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

Introduction

Part I of the Indian Constitution is titled The Union and its Territory. 

• It includes articles from 1- 4. 
• Part I is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. 
• This part of the constitution contains the law in the establishment, renaming, merging, or altering of the borders of the states.
• Articles under Part I were invoked when West Bengal was renamed and for the formation of relatively new states such as Jharkhand, Chhattisgarh, or Telangana.

Union of States

• Article I explains India, also known as Bharat, as a 'Union of States' rather than a 'Federation of States'. This highlights the name of the country and its political structure.
• India is referred to as a 'Union' despite having a federal Constitution. Dr. B.R. Ambedkar favored 'Union of States' over 'Federation of States' because the Indian Federation wasn't formed through a state agreement like the American Federation. Additionally, states in India cannot secede, making the federation indestructible.
• Article I categorizes the territory of India into: 
  1. States
  2. Union territories
•  The Constitution's first schedule lists the names and territorial extents of states and union territories, currently totaling 28 states and 8 union territories. 
• States in India follow general constitutional provisions, but certain states have special provisions under Part XXI that override the standard rules. The Fifth and Sixth Schedules outline arrangements for scheduled and tribal areas within states.
• India's 'Territory of India' encompasses more than the 'Union of India' by including states, union territories, and potential future acquisitions. States participate in the federal system, sharing powers with the Center, while union territories and acquired territories are directly governed by the Central government.

• Article 2 empowers Parliament to include new states into India or create them, with specific conditions.
  Article 2 gives Parliament two powers:
  (a) adding new states to India, and
  (b) forming new states.
• The first power involves adding existing states to India, while the second involves creating entirely new states. Article 2 is about adding or forming new states not already part of India.
• Article 3, however, deals with changing existing states within India. Article 3 focuses on rearranging the territories of Indian states internally.

Parliament's Power to Reorganise the States

Article 3 allows Parliament to: 

• Create a new state by separating territory from an existing state or by combining two or more states or parts of states, or by adding any territory to a part of a state.
• Expand the area of any state.
• Reduce the area of any state.
• Modify the boundaries of any state.
• Change the name of any state.
• However, Article 3 sets two conditions: 
  • A bill proposing the above changes can only be introduced in Parliament with the President's prior recommendation.
  • Before recommending the bill, the President must consult the concerned state legislature for their input within a specified timeframe.
• Additionally, Parliament's authority to create new states includes the ability to form a new state or union territory by merging a portion of one state or union territory with another.
• The President or Parliament is not obligated to follow the views of the state legislature and can accept or reject them, regardless of timing. There is no need to seek fresh input from the state legislature each time a bill amendment is proposed and adopted in Parliament.
• In the case of a union territory, there is no requirement to consult the relevant legislature for their views. Parliament can take action as it deems appropriate.
• It is evident that the Constitution allows the Parliament to create new states or change the areas, boundaries, or names of existing states without their agreement. In simple terms, the Parliament has the power to reshape India's political map as it sees fit. Therefore, the existence of any state is not guaranteed by the Constitution, making India known as 'a strong union of fragile states.'
• Unlike the United States, where states are guaranteed territorial integrity by the Constitution, in India, the Union government can dissolve states, while states cannot dissolve the Union.
• In the USA, the Constitution ensures the continued existence of a state, and the Federal Government cannot establish new states or change existing state borders without state approval. This distinction leads to the United States being described as 'a solid union of indestructible states.'
• Additionally, according to Article 4 of the Indian Constitution, laws related to forming new states or altering existing ones are not considered constitutional amendments under Article 368. Therefore, these laws can be passed with a simple majority through the regular legislative process.
• There was a legal question on whether Parliament's authority to reduce a state's territory under Article 3 includes the power to transfer Indian land to a foreign nation. The Supreme Court addressed this issue in 1960 when the President sought clarification due to a decision to transfer part of Berubari Union in West Bengal to Pakistan. The Court ruled that Parliament's power to alter state boundaries does not extend to ceding Indian territory to a foreign country. Any such transfer requires a constitutional amendment under Article 368.
• In contrast, in 1969, the Supreme Court clarified that resolving a boundary dispute with another country does not necessitate a constitutional amendment. Such disputes can be settled through executive action, as they do not involve giving away Indian territory to a foreign nation.

Exchange of Territories with Bangladesh

The 100th Constitutional Amendment Act of 2015 facilitated the exchange of territories between India and Bangladesh. This exchange involved the transfer of enclaves, adverse possessions, and the demarcation of border stretches.

Background

• India and Bangladesh share a common land boundary of about 4096.7 kilometers, established by the Radcliffe Award of 1947.
• Disputes arose regarding certain provisions of the Radcliffe Award, leading to attempts to resolve them through agreements like the Bhadra Award of 1950 and the Nehru-Noon Agreement of 1958.
• The Berubari Union division issue was contested in the Supreme Court, resulting in the passage of the Constitution (9th Amendment) Act in 1960.
• Due to ongoing legal battles and political changes, the 1960 Amendment was not implemented for territories in what is now Bangladesh.
• An Agreement signed on May 16, 1974, aimed to demarcate the land boundary between India and Bangladesh. However, this Agreement was not ratified as it involved the transfer of territory requiring a Constitutional Amendment.
• India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India.
• The agreement also included the transfer of adverse possessions and the demarcation of a 6.1 km undemarcated border stretch.
• The 100th Constitutional Amendment Act modified the provisions related to the territories of four states (Assam, West Bengal, Meghalaya, and Tripura) in the First Schedule of the Constitution.

Land Boundary Agreement

• To resolve boundary issues, a Protocol was signed on September 6, 2011, addressing the demarcation of undemarcated boundaries, territories in adverse possession, and the exchange of enclaves.

• The Protocol was developed with the involvement and agreement of the state governments of Assam, Meghalaya, Tripura, and West Bengal.

Evolution of States and Union Territories in India

At the time of India's independence, the country was made up of two main types of regions: British provinces (directly ruled by the British government) and princely states (ruled by native princes but under the overall authority of the British Crown). Let's simplify and elaborate on the evolution of states and union territories in India:

Integration of Princely States

• After independence in 1947, India was divided into two dominions: India and Pakistan.
• Princely states had the option to join either of these dominions or remain independent.
• Out of the 552 princely states in India, 549 chose to join India.
• The remaining 3 states—Hyderabad, Junagarh, and Kashmir initially refused to join India but were later integrated by different means.
• Hyderabad was integrated through police action, Junagarh through a referendum, and Kashmir through the Instrument of Accession.

Constitutional Classification in 1950

• In 1950, the Indian Constitution classified states and territories into four categories: Part A, Part B, Part C states, and Part D territories, totaling 29 in number.
• Part A states included the former governor's provinces of British India, Part B states comprised princely states with legislatures, and Part C states were centrally administered regions that included chief commissioner's provinces and some princely states.
• There were 10 Part C states in total. The Andaman and Nicobar Islands were designated as the only Part D territory.

Integration of Princely States with the Rest of India

In the early days after India gained independence, there was a significant discussion about how to organize the various regions and states within the country. This led to the formation of committees like the Dhar Commission and the JVP Committee to address these issues.

Dhar Commission's Role

• The Dhar Commission was set up in June 1948 to explore the idea of organizing states based on language.
• It recommended state reorganization based on administrative convenience rather than language, causing dissatisfaction among many.
• This dissatisfaction led to the formation of the JVP Committee in December 1948.

JVP Committee's Formation

• The JVP Committee, comprising Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya, was created to reexamine the state reorganization issue.

South Indian States Prior to States Reorganization Act

• It rejected language as the primary basis for state reorganization in its April 1949 report.

Creation of Andhra State

• Despite earlier rejections, the Government of India established the first linguistic state, Andhra State, in October 1953.
• Andhra State was formed by separating Telugu-speaking areas from the Madras state.
• This decision followed prolonged public protests and the death of Potti Sriramulu, a prominent Congress member, after a 56-day hunger strike.

Fazl Ali Commission 

• The Fazl Ali Commission was established in response to the growing demand for states based on language following the creation of the Andhra State. Appointed in December 1953, the commission, chaired by Fazl Ali, aimed to reassess the entire matter of state reorganisation. Let's delve into the key points and outcomes of the commission's report.The commission, led by Fazl Ali and comprising K.M. Panikkar and H.N. Kunzru, submitted its report in September 1955.

Territory of India in 1956

Key Recommendations of the Commission

The commission accepted language as a basis for reorganising states but rejected the concept of 'one language—one state.' It emphasized the unity of India as a primary consideration in state reorganisation.
The commission identified four major factors for state reorganisation:

1. Preservation and strengthening of the country's unity and security.
2. Linguistic and cultural homogeneity.
3. Financial, economic, and administrative considerations.
4. Planning and promotion of welfare at both state and national levels.

Proposed Changes by the Commission

• The commission recommended the abolition of the original four-fold classification of states and territories, proposing the creation of 16 states and 3 centrally administered territories.

• Following the commission's suggestions, the Government of India enacted the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956), which led to the creation of 14 states and 6 union territories on November 1, 1956.

• The distinction between Part A and Part B states was eliminated, and Part C states were done away with. Some were merged with neighboring states while others were designated as union territories. 

New States and Union Territories in India After 1956

Following the major reorganization of states in 1956, India's political map continued to evolve due to public demands and political circumstances. Several new states and union territories were created to address linguistic or cultural similarities, leading to the division of existing regions.

Maharashtra and Gujarat

• Maharashtra and Gujarat emerged as separate states from the bilingual state of Bombay in 1960. Maharashtra was formed for Marathi-speaking people, while Gujarat was established for Gujarati-speaking individuals.
• Gujarat became the 16th state of the Indian Union.

Dadra and Nagar Haveli

• Previously under Portuguese rule until liberation in 1954, Dadra and Nagar Haveli became a union territory of India in 1961 through the 10th Constitutional Amendment Act.
• In 2020, this territory merged with Daman and Diu to form the new union territory of Dadra and Nagar Haveli and Daman and Diu via the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019.

Goa, Daman, and Diu

• India acquired Goa, Daman, and Diu from Portugal in 1961, constituting them as a union territory through the 12th Constitutional Amendment Act in 1962.
• In 1987, Goa was granted statehood, leading to Daman and Diu becoming a separate union territory.
• Later in 2020, Daman and Diu merged with Dadra and Nagar Haveli to form the new union territory of Dadra and Nagar Haveli and Daman and Diu, facilitated by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019.

Puducherry

• The area of Puducherry includes territories formerly held by the French in India, comprising Puducherry, Karaikal, Mahe, and Yanam.
• France transferred control of this region to India in 1954, initially managing it as an 'acquired territory' until it became a union territory in 1962 through the 14th Constitutional Amendment Act. 

Nagaland

• In 1963, Nagaland was created by separating the Naga Hills and Tuensang area from Assam to address the demands of the Naga people.
• Prior to gaining statehood as the 16th state of India, Nagaland was under the governance of the Assam governor in 1961. 

Haryana, Chandigarh, and Himachal Pradesh

• In 1966, Punjab was divided to form Haryana as the 17th state and Chandigarh as a union territory.
• The Shah Commission's recommendation led to the linguistic division, creating Punjabi-speaking Punjab, Hindi-speaking Haryana, and merging the hilly areas with Himachal Pradesh. Himachal Pradesh later became a state in 1971. 

Manipur, Tripura, and Meghalaya

• In 1972, Manipur and Tripura transitioned from union territories to states, while Meghalaya was also granted statehood.
• Mizoram and Arunachal Pradesh were carved out of Assam's territories during this reorganization. 

Sikkim

• Till 1947, Sikkim was a princely state in India ruled by a leader called Chogyal.
• In 1947, after British control ended, Sikkim became a 'protectorate' of India. This meant that India took responsibility for Sikkim's defense, foreign affairs, and communications.
• By 1974, Sikkim wanted closer ties with India. The 35th Constitutional Amendment Act of 1974 made Sikkim an 'state' of India, creating a new type of statehood with specific terms and conditions.
• However, this arrangement didn't last long because it didn't fully meet the wishes of the people in Sikkim. In a vote in 1975, they chose to do away with the Chogyal institution and integrate Sikkim fully into India.
• Following this decision, the 36th Constitutional Amendment Act of 1975 was passed, making Sikkim the 22nd state of India. This amendment included special provisions for Sikkim's administration and removed the changes made by the 35th Amendment Act.

Mizoram, Arunachal Pradesh, and Goa

• In 1987, three new states were added to the Indian Union - Mizoram, Arunachal Pradesh, and Goa.
• This happened after a peace agreement was signed between the Central government and the Mizo National Front, ending a long-standing insurgency.

Chhattisgarh, Uttarakhand, and Jharkhand

In the year 2000, three more states were carved out of existing territories - Chhattisgarh, Uttarakhand, and Jharkhand. These states were formed from parts of Madhya Pradesh, Uttar Pradesh, and Bihar, respectively.

Telangana

• In 2014, Telangana became the 29th state of the Indian Union. It was separated from Andhra Pradesh to become an independent state.
• The Andhra State Act of 1953 marked the creation of the first linguistic state in India, Andhra Pradesh. This state was formed by separating Telugu-speaking areas from Madras state and had Kurnool as its capital.
• States Reorganisation Act (1956): This act merged Telugu-speaking areas of Hyderabad state with Andhra state, forming an enlarged Andhra Pradesh with Hyderabad as its capital.
• Andhra Pradesh Reorganisation Act (2014): In 2014, Andhra Pradesh was divided into two separate states - Andhra Pradesh (residuary) and Telangana, leading to the creation of Telangana as a distinct state.

Territory of India

Jammu & Kashmir and Ladakh

• The State of Jammu and Kashmir had special privileges under Article 370 of the Indian Constitution until 2019.
• In 2019, Article 370 was revoked through "The Constitution (Application to Jammu and Kashmir) Order, 2019," which brought the region under the complete purview of the Indian Constitution.
• The Jammu and Kashmir Reorganisation Act, 2019, divided the former state into two union territories: Jammu and Kashmir, and Ladakh.
• Jammu and Kashmir now function as a union territory, consisting of all districts except Kargil and Leh, which are part of the union territory of Ladakh.

Expansion of States and Union Territories

• The number of states in India increased from 14 in 1956 to 28 at present.
• Similarly, the count of union territories rose from 6 in 1956 to 8 currently.

Rename of States and Union Territories

• The renaming of states and union territories has also been a part of these changes over the years.
• Examples include the renaming of the United Provinces to 'Uttar Pradesh', Madras to 'Tamil Nadu', Mysore to 'Karnataka', and so on.
• Delhi was redesignated as the National Capital Territory of Delhi without being granted full statehood.
• Other renamings include Uttaranchal to 'Uttarakhand', Pondicherry to 'Puducherry', and Orissa to 'Odisha'.