Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.
ARTICLE 1: NAME AND TERRITORY OF THE UNION
1. India, that is Bharat, shall be a Union of States.
2. The States and the territories thereof shall be as specified in the First Schedule.
3. The territory of India shall comprise -
- the territories of the States;
- the Union territories specified in the First Schedule; and
- Such other territories as may be acquired.
- 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 3: Formation Of New States And Alteration Of Areas, Boundaries Or names Of Existing State.
Parliament may by law -
- form a new State by separation of territory from any State or by uniting two 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:
- Declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
- The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3).
Dhar Commission and JVP Committee
There has been a demand from different regions, particularly South India, for reorganisation of states on linguistic basis.
- Accordingly, in June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S K Dhar to examine the feasibility of this.
- The commission submitted its report in December 1948 and recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor. This created much resentment and led to the appointment of another Linguistic Provinces Committee by the Congress in December 1948 itself to examine the whole question afresh. It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee.
- It submitted its report in April 1949 and formally rejected language as the basis for reorganisation of states. However, in October 1953, the Government of India was forced to createthe first linguistic state, known as Andhra state.
Fazl Ali Commission
The creation of Andhra state intensified the demand from other regions for creation of states on linguistic basis. This forced the Government of India to appoint (in December 1953) a three-member States. Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question. Its other two members were K M Panikkar and H N Kunzru. It identified four major factors that can be taken into account in any scheme of reorganisation of states:
- Preservation and strengthening of the unity and security of the country.
- Linguistic and cultural homogeneity.
- Financial, economic and administrative considerations.
- Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.