Overview: Union & its Territory | Indian Polity for UPSC CSE PDF Download

The Union & its Territory

India is a diverse country with 28 States and 8 Union Territories, and to govern it effectively, the Constitution established a federal system inspired by the Government of India Act, 1935. Although it was initially a highly centralised system, regional political forces have consistently sought to lessen the central government's control over the states.

Articles 1 to 4 under Part — I of the Constitution deal with the Union and its territory.

Article 1: India as a Union of States

• India, that is Bharat, shall be a Union of States.
• The States and the territories thereof shall be as specified in the First Schedule.
• The territory of India shall comprise - (a) the territories of the States; (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired

India is officially known as Bharat, described in Article 1 of the Constitution as a 'Union of States'. This means that India is a unified country made up of different States and territories. These States have joined together to form a strong, indivisible Union. Dr. B.R. Ambedkar, a key architect of the Constitution, explained that this Union is permanent, and no State has the right to break away from it. This was clarified in the Constitution to avoid any confusion or disputes later on.

What "Union of India" and "Territory of India" Mean

• Union of India: Refers to the States that are part of the federal system and share powers with the central government. Union Territories are administered directly by the Centre and do not share federal powers like states.

• Territory of India: Includes all States, Union Territories, and any other territories that India may acquire.

Article 2: 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. Under Article 2, the Constitution vests power with Parliament for the admission or establishment of new States. By using this power Parliament has admitted, for example, the French settlements of Pondicherry, Karaikal, Mahe and Yanam, the Portuguese settlements of Goa, and Daman and Sikkim, etc., into India. Article 2 relates to admission or establishment of new states that were/are not part of the India. 

On the other hand, Article 3 deals with establishment or creation of new states after reorganization of existing states which are already parts of India.

Article 3: Formation of New States and Alteration of Existing Ones

Article 3. Formation of new States and alteration of areas, boundaries or names of existing States.

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;
• Biminish the area of any State;
• Alter the boundaries of any State;
• Alter the name of any State

Procedure: When proposing changes affecting a State's boundary or name:

• The President recommends a Bill to Parliament.
• The Bill is then sent to the State Legislature for its opinion within a set time.
• If the State Legislature doesn't respond in time, its silence is considered as its opinion.
• Parliament can decide whether or not to accept the State Legislature's opinion.

Union Territories: Unlike States, Union Territories' boundaries or names can be changed without needing their Legislature's opinion.

Article 4: Laws related to Articles 2 and 3

Article 4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

• Any law referred to. in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
• No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.

Article 4 allows for consequential changes in the First Schedule (names of the States in the Union of India) and Fourth Schedule (number of seats each State is allotted in the Rajya Sabha). It also says that sys that no law altering existing States or creating a new State will be considered a constitutional amendment. It is in line with the earlier provisions of requirement of only simple majority in the Parliament and suggests the complete control of Union over territories of individual States of the Union.

Important SC Judgments : Berubari Union case (1960)

• The Supreme Court, in response to a Presidential reference, held that Parliament cannot cede Indian territory to a foreign country under Article 3. The transfer of Berubari Union to Pakistan thus required the 9th Constitutional Amendment Act, 1960.
• In a later 1969 judgment, the Court clarified that while dispute resolution with another country doesn't need a constitutional amendment, cession of territory does, and must be done through such an amendment by Parliament.

Evolution of States and Union Territories in India

Before Independence

Independent India inherited a fragmented political-administrative structure from the British. The primary task of the Constituent Assembly and the interim government was to rationalise this structure. The most pressing issue was the integration of the princely states.

At the time of independence, there were two types of political entities:

1. British Provinces – directly administered by the British government.
2. Princely States – ruled by local princes under British paramountcy.

There were around 550 princely states at independence. The Indian Independence Act of 1947 gave these states the choice to join either India or Pakistan, or to remain independent (although the Mountbatten Plan ruled out independence).

All the princely states within India's geographic boundaries signed the Instrument of Accession and joined India, with the exception of Hyderabad, Junagarh, and Jammu and Kashmir. These states were later integrated with India by different means:

• Hyderabad through police action.
• Junagarh via a referendum.
• Jammu and Kashmir signed the Instrument of Accession following an invasion by Pakistani tribal forces.

States Classification in 1950

Post-independence, the states of India were initially grouped into four categories:

1. Part A: Included the major provinces of British India such as Bihar, Bombay, the Central Provinces and Berar, Madras, Orissa, the United Provinces (later renamed Uttar Pradesh), Assam, East Punjab, and West Bengal.
2. Part B: Comprised major princely states that had joined India.
3. Part C: Consisted of smaller princely states and certain former chief commissioner’s provinces.
4. Part D: Included the Andaman and Nicobar Islands, which were considered extremely backward at the time.
   

Post-Independence: Demand for State Reorganization

• In 1920, the Indian National Congress organised its party units along linguistic lines.
• By 1930, at its Madras session, Congress passed a resolution advocating for provinces to be reorganised on the basis of language.
• In 1928, the All-Party Conference recognised Sindhi as a distinct language and did not oppose the formation of Sindh province.

However, the painful experience of Partition made the Constituent Assembly reluctant to immediately grant linguistic states.

1. Dhar Commission (June 1948)

• Following demands from various parts of the country, particularly from southern states, for linguistic reorganisation, the government constituted the Dhar Commission in June 1948, chaired by S.K. Dhar. The Commission recommended reorganising states based on administrative convenience rather than language.

2. JVP Committee (December1948)

• The Dhar Commission’s report caused widespread dissatisfaction, leading Congress to form another committee in 1949 with Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya as members—hence called the JVP Committee. In its report, the JVP Committee rejected the idea of reorganising states based solely on language.
• However, by 1953, the agitation in Andhra, especially following the death of Gandhian leader Potti Sriramalu during a hunger strike, forced the government to create the state of Andhra Pradesh by carving out the Telugu-speaking regions from Madras.

3. 3. State Reorganisation Commission (Fazal Ali Commission 1953)

• The formation of Andhra Pradesh sparked demands for linguistic state reorganisation.
• The State Reorganisation Commission (1953), led by Fazl Ali, was set up to address these demands.
• The Commission rejected the "one language–one state" idea but supported language as a key factor, prioritising national unity.
• It recommended replacing Parts A, B, C & D with just States and Union Territories.
• Suggested merging Hyderabad (Part B) with Andhra.
• Based on its report, the States Reorganisation Act, 1956 was passed.

4. States Reorganization Act (1956):

• The Act led to the merger of smaller states and abolished the old classification.
• After reorganisation, India had 14 States and 6 Union Territories.
• States:
  • Andhra Pradesh, Assam, Bihar, Bombay, Jammu & Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal.
• Union Territories:
  • Andaman & Nicobar Islands, Delhi, Himachal Pradesh, Laccadive, Minicoy & Amindivi Islands, Manipur, Tripura.

Formation of States Post-1956

1960s:

• Dadra & Nagar Haveli: Freed from Portuguese rule in 1954, it became a Union Territory in 1961 (10th Amendment).
• Puducherry: French territories joined India in 1954, becoming a Union Territory in 1962 (14th Amendment).

• Gujarat & Maharashtra (1960): Bombay state was split due to language movements—Gujarati speakers got Gujarat; Marathi speakers, Maharashtra.

• Goa, Daman & Diu: Annexed from Portugal in 1961 and made a Union Territory in 1962 (12th Amendment).

• Haryana, Chandigarh & Himachal Pradesh (1966): Punjab was split on linguistic lines—Haryana (Hindi), Punjab (Punjabi), and hilly regions merged with Himachal Pradesh.

1970s:

• Sikkim: Became an associate state in 1974 (35th Amendment) and a full state in 1975 after a referendum (36th Amendment), with Article 371F added.
• Himachal Pradesh: Gained statehood in 1971. 

1980s:

• Goa: Became a state in 1987.

2010s:

• Telangana (2014): Formed from Andhra Pradesh due to regional disparities, despite a shared language, making it the 29th state of India.

• In 2019: Dadra & Nagar Haveli and Daman & Diu were merged into one Union Territory.

Reasons Behind Statehood Demands

Demands for statehood based on region, language, ethnicity, and backwardness continue in various parts of India. Several factors contribute to these demands:

1. Colonial Legacy: The territorial arrangements made during the colonial period were primarily administrative, neglecting the country’s linguistic, regional, and ethnic diversity.
2. Historical Boundaries: India did not have a centralised political structure prior to British rule; the pre-British boundaries were often based on ethno-cultural considerations. The end of British rule allowed these old ethno-cultural identities to reassert themselves.
3. Democratic Aspirations: The introduction of democracy and universal adult franchise fostered aspirations for self-governance among various communities.
4. Emergence of New Classes: Land reforms weakened the authority of large landlords, leading to the rise of a new class with aspirations for autonomy, as seen in demands like Harit Pradesh in Uttar Pradesh.
5. Awareness of Regional Disparities: With increased democratic consciousness and education, people became more aware of regional disparities arising from historical and geographical factors, exemplified by demands such as Bundelkhand in Uttar Pradesh.

Jammu and Kashmir Reorganisation

On 31 October 2019, Jammu and Kashmir was split into two Union Territories—Jammu & Kashmir (with legislature) and Ladakh (without legislature) under the J&K Reorganisation Act, 2019. This followed the abrogation of Article 370, making the Indian Constitution fully applicable to the region.

• Reason: The move addressed Ladakh’s demand for separate status and had strategic geopolitical motivations.
• Administration: Both UTs are governed by the Lieutenant Governor under Article 239A.
• Delimitation (2020): Assembly seats in J&K increased from 107 to 114, including 24 for PoK. It also introduced reservations for STs, Kashmiri migrants, and PoK displaced persons.
• In the case of Article 370 of the Constitution (2023), the Supreme Court upheld the abrogation of Article 370 and Article 35A and held that the Parliament has the power to carve out a Union Territory from a State.

Ethnic States

The formation of ethnic states in India began in 1963 with Nagaland.

• Nagaland (1963): Formed by separating Naga Hills and Tuensang from Assam.
• Meghalaya (1970): Created as an autonomous state from the Garo, Khasi, and Jaintia Hills; gained full statehood in 1972.
• Manipur & Tripura (1972): Upgraded from Union Territories to full states.
• Mizoram & Arunachal Pradesh: Created as Union Territories from Assam; became states in 1986.
• Chhattisgarh, Jharkhand & Uttarakhand (2000): Formed from Madhya Pradesh, Bihar, and Uttar Pradesh respectively, mainly due to tribal or regional identities.