Consider the following statements.1. States in India have no right to...
Unlike in other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundaries or name of any state. Moreover, it requires only a simple majority and not a special majority. Hence, the Indian Federation is "an indestructible Union of destructible states". The American Federation, on the other hand, is described as “an indestructible Union of indestructible states”.
Consider the following statements.1. States in India have no right to...
Statement 1: States in India have no right to territorial integrity
Statement 2: The Parliament can by unilateral action change the area, boundaries but not the name of any state.
The correct answer is option A - only statement 1 is correct.
Explanation:
1. States in India have no right to territorial integrity:
- The territorial integrity of India is safeguarded by the Constitution of India.
- Article 3 of the Indian Constitution empowers the Parliament to change the area, boundaries, or names of states. However, this power is subject to certain limitations and procedures.
- The Parliament can alter the boundaries or areas of states, but it cannot do so arbitrarily or without following a due process.
- The procedure for altering the boundaries or areas of states is laid down in Article 3, which requires a prior recommendation from the concerned state legislature(s) and the President's approval.
- The principle of federalism, which is a basic feature of the Indian Constitution, ensures that states have a certain degree of autonomy and territorial integrity. However, this autonomy is not absolute and is subject to the powers of the Parliament.
2. The Parliament can by unilateral action change the area, boundaries but not the name of any state:
- This statement is incorrect. The Parliament has the power to change the name of a state as well, along with its area and boundaries.
- The power to change the name of a state is also vested in Article 3 of the Indian Constitution. The procedure for changing the name of a state is the same as that for altering its boundaries or areas.
- For example, in 2011, the name of the state of Orissa was changed to Odisha by an Act of Parliament.
Conclusion:
- In conclusion, statement 1 is correct as the states in India do not have an absolute right to territorial integrity.
- However, statement 2 is incorrect as the Parliament can change not only the area and boundaries but also the name of a state by following the procedure prescribed in the Constitution.