Union and Its Territory
The Constitution of India provides a federal structure with a strong unitary bias. The Union and its Territory are discussed under Part I (Articles 1 to 4) of the Constitution. These articles lay down the foundation of India’s political geography and empower the Parliament to make changes in the territory of the country.
Article 1: Name and Territory of the Union
“India, that is, Bharat, shall be a Union of States.”
This article declares:
- Name of the country: India (modern) and Bharat (traditional).
- Type of polity: Union of States—not a federation.
Why “Union” and not “Federation”?
Dr. B.R. Ambedkar clarified that India is described as a “Union” rather than a “Federation” for two main reasons:
- Indian Federation is not the result of an agreement among the states (unlike the US).
- States have no right to secede from the Union.
Hence, the Indian federation is considered indestructible, where the Union holds primacy.
Components of the Territory of India
According to Article 1, the territory of India includes:
- States: Currently 28.
- Union Territories: Currently 8.
- Acquired Territories: Territories that may be acquired in future (e.g., Sikkim, Goa).
The provisions of the Constitution pertaining to the states are applicable to all the states in the same manner. However, special provisions (under Part XXI) are applicable to specific states like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. These provisions override the general provisions relating to states as a class.
Further, the Fifth and Sixth Schedules contain separate provisions for the administration of Scheduled Areas and Tribal Areas within certain states to safeguard the rights and autonomy of tribal communities.
Note:
- “Territory of India” ≠ “Union of India”.
- ‘Territory of India’ is a wider expression than the ‘Union of India’:
- Union of India includes only states.
- Territory of India includes states + UTs + acquired territories.
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.”
This article grants two distinct powers:
- Admission of existing states: Refers to states that are already in existence as independent political units (e.g., Sikkim, Puducherry before integration).
- Establishment of new states: Refers to creating entirely new states not previously in existence (e.g., any new territory acquired in the future).
Important Clarification:
- Article 2 deals with external additions—i.e., territories that are not part of the Union of India.
- Article 3, on the other hand, deals with internal adjustments—reorganisation of existing states within the Union.
Modes of Acquiring Territory under International Law
Being a sovereign state, India can acquire foreign territories through various methods recognised in international law:
- Cession: Through treaty, purchase, gift, lease, or plebiscite.
- Occupation: Of territories previously unoccupied or unclaimed.
- Conquest or subjugation
Examples of Acquired Territories since independence:
- Dadra and Nagar Haveli
- Goa, Daman, and Diu
- Puducherry
- Sikkim (became a full-fledged state in 1975 through plebiscite)
The inclusion of such territories falls under Article 1(3)(c) and Article 2, and their formal integration into the Indian Union is completed via Parliamentary law.
Parliament’s Power to Reorganise the States (Articles 3 & 4)
Article 3 authorises 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.
Conditions under Article 3:
- Article 3 imposes two procedural conditions:
- A bill proposing any of the above changes can be introduced in Parliament only with the prior recommendation of the President.
- Before recommending the bill, the President must refer it to the concerned state legislature for its views within a specified time.
- However, the President (or Parliament) is not bound by the views of the state legislature, even if received on time.
- If amendments are made to the bill later in Parliament, no fresh reference to the state legislature is required.
- In the case of a Union Territory, no reference is needed at all — Parliament can act directly.
Implication: Parliamentary Supremacy Over States
- This means the Parliament can redraw India’s political map without the consent of states. Thus:
- India is an “indestructible Union of destructible States.”
- In contrast, the USA is an “indestructible Union of indestructible States.”
Article 4: No Constitutional Amendment Required
According to Article 4, laws made under Article 2 (admission/establishment of new states) and Article 3 (reorganisation of states):
- Do not count as Constitutional Amendments under article 368
- Can be passed by a simple majority, following the ordinary legislative process, not Article 368
Ceding Indian Territory: A Constitutional Question
A major constitutional query arose in 1960:
- Can Parliament diminish a state’s area under Article 3 to cede Indian territory to a foreign country?
- This was referred to the Supreme Court following the Berubari Union Agreement, where India proposed transferring territory in West Bengal to Pakistan.
Supreme Court’s Verdict:
- Parliament cannot cede Indian territory to a foreign country under Article 3.The power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country.
- Such cession requires a constitutional amendment under Article 368.
Result: 9th Constitutional Amendment Act, 1960 was enacted to transfer Berubari Union to Pakistan.
Evolution of States and Union Territories
Integration of Princely States
- At the time of independence in 1947, India consisted of two categories of political units:
- British Provinces: Directly governed by the British.
- Princely States: Ruled by native princes under the suzerainty of the British Crown.
- The Indian Independence Act of 1947 gave the princely states three choices:
- Join India
- Join Pakistan
- Remain independent
- Out of 552 princely states, 549 acceded to India soon after independence. The remaining three — Hyderabad, Junagarh, and Kashmir — initially resisted but were eventually integrated:
- Hyderabad: Integrated through police action (Operation Polo)
- Junagarh: Integrated through a public referendum
- Kashmir: Joined India by signing the Instrument of Accession
Initial Classification of States (1950)
The Constitution of India (1950) adopted a fourfold classification of the constituent units:
- Part A States:
- Included 9 former Governor’s Provinces of British India
- Administered by an elected governor and legislature
- Part B States:
- Included 9 former princely states with legislatures
- Administered by a Rajpramukh appointed by the President
- Part C States:
- Included both former Chief Commissioner’s Provinces and princely states
- Administered by a Chief Commissioner appointed by the President
- Part D Territories:
- Included only the Andaman and Nicobar Islands
- Administered by a Lieutenant Governor appointed by the President
- In total, there were 29 states and territories in 1950.
Dhar Commission and JVP Committee
- Background
- After Independence, the integration of princely states was carried out on an ad hoc basis. However, there was increasing demand—especially from South India—for the reorganisation of states on linguistic lines to ensure better cultural representation and administrative efficiency.
- Dhar Commission (1948)
- The Government of India set up the Linguistic Provinces Commission in June 1948 under the chairmanship of S.K. Dhar.
- Mandate: Examine the feasibility of reorganisation of states on a linguistic basis.
- Recommendation: Opposed linguistic reorganisation. Recommended administrative convenience as the basis for creating new states.
- Impact: The report was widely criticized and led to public dissatisfaction, especially in linguistic regions like Andhra.
- JVP Committee (1948–49)
- In response to growing resentment, the Indian National Congress appointed a three-member committee in December 1948:
- Jawaharlal Nehru
- Vallabhbhai Patel
- Pattabhi Sitaramayya
- Popularly known as the JVP Committee (no designated chairman or convenor).
- Report submitted in April 1949.
- Conclusion: Rejected language as the basis for state reorganisation.
Creation of Andhra State (1953)
Despite earlier rejections, public pressure mounted—especially in the Telugu-speaking regions of Madras State.
- A major movement was led by Potti Sriramulu, a respected Congress activist, who undertook a hunger strike.
- After 56 days, he died in October 1952, triggering widespread unrest.
- The Government of India created the first linguistic state, Andhra State, in October 1953, by separating Telugu-speaking areas from Madras.
Fazl Ali Commission and States Reorganisation (1953–1956)
- Background
- The formation of Andhra State in 1953 on a linguistic basis set a precedent and sparked similar demands across the country. To address these rising aspirations, the Government of India appointed a States Reorganisation Commission.
- States Reorganisation Commission (SRC), 1953
- Constituted: December 1953
- Chairman: Fazl Ali
- Members: K.M. Panikkar and H.N. Kunzru
- Report submitted: September 1955
- Key Recommendations
- It broadly accepted language as a key criterion for reorganisation.
- It rejected the idea of ‘one language–one state’.
- The institution of Rajapramukh and special agreement with former princely states should be abolished
- Commission identified Four Factors for Reorganisation Identified:
- Preservation of national unity and security
- Linguistic and cultural homogeneity
- Administrative, financial and economic viability
- Planning and promotion of the welfare of the people in each state as well as of the nation as a whole
- Structural Recommendations
- Suggested abolition of the existing four-fold classification: Part A, B, C, and D States.
- Recommended the creation of 16 states and 3 Union territories.
- Only the following 3 states should be the Union Territories: Andaman & Nicobar, Delhi and Manipur.
- The other Part-C/D territories should be merged with the adjoining states
- Implementation
- Recommendations were accepted with modifications by the Government of India.
- Recommendations were implemented through:
- States Reorganisation Act, 1956
- 7th Constitutional Amendment Act, 1956
- Key Outcomes:
- By the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956), the distinction between Part A and Part B states was done away with and Part C states were abolished.
- Some of them were merged with adjacent states and some other were designated as union territories.
- Result: 14 states and 6 union territories were created on November 1, 1956.
New States and Union Territories Created After 1956
- Despite the comprehensive reorganisation in 1956, India’s political map has seen continual changes due to linguistic, cultural, administrative, and political demands. Here’s a chronological account of how new States and Union Territories (UTs) were carved out:
- Maharashtra and Gujarat (1960)
- The bilingual state of Bombay was bifurcated into:
- Maharashtra (Marathi-speaking)
- Gujarat (Gujarati-speaking)
- Gujarat became the 15th state of the Union.
- Dadra and Nagar Haveli (1961)
- Dadra and Nagar Haveli was liberated from Portuguese rule in 1954.
- It was made a UT by the 10th Constitutional Amendment Act, 1961.
- Goa and Daman and Diu (1961)
- The territories of Goa, Daman, and Diu were annexed by India from the Portuguese in 1961 via an armed military action known as Operation Vijay.
- These were made UTs by the 12th Constitutional Amendment Act, 1962.
- Goa became a state in 1987, while Daman and Diu remained a UT.
- In 2020, Dadra and Nagar Haveli and Daman and Diu were merged into a single UT via the eDadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019.
- Puducherry (1962)
- Puducherry comprised of former French territories: Puducherry, Karaikal, Mahe, and Yanam.
- Administered as “acquired territory” from 1954 to 1962.
- Declared a Union Territory via the 14th Constitutional Amendment Act, 1962.
- Nagaland (1963)
- In 1963, Nagaland was formed from Naga Hills and Tuensang Area of Assam.
- Became the 16th state of India to address Naga political aspirations.
- Haryana, Chandigarh & Himachal Pradesh (1966–1971)
- In 1966, the state of Punjab was bifurcated to meet growing linguistic and political demands, particularly the call for a ‘Punjabi Suba’ (Sikh Homeland) raised by the Akali Dal, led by Master Tara Singh.
- The Shah Commission (1966) was appointed to recommend the reorganisation.
- Based on its recommendations:
- Punjabi-speaking areas became the new State of Punjab (unilingual).
- Hindi-speaking areas were carved out to form Haryana, the 17th state of the Indian Union.
- The hill areas were merged with the Union Territory of Himachal Pradesh.
- A new Union Territory of Chandigarh was created to serve as the joint capital of both Punjab and Haryana.
- Later, in 1971, Himachal Pradesh was granted full statehood through the State of Himachal Pradesh Act, 1970, becoming the 18th state of the Indian Union.
- Manipur, Tripura, and Meghalaya (1972)
- In 1972, Manipur, Tripura, and Meghalaya full-fledged states under the North-Eastern Reorganisation.
- Meghalaya was earlier made a sub-state within Assam by the 22nd Constitutional Amendment,Act 1969.
- Meghalaya had own legislature and council of ministers.But this arrangement did not satisfy the aspirations of the people of Meghalaya.
- Mizoram and Arunachal Pradesh made Union Territories from Assam’s areas.
- Sikkim (1974–1975)
- Until 1947, Sikkim was a princely state ruled by the Chogyal dynasty. Following the lapse of British paramountcy in 1947, Sikkim chose to become an Indian protectorate — whereby India assumed control over its defence, foreign affairs, and communications, while internal autonomy was retained.
- Associate Statehood (1974):
- In 1974, responding to internal aspirations for closer integration with India:
- The 35th Constitutional Amendment Act was passed.It introduced a new category of “Associate State”.For this purpose, a new Article 2-A and a new schedule (10th Schedule containing the terms and conditions of association) were inserted in the Constitution
- Sikkim thus became an associate state of the Indian Union — a unique constitutional status not given to any other region.
- However, this associate state status failed to fully meet the democratic aspirations of the people.
- In 1975, a referendum was held in Sikkim in which the people overwhelmingly voted:
- To abolish the monarchy (Chogyal rule).
- To join India as a full-fledged state.
- Following this:
- The 36th Constitutional Amendment Act was enacted.
- Key changes made:
- Sikkim became the 22nd state of the Indian Union.
- A new Article, Article 371-F, was added to the Constitution, granting special provisions for Sikkim’s administration.
- The earlier Article 2-A and the 10th Schedule (introduced by the 35th Amendment) were repealed.
- Sikkim was added to the First and Fourth Schedules of the Constitution.
- Mizoram, Arunachal Pradesh, and Goa (1987)
- In 1987, three new States of Mizoram11, Arunachal Pradesh12 and Goa13 came into being.
- Mizoram (23rd state): Formed after the Mizoram Peace Accord (1986).
- Arunachal Pradesh (24th state): Earlier a UT since 1972.
- Goa (25th state): Carved out from the UT of Goa, Daman, and Diu.
- Chhattisgarh, Uttarakhand, and Jharkhand (2000)
- Created to address regional and tribal aspirations.
- Chhattisgarh from Madhya Pradesh
- Uttarakhand (initially Uttaranchal) from Uttar Pradesh
- Jharkhand from Bihar
- Became 26th, 27th, and 28th states respectively.
- Telangana (2014)
- Formed by bifurcating Andhra Pradesh under the Andhra Pradesh Reorganisation Act, 2014.
- Became the 29th state.
- Historical context:
- Andhra State (1953): First linguistic state, carved out from Madras State.
- Andhra Pradesh (1956): Merged Andhra State with Telugu-speaking Hyderabad region.
- Telangana (2014): Formed after prolonged political movement.
- Jammu & Kashmir and Ladakh (2019)
- Till 2019, the State of Jammu and Kashmir had its own constitution and thus enjoyed a special status by virtue of Article 370 of the Constitution of India.
- On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, which:
- Abrogated the special status granted under Article 370.
- Superseded the earlier 1954 Presidential Order.
- Made all provisions of the Constitution of India applicable to the region, like any other part of the country.
- The abrogation was followed by the enactment of the J&K Reorganisation Act, 2019:
- Bifurcated the state into two Union Territories:
- Jammu and Kashmir (with Legislative Assembly)
- Ladakh (without Legislative Assembly)
- This came into effect on October 31, 2019.
- Significance of the Reorganisation
- It marked the end of J&K’s asymmetric federal status within the Indian Union.
- All Indian laws and rights became applicable.
- Aimed at enhancing administrative efficiency, integration, and development of the region.
Change of Names of States and Union Territories
Several Indian states and union territories have undergone official name changes over time for historical, cultural, or linguistic reasons. These changes are generally enacted by a law of Parliament under Article 3 of the Constitution.
Old Name | New Name | Year of Change |
|---|
United Provinces | Uttar Pradesh | 1950 |
Madras | Tamil Nadu | 1969 |
Mysore | Karnataka | 1973 |
Laccadive, Minicoy and Amindivi Islands | Lakshadweep | 1973 |
Union Territory of Delhi | National Capital Territory of Delhi | 1992 |
Uttaranchal | Uttarakhand | 2006 |
Pondicherry | Puducherry | 2006 |
Orissa | Odisha | 2011 |
The Indian Union is a dynamic and evolving political entity. The Constitution empowers Parliament with wide-ranging powers under Articles 2, 3, and 4 to admit, establish, reorganise, or rename states and union territories. From the integration of princely states post-Independence to the creation of new states like Telangana and the reorganisation of Jammu & Kashmir and Ladakh, India’s territorial structure reflects a flexible and pragmatic approach to accommodate regional aspirations, administrative efficiency, and national unity. The Indian model of “an indestructible Union of destructible States” ensures a strong Centre while allowing the map of India to adapt to changing realities.
FAQs
Q1. What is the difference between Article 2 and Article 3 of the Constitution?
Article 2 deals with the admission or establishment of new states that are outside the territory of India.
Article 3 deals with the formation of new states and alteration of areas, boundaries, or names of states within the Indian Union.
Q2. Can Parliament change the name or boundary of a state without its consent?
Yes. Parliament can alter the name, area, or boundary of any state without its consent. However, the President must refer the bill to the concerned state legislature for its views, though these views are not binding.
Q3. What is meant by “an indestructible Union of destructible states”?
It means that while the Indian Union cannot be disintegrated, the existing states can be reorganised, merged, bifurcated, or even dissolved by Parliament. The continued existence of a state is not guaranteed by the Constitution.
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