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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


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.

Understanding the Union: A Collective Identity

The Union represents the collective identity and political framework of a country. It refers to the central government that exercises authority over a defined territory and governs the entire nation. The Union plays a crucial role in maintaining national unity, upholding the rule of law, and ensuring efficient governance.

Constitutional Provisions: Defining the Territory

Constitutional provisions outline the territorial boundaries and divisions within a country. They establish the geographic extent of the Union and demarcate the states, union territories, and any other administrative units that comprise the country. These provisions may also include provisions for the creation, alteration, or reorganization of states and union territories.

States and Union Territories: Administrative Units

States and union territories are the primary administrative units within the Union. States possess their own governments and enjoy a significant degree of autonomy in matters of governance, legislation, and administration. On the other hand, union territories are directly administered by the central government, which appoints administrators to oversee their governance.

Special Provisions: Unique Cases within the Union

Constitutional law often includes special provisions for particular regions or territories within the Union. These provisions aim to address unique historical, cultural, or socio-political circumstances. Examples of such provisions include the special status of Jammu and Kashmir under Article 370 of the Indian Constitution.

Constitutional Amendments: Altering the Union and Its Territory

The Constitution allows for amendments to be made regarding the Union and its Territory. Such amendments may involve the creation of new states, the merger or division of existing states, or changes in the status of union territories. Constitutional amendments require careful deliberation, as they impact the political and administrative structure of the country.


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