The Union and Its Territory
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Part I: Articles 1 to 4
Article 1: Union of States
- Describes India (Bharat) as a "Union of States" rather than a "Federation of States."
- Specifies the name of the country and type of polity.
- Includes states, union territories, and territories that may be acquired by the Government of India.
First Schedule:
- Lists the names and territorial extent of states and union territories.
- Currently, there are 28 states and 8 union territories.
Territory of India vs. Union of India:
- "Territory of India" includes states, union territories, and future acquired territories.
- "Union of India" includes only states.
Article 2: Admission and Establishment of New States
- Empowers Parliament to admit new states into the Union or establish new states.
- Grants two powers:
- Admission of existing states.
- Establishment of new states that were not in existence before.
Article 3: Formation and Changes of States
- Deals with the formation or changes in existing states.
- Relates to internal readjustment of territories among constituent states.
Article 4: Amendments and Provisions
- Laws made under Articles 2 and 3 can amend the First Schedule (names of states) and Fourth Schedule (seats in Rajya Sabha).
- Allows for supplemental, incidental, and consequential provisions by Parliament.
- Such laws are not considered constitutional amendments.
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Parliament's Power to Reorganise the States
Article 3: Reorganisation Powers
- Authorises Parliament to:
- (a) Form a new state by:
- - Separation of territory from any state.
- - Uniting two or more states or parts of states.
- - 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.
- (e) Alter the name of any state.
Conditions for Reorganisation:
- Bill Introduction: Requires prior recommendation of the President.
- State Legislature Consultation: President must refer the bill to the concerned state legislature for its views within a specified period.
- The President (or Parliament) is not bound by these views and can accept or reject them.
- No need for fresh reference to the state legislature for every amendment to the bill.
Legislative Process:
- Such laws can be passed by a simple majority.
- Follows the ordinary legislative process.
Union and States:
- India: "Indestructible Union of Destructible States."
- USA: "Indestructible Union of Indestructible States.”
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Dhar Commission and JVP Committee
Background:
- Integration of Princely States: Initially an ad hoc arrangement.
- Demand for Linguistic Reorganisation: Especially from South India.
Dhar Commission (1948):
- Appointment: June 1948 by Government of India.
- Chairman: S.K. Dhar.
- Objective: Examine feasibility of linguistic reorganisation of states.
- Report Submission: December 1948.
- Recommendation: Reorganise states based on administrative convenience, not linguistic factors.
- Outcome: Created resentment among linguistic groups.
JVP Committee (1948):
- Formation: December 1948 by the Congress to re-examine the issue.
- Members: Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya.
- Popularly Known As: JVP Committee.
- Report Submission: April 1949.
- Recommendation: Formally rejected language as the basis for reorganisation of states.
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Fazl Ali Commission
Background
- Trigger: Creation of Andhra state intensified demands for linguistic states.
- Government Action: Appointed States Reorganisation Commission in December 1953.
Commission Composition
- Chairman: Fazl Ali.
- Members: K.M. Panikkar, H.N. Kunzru.
Report and Recommendations (September 1955)
- Acceptance of Language Basis: Broadly accepted language for reorganisation but rejected "one language-one state" theory.
- Primary Consideration: Unity of India.
Four Major Factors for Reorganisation
- Unity and Security: Preservation and strengthening.
- Linguistic and Cultural Homogeneity: Consideration of cultural factors.
- Economic Considerations: Financial, economic, and administrative aspects.
- Welfare Planning: Promotion of welfare for states and the nation.
Recommendations
- Abolition of Original Classification: Four-fold classification of states and territories.
- Creation of New Units: Suggested 16 states and 3 centrally administered territories.
Government Response
- Acceptance with Modifications: Implemented recommendations with minor changes.
- Legislation: States Reorganisation Act (1956) and 7th Constitutional Amendment Act (1956).
- Outcome: Abolished Part A, B, and C states.
- Merged some Part C states with adjacent states.
- Designated others as union territories.
- Result: Created 14 states and 6 union territories on November 1, 1956.
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Reorganisation of States and Union Territories
Maharashtra and Gujarat (1960)
- Division of Bombay State: Created Maharashtra and Gujarat.
- Reason: Linguistic basis (Marathi-speaking and Gujarati-speaking populations).
- Result: Gujarat became the 15th state of the Indian Union.
Dadra and Nagar Haveli
- Portuguese Rule: Till 1954, then liberated.
- Self-Administration: By locals until 1961.
- Union Territory Status: Became a UT by the 10th Constitutional Amendment Act, 1961.
- Merger: Merged with Daman and Diu to form Dadra and Nagar Haveli and Daman and Diu (2020).
- Done by: Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019.
Goa, Daman and Diu
- Acquisition: From Portuguese by police action in 1961.
- Union Territory Status: By the 12th Constitutional Amendment Act, 1962.
- Statehood for Goa: Granted in 1987; Daman and Diu remained a UT.
Puducherry
- French Establishments: Puducherry, Karaikal, Mahe, and Yanam.
- Handover to India: In 1954.
- Union Territory Status: Made a UT by the 14th Constitutional Amendment Act, 1962.
Nagaland (1963)
- Formation: Created by taking Naga Hills and Tuensang area out of Assam.
- Reason: To satisfy the movement of the hostile Nagas.
- Status: Became the 16th state of India.
Haryana, Chandigarh, and Himachal Pradesh (1966)
- Punjab Bifurcation: To create Haryana and Chandigarh.
- Shah Commission (1966):
- Punjabi-speaking areas: Formed the state of Punjab.
- Hindi-speaking areas: Formed the state of Haryana (17th state).
- Hill areas: Merged with Himachal Pradesh.
- Himachal Pradesh: Became the 18th state of India in 1971.
Manipur, Tripura, and Meghalaya (1972)
- Statehood: Granted to union territories of Manipur and Tripura, and the sub-state of Meghalaya.
- Formation of Mizoram and Arunachal Pradesh: As union territories from Assam territories.
- Status: Increased the number of states to 21 (Manipur 19th, Tripura 20th, and Meghalaya 21st).
Sikkim
- 1947: Became a 'protectorate' of India, ruled by Chogyal.
- 1974: Desired greater association with India.
- 35th Constitutional Amendment Act (1974): Made Sikkim an 'associate state' (Article 2-A, 10th Schedule).
- 1975: Referendum abolished Chogyal, making Sikkim a full-fledged state (22nd state).
- 36th Constitutional Amendment Act (1975): Added Article 371-F and repealed Article 2-A and the 10th Schedule.
Mizoram, Arunachal Pradesh, and Goa (1987)
- Mizoram: Became the 23rd state following the Mizoram Peace Accord (1986) ending insurgency.
- Arunachal Pradesh: Became the 24th state.
- Goa: Became the 25th state, separated from the union territory of Goa, Daman, and Diu.
Chhattisgarh, Uttarakhand, and Jharkhand (2000)
- Chhattisgarh: Created from Madhya Pradesh (26th state).
- Uttarakhand: Created from Uttar Pradesh (27th state).
- Jharkhand: Created from Bihar (28th state).
Telangana (2014)
- Formation: 29th state, carved out of Andhra Pradesh.
- Legislation: Andhra Pradesh Reorganisation Act (2014).
Jammu and Kashmir and Ladakh (2019)
- Special Status Abolished: Article 370 removed by the Constitution (Application to Jammu and Kashmir) Order, 2019.
- Reorganisation: Jammu and Kashmir Reorganisation Act, 2019.
- New Union Territories: Jammu and Kashmir, and Ladakh.
- Territorial Composition: Jammu and Kashmir (excluding Kargil and Leh), Ladakh (including Kargil and Leh districts).
- Current Structure: 28 states and 8 union territories.
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100th Constitutional Amendment Act (2015)
Purpose:
- Enacted to implement the India-Bangladesh land boundary agreement and its protocol.
Key Provision:
- Territory Transfer:
- India transferred 111 enclaves to Bangladesh.
- Bangladesh transferred 51 enclaves to India.
Border Adjustment:
- Transfer of adverse possessions.
- Demarcation of a 6.1 km undemarcated border stretch.
Affected States:
- Modified the territories of Assam, West Bengal, Meghalaya, and Tripura in the First Schedule of the Constitution.
Reference: Indian Polity by M Laxmikanth
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