Page 1
Union and Territories
Page 2
Union and Territories
Introduction to Part I of the
Constitution
1
The Union and its
Territory
Part I of the Constitution, titled
"The Union and its T erritory" ,
encompasses Articles 1-4. It
establishes the legal foundation
for India's territorial composition
and the union of states.
2
Powers Defined
This section outlines laws for
establishing, renaming, merging,
or altering state borders. These
articles have been invoked in
significant territorial changes,
such as the renaming of West
Bengal and the formation of new
states like Jharkhand,
Chhattisgarh, and T elangana.
3
Constitutional Significance
Part I plays a crucial role in defining India's federal structure and the
relationship between the Union and its constituent parts.
Page 3
Union and Territories
Introduction to Part I of the
Constitution
1
The Union and its
Territory
Part I of the Constitution, titled
"The Union and its T erritory" ,
encompasses Articles 1-4. It
establishes the legal foundation
for India's territorial composition
and the union of states.
2
Powers Defined
This section outlines laws for
establishing, renaming, merging,
or altering state borders. These
articles have been invoked in
significant territorial changes,
such as the renaming of West
Bengal and the formation of new
states like Jharkhand,
Chhattisgarh, and T elangana.
3
Constitutional Significance
Part I plays a crucial role in defining India's federal structure and the
relationship between the Union and its constituent parts.
Union of States
India as a 'Union of States'
Article 1 defines India, also known as
Bharat, as a 'Union of States' rather than
a 'Federation of States' . This distinction
emphasizes the country's name and its
unique political structure.
Dr. Ambedkar's Rationale
Dr. B.R. Ambedkar favored 'Union of
States' because the Indian Federation
wasn't formed through state agreement
like the American Federation.
Additionally, states in India cannot
secede, making the federation
indestructible.
Territorial Categories
Article 1 categorizes India's territory
into states and union territories. The
First Schedule lists 28 states and 8
union territories, with some states
having special provisions under Part
XXI.
Page 4
Union and Territories
Introduction to Part I of the
Constitution
1
The Union and its
Territory
Part I of the Constitution, titled
"The Union and its T erritory" ,
encompasses Articles 1-4. It
establishes the legal foundation
for India's territorial composition
and the union of states.
2
Powers Defined
This section outlines laws for
establishing, renaming, merging,
or altering state borders. These
articles have been invoked in
significant territorial changes,
such as the renaming of West
Bengal and the formation of new
states like Jharkhand,
Chhattisgarh, and T elangana.
3
Constitutional Significance
Part I plays a crucial role in defining India's federal structure and the
relationship between the Union and its constituent parts.
Union of States
India as a 'Union of States'
Article 1 defines India, also known as
Bharat, as a 'Union of States' rather than
a 'Federation of States' . This distinction
emphasizes the country's name and its
unique political structure.
Dr. Ambedkar's Rationale
Dr. B.R. Ambedkar favored 'Union of
States' because the Indian Federation
wasn't formed through state agreement
like the American Federation.
Additionally, states in India cannot
secede, making the federation
indestructible.
Territorial Categories
Article 1 categorizes India's territory
into states and union territories. The
First Schedule lists 28 states and 8
union territories, with some states
having special provisions under Part
XXI.
Parliament's Power to
Reorganise States
1
Create New States
Parliament can create new states by separating territory from existing states,
combining states or parts of states, or adding territory to a part of a state.
2
Modify Existing States
Parliament has the power to expand or reduce the area of any state, modify state
boundaries, and change state names.
3
Conditions for Reorganisation
A bill for state reorganization requires the President's recommendation and
consultation with the concerned state legislature within a specified timeframe.
4
Parliamentary Supremacy
Parliament is not bound by the views of state legislatures and can act as it deems
appropriate, even for union territories without consultation.
Page 5
Union and Territories
Introduction to Part I of the
Constitution
1
The Union and its
Territory
Part I of the Constitution, titled
"The Union and its T erritory" ,
encompasses Articles 1-4. It
establishes the legal foundation
for India's territorial composition
and the union of states.
2
Powers Defined
This section outlines laws for
establishing, renaming, merging,
or altering state borders. These
articles have been invoked in
significant territorial changes,
such as the renaming of West
Bengal and the formation of new
states like Jharkhand,
Chhattisgarh, and T elangana.
3
Constitutional Significance
Part I plays a crucial role in defining India's federal structure and the
relationship between the Union and its constituent parts.
Union of States
India as a 'Union of States'
Article 1 defines India, also known as
Bharat, as a 'Union of States' rather than
a 'Federation of States' . This distinction
emphasizes the country's name and its
unique political structure.
Dr. Ambedkar's Rationale
Dr. B.R. Ambedkar favored 'Union of
States' because the Indian Federation
wasn't formed through state agreement
like the American Federation.
Additionally, states in India cannot
secede, making the federation
indestructible.
Territorial Categories
Article 1 categorizes India's territory
into states and union territories. The
First Schedule lists 28 states and 8
union territories, with some states
having special provisions under Part
XXI.
Parliament's Power to
Reorganise States
1
Create New States
Parliament can create new states by separating territory from existing states,
combining states or parts of states, or adding territory to a part of a state.
2
Modify Existing States
Parliament has the power to expand or reduce the area of any state, modify state
boundaries, and change state names.
3
Conditions for Reorganisation
A bill for state reorganization requires the President's recommendation and
consultation with the concerned state legislature within a specified timeframe.
4
Parliamentary Supremacy
Parliament is not bound by the views of state legislatures and can act as it deems
appropriate, even for union territories without consultation.
Exchange of Territories with
Bangladesh
1
100th Constitutional Amendment Act (2015)
Facilitated the exchange of territories between India and Bangladesh,
involving enclaves, adverse possessions, and border demarcation.
2
Historical Context
India-Bangladesh land boundary disputes arose from the Radcliffe Award
of 1947, leading to various agreements and legal challenges.
3
Territory Exchange
India transferred 111 enclaves to Bangladesh, while Bangladesh
transferred 51 enclaves to India, along with resolving adverse possessions
and undemarcated borders.
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