The Union and its Territory (Part – I , Article 1 – 4)

The Union and its Territory

Article – 1
Name and territory of the Union

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

• Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. This provision deals with two things:
• name of the country, and
• Type of polity.
• Note: According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons
  1. The Indian Federation is not the result of an agreement among the states like the American Federation; and
  2. The states have no right to secede from the federation
• The ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.
• A sovereign state can acquire foreign territories according to the modes recognized by international law.

Article 2
Admission or establishment of new States:

• Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’. Thus, Article 2 grants two powers to the Parliament:
  • the power to admit into the Union of India new states; and
  • the power to establish new states.

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

Article 3 empowers the Parliament to form a new State by passing a law (through ordinary legislation process) by simple majority .

Such power is in respect of creation of states out of the territories of existing state.

This features shows that the constitution is quasi federal

Article 3 authorizes the Parliament to:

• 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, and
• alter the name of any state.”

India – ‘an indestructible union of destructible states’

• the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
• the Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
• Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
• Therefore, India is rightly described as ‘an indestructible union of destructible states.’

• the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
• the Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
• Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
• Therefore, India is rightly described as ‘an indestructible union of destructible states.’

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