UNION & ITS TERRITORY- CONSTITUTIONAL LAW NOTES  

UNION & ITS TERRITORY 

The Constitution of India has been divided into 22 parts. 

PART I of the Indian Constitution provides provision for “THE UNION AND ITS TERRITORY”and It starts from Article 1 and ends up to Article 4.

Article 1 provides for the Name and territory of the Union, it says –

  • India, that is Bharat, shall be a Union of States.
  • The States and the territories thereof shall be as specified in the First Schedule. (Name of all state and UT).

The territory of India shall comprise-

  1. the territories of the States
  2. the Union territories specified in the First Schedule; and
  3. such other territories as may be acquired.

This Article is introductory one, it introduces us with the Indian Union and its States.

Article 2  provides for 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.

Here, Parliament can admit any other Country as one of its States on the terms and conditions so fixed.

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

It explains the following-

Parliament may by law:

(a)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:

PROCEDURE  (Mention in Article 3)

The power to form a new state lies with the Parliament.

  1. The bill to form a new state may be introduced in either house of the Parliament. But a prior permission of President is required before introduction of the bill.
  • President sends this bill to the State Legislatures whose area or boundaries would be affected by this new state to seek their views. The states have to send their views within the time stipulated by the President.
  • The Parliament/Govt. is not bound by the views or suggestions of the concerned states and may or may not include them in the bill.
  • The bill needs to be passed by a simple majority in both houses of the Parliament.
  • After it receives the President’s assent, it becomes a law and the new state is created.

Article 4 

No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

This is Article enables Parliament to make other laws, related to the alteration of boundaries, change of name etc., necessary to give effect to such changes.

concluding remarks,  part 1 provides for the structure of Indian Union and its Components. It is clear that the States have very limited powers, and most of the powers vested in Parliament when it comes to admission, alteration of boundaries, change of the name of any state etc.

State(s) has no power to abandon India once admitted in Union.

ALSO READ: PREAMBLE OF THE INDIAN CONSTITUTION

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