Pakistan subsequent to the Radcliffe Award
but Berubari was not in issue before the
Badge Commission set up by agreement
between the parties to decide those disputes.

13. • That commission made its award on January
26, 1950.
• Pakistan raised the question of Berubari for
the first time in 1952 alleging that under the
Radcliffe Award it should form part of East
Bengal and was wrongly included in West
Bengal.
• Besides it claim on the enclaves that was also
under the governance of India

14. • On August 28, 1949, the Ruler of the State of
Cooch-Behar entered into an agreement of
merger with the Government of India and that
Government took over the administration of
Cooch-Behar which was ultimately merged
with West Bengal on January 1, 1950, so as to
form a part of it.
• It was found that certain areas which
belonged to the State of Cooch- Behar
became enclaves in Pakistan after the
partition, and similarly certain Pakistan
enclaves fell in India.

15. • In order to remove the tension and conflict
caused thereby the Prime Ministers of India
and Pakistan entered into an agreement,
called the Indo-Pakistan Agreement on
September 10, 1958, and
• items 3 and 10 of that agreement provided for
a division of Berubari Union half and half
between India and Pakistan and for an
exchange of Cooch-Behar Enclaves in Pakistan
and Pakistan Enclaves in India

16. • Doubts having subsequently arisen regarding the
implementation of the said items,
• the President of India referred the matter to the
Supreme Court under Art. 143(1) of the
Constitution
• Held, that item NO. 3 of the Agreement leaves no
mater of doubt that the parties to it were thereby
seeking to settle the dispute apart from the
Award, amicably, and on ad hoc basis by dividing
the territory half and half.
• There is absolutely no indication in it that they
were seeking to interpret the Award and
determine the boundary on that basis.

17. • The question relating to Berubari must, therefore, be
considered on the basis that it involves cession of :
• (1) part of India’s territory to Pakistan and this applies
with greater force to the agreement relating to the
exchange of the enclaves.
• There can be no doubt that the implementation of the
Agreement would alter the boundary of West Bengal
and affect Entry 13 in the First Schedule to the
Constitution,
• since as a matter of fact Berubari was treated as a part
of West Bengal and governed as such from the date of
the Award and was thus comprised therein before the
commencement of the Constitution. Any argument to
the ’contrary cannot be accepted.

18. • It was not, therefore, correct to say that the
preamble could in any way limit the power of
Parliament to cede parts of the national
territory. Nor was it correct to say that Art.
1(3)(c) did so.
• the Constitution under Art. 368 gives the
Parliament the power to amend Art. 1(3)(c) so
as to include the power to cede national
territory as well.
• The power to acquire and cede territory is an
attribute of sovereignty
• India being a Sovereign State has power to
acquire and cede territory both under
International law and Preamble