The Union and its territories

Part - 1 (Union and its territories)

Union and its territories 

• Part 1
• Article 1 to 4

Article 1 - India, i.e., Bharat is a Union of States (not federation of states).

Union of states means in India states do not enjoy the right to secede from the union since state can't maintain an independent identity within the union as their identity is dependent upon the wish of the union.

i.e., State is destructive, though Union is indestructive.

Country is divided into states only for administrative convenience otherwise India is one unified country.

Union Territories are not included in the expression union of states rather they come under the expression territory of India which includes all the states and the UTs and any other territory acquired by India at any time.

Article 2 - Parliament may by law admit into the union or establish a new state on such terms as it finds fit.

Article 3 - It confers the power on to the parliament to form a new state by separating the territory of an existing state or merging the territories of existing states and also to change the name, area or boundary of the state by means of law.

Any change under Article 3 can be brought about by introducing a bill in any house of the parliament but it requires the recommendation of the president before the introduction in the house. The president will give the recommendation after referring the bill to the respective state legislature for their views. However the views given by the state are not binding upon the president.

The bill is passed in both the houses by Simple Majority.

Note - Any changes brought under Article 3 does not amount to Constitutional Amendment.

Difference between Article 2 and Article 3 

• Article 2 
• Change UTs into States and vice-versa.
• Bring new states/territories
• So, it can alter the international boundary of India.
• Article 3 
• Reorganise existing states
• It includes dividing states, merging states, change name/area of existing states.
• Thus, it alters the political map of States.

Parliament thus in India can unilaterally redraw the political map of states (using Article 3) as well as India (using Article 2).

For example - Jammu & Kashmir reorganisation Act (under Article 3).

Thus it means that the territorial integrity of any state is not guaranteed by the Constitution of India.

Thus, India is an indestructible union of destructible states unlike federation of USA which is indestructible union of indestructible states.

Supreme Court held that Article 3 empowers the parliament only to reduce/alter the area of states but does not empower it to give away any territory to foreign country. For which Constitutional Amendment under Article 368 will be required.

For Example - 9th Constitutional Amendment Act 1960 which confers certain territory of India to Pakistan.

However to settle boundary disputes between India and other countries without giving any land, does not require constitutional amendment and it can be done even through executive order.

For Example - Giving land on lease, Making corridors, etc.

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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

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