- Article 1 establishes India as a union of states rather than a federation, meaning states do not have the right to secede from the union. - Article 2 gives Parliament the power to admit new states into the union or establish new states on terms it sees fit. This is how states like Goa were acquired. - Article 3 allows Parliament to reorganize states by changing boundaries, merging states, or splitting states, but requires Presidential recommendation and consultation with state legislatures. This article means the union can alter states but states cannot alter the union.

1. INDIAN POLITY AND GOVERNANCE
Lecture 4
By Vishnu Agarwal
Union and Its Territory
(Article 1 to 4)

2. Article 1 to 4
Article 1
1) India, that is Bharat, shall be a Union of States.
•Thus, although, India will have dual polity but India is not a
federation like USA where states have formed federation by
agreement.
•It also means that states have no right to secede from the
union.
2) The states and the territories thereof shall be as
specified in the First Schedule.

3. 3) The territory of India shall comprise –
a) The territories of the States;
b) The Union Territories specified in the 1st Schedule;
and
c) Such other territories as may be acquired.
•Thus, “Territory of India” is wider than “Union of
States” because ‘Union of States’ includes only
states whereas ‘Territory of India’ also includes
Union Territories and Acquired territories.
•Only State governments are given autonomy under
federal system whereas union territories and
acquired territories are directly administered by
government.

4. Article 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.”
 Article 2 deals with states that are not part of Indian Union,
whereas Article 3 deals with existing state of ‘Union of
India’.
 Under this Article, India, being a sovereign state, has power
to admit new states into India or form them as new
independent states.
 This power is given only to Parliament and not to any other
body.
 Under this Article, India acquired Dadra and Nagar Haveli,
Goa, Daman and Diu, Puducherry and Sikkim.

5. Article 3
•Parliament may by law
 form a new State by separation of territory from any
state or by uniting 2 or more states or parts of states
or by uniting any territory to a part of any state;
 increase the area of any state;
 diminish the area of any state;
 alter the boundaries of any state;
 alter the name of any state.

6. •However, such bill can be introduced in parliament only
after fulfilment of following 2 conditions (apply only in
case of state and not Union Territory):
i. President’s prior recommendation; and
ii. President (before his recommendation) has
referred the same to state legislature concerned
for expressing its views within specified period.
(only reference is required, permission of state is
not required.)
•This power is also given only to Parliament.
•Thus, Union can destroy the states whereas state
governments cannot destroy Union. Thus, India is ‘an
indestructible union of destructible states’.

7. •Supreme Court held that the power of Parliament to
diminish the area of a state u/a 3 does not cover giving
of Indian Territory to a foreign country.
•Hence, Indian territory can be ceded to a foreign state
only by amending the Constitution u/a 368.
•Thus, 100th CAA was required to exchange enclaves with
Bangladesh.
•However, SC also ruled that settlement of a boundary
dispute between India and another country does not
require a Constitutional amendment. It can be done by
executive action as it does not include cession of Indian
territory.

8. Article 4
“No law under Article 2 and 3 shall be deemed to be
an amendment of this Constitution for the purpose of
Article 368.”
•It means that laws passed by Parliament under Article
2 and 3 do not require special majority and consent of
half of the states as required for an amendment u/a
368.
•Such laws can be passed by a simple majority and by
the ordinary legislative process.
•This makes the process u/a 2 and 3 very simple.

9. State Reorganisation in India
• After integration of princely states, the biggest
issue was reorganisation of states in India.
• This issue required following considerations:
• Administrative convenience;
• Reorganisation on the basis of language;
• Cultural affinity of people;
• Ensuring unity and integrity of India; etc
• Thus, various Commission were constituted to give
recommendation on this issue.

10. • S K Dhar Commission: It preferred administrative
convenience over linguistic reorganisation of states.
• JVP Committee (JLN, Sarder Patel and Pattabhai
Sitaramayya): It also rejected language as criteria.
• Fazl Ali Commission (or State Reorganisation Commission):
It broadly accepted linguistic reorganisation of states. But, it
rejected the theory of ‘one language one state’.
It also recommended for abolition of existing 4 fold
classification (A,B,C and D) and creation of 16 states and 3 UTs.
• Shah Commission (1966): It led to formation of Punjab and
Haryana states; and Chandigarh and Himachal Pradesh
Union Territories, from the state of Punjab.

11. Formation of States
•In 1956:
•14 States: Andhra Pradesh, Assam, Bihar, Bombay, J&K,
Kerala, MP, Madras, Mysore, Orissa, Punjab, RJ, UP and
WB.
•6 Union Territories: Andaman and Nicobar Islands, Delhi,
Himachal Pradesh, Laccadive – Minicoy and Amindivi
Islands, Manipur and Tripura.
•1960: Bombay was divided into Maharashtra and Gujarat.
•1961: Dadra and Nagar Haveli was made an Union Territory.

12. •1962: Goa; Daman and Diu; and Puducherry were made
Union Territory.
•1963: Nagaland state was carved out of Assam.
•1966: Punjab was bifurcated in Punjab and Haryana and
UT of Chandigarh.
•1969: Madras was named as Tamil Nadu.
•1971: Himachal Pradesh was made a State from Union
Territory.
•1972: Manipur, Tripura and Meghalaya got statehood.
Mizoram and Arunachal were made UTs.

13. •1973: Mysore was renamed as Karnataka.
•Sikkim: In 1974, it was made ‘associate state’ of India. In
1975, it was made as separate state.
•1987: Goa, Mizoram and Arunachal were conferred
statehood.
•2000: Chhattisgarh (from MP), Uttarakhand (from UP)
and Jharkhand (from Bihar).
•2014: Telangana was carved out of Andhra Pradesh.
•2019: Jammu and Kashmir is divided into Union
Territories of Ladakh and Jammu and Kashmir.

14. Thank You