Articles 1 to 4 contained in Part I of the Constitution of India deals with the Union and its territory and provides a mechanism for making changes in the constitution of states or union territories of the Union of India.
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1) Name and Territory of the Union (Article 1)
(1) Name of the Union:
The Constitution
officially names the country as “India, that is Bharat,” and declares it
a Union of States.The term Union emphasizes that Indian states do
not have the right to secede from the country.
(2) States and Territories:
The States and Union Territories of India are listed in
the First Schedule of the Constitution. This list is subject to change
over time as the territory of India evolves (e.g., new states may be created or
merged).
(3) Territory of India:
India’s territory consists of:
(a) The territories of the States (the
federal entities like Maharashtra, Tamil Nadu, etc.),
(b) The Union Territories (regions directly
governed by the central government, such as Delhi, etc)
(c) Any territories that may be acquired by
India in the future.
2) Admission or Establishment of New States (Article 2)
Parliament has the
exclusive power to:
(1) Admit a new State into the Indian Union (from outside).
(2) Establish a new State on any terms it sees fit.
3) Formation of New States and Alteration of
Areas, Boundaries, or Names of Existing States (Article 3)
This article gives Parliament the power to form new States or
make changes to the existing States.
(1) Formation of New States: Parliament can create a new State by:
(a) Separating territory from an existing State.
(b) Uniting two or more States or parts of States.
(c) Uniting any territory with a part of a State.
(2)
Alteration
of Existing States: Parliament
can:
(a) Increase the area of any State.
(b) Diminish the area of any State.
(c) Alter the boundaries of any State.
(d) Alter the name of any State.
(3)
Condition:
A Bill for this purpose can be introduced only with the
President’s recommendation. If the
Bill affects a particular State, the President must refer it to that State’s
Legislature for its opinion. The Legislature must respond within the time
given. But Parliament is not bound by the State’s opinion.
4) Laws under Articles 2 and 3 (Article 4)
Any law made under Article 2 or 3 must also include:
(1) Amendments to the First Schedule (list
of States/UTs).
(2) Amendments to the Fourth Schedule
(allocation of seats in Rajya Sabha).
These changes do not count as constitutional amendments under Article
368. This means they do not require a special procedure—just a simple
majority in Parliament is enough.
5) Case Law
(1) Amar Singh Ji v. State of Rajasthan (1955)SC)
The Supreme Court has ruled that at any given point of time, the
territory of India is the area which is specified in the First Schedule under
Article 1.
(2) Re. Berubari
Union case, 1960
In this case, the supreme court held that the power of Parliament to
diminish the area of a State (under Article 3) does not cover the cession of
Indian territory to a foreign country. Indian territory can be ceded to a
foreign state only by amending the Constitution Under Article 368.
Consequently, the 9th Constitutional Amendment Act (1960) was enacted to
transfer the said territory to Pakistan. Supreme Court in 1960 ruled that
the Settlement of a boundary dispute between India and another Country does not
require a Constitutional amendment. It can be done by executive action as it
does not involve cession of Indian territory to a foreign country.
(3)
Babulal vs State of Bombay
(1960)
If the State
Legislature to which the Bill has been referred, does not express its views
within the period so specified or extended, the Bill may be introduced in the
Parliament even though the views of the State have not been obtained by the
President. If the State Legislature expresses it views within the time so
specified or extended the parliament is not bound to accept or act upon the
views of the State Legislature.
(4)
Maganbhai vs. Union of India
(1969)
An agreement to
refer the dispute to the Tribunal does not amount to cessation of territory and
hence amendment of Constitution is not necessary.
(5)
R.C. Poudyal Vs. Union of
India (1993 SC)
Even though the
admission or establishment of new State will be on such terms and conditions as
the Parliament may think fit, such conditions cannot be imposed which is
against the basic structure of the constitution.
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