Union And Its Territory: Constitutional Law (Download Notes)

Overview: India is a Union of States, and Part I of the Indian Constitution addresses the Union and its territory. Articles 1-4 in Part I cover laws related to the Union of States and the establishment of the Union.

These articles also govern the creation, renaming, and alteration of state borders within the Union of India. A recent example of this is the reorganization of Jammu & Kashmir and Ladakh, which involved changing their status within the Union of India.

Recent Update on Union and Its Territories

• In 2019, the Dadra and Nagar Haveli and Daman and Diu (Union Territories Merger) Bill, 2019 was introduced in the Lok Sabha.
• The Bill proposes the merger of the Union Territories (UTs) of Dadra and Nagar Haveli and Daman and Diu into a single UT.
• It amends the First Schedule of the Constitution to combine the areas of the two UTs into one, which will be known as Dadra and Nagar Haveli and Daman and Diu.
• This change will take effect on a date specified by the central government.

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About the Union and Its Territory

The concept of the Union and its Territory refers to the political and geographical boundaries of a sovereign nation. In the context of India, it signifies the territorial extent and administrative divisions of the country. Here is an explanation of the Union and its Territory in simple terms:

The Union refers to the entire country of India as a unified entity, representing the collective identity and sovereignty of the nation. The Union is responsible for the governance and administration of the country as a whole, with the President of India serving as the head of the Union and exercising executive powers on behalf of the Union government.

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The territory of India encompasses the geographical area over which the Union exercises its authority and jurisdiction. This includes states, union territories, and any other areas that may be acquired or merged with the country. For administrative purposes, the territory of India is divided into states and union territories.

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Articles Related to the Union and Its Territory

Article 1: Name and Territory of the Union

• India shall be a union of states rather than a federation of states.
• The states and territories are specified in the 1st Schedule.
• The territories of India include:
  • Territories of the states
  • Union territories
  • Any territory that may be acquired by the Government of India (e.g., Goa, Dadra and Nagar Haveli, Daman and Diu, Puducherry, Sikkim).

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Article 1 defines:

• The name of the country as India and Bharat.
• The type of polity as a Union of States.

Indian polity is referred to as a Union of States because the Indian federation is not a result of an agreement among the states, unlike the United States. The states do not have the right to secede from India, making the Union indestructible, though states can be reorganized.

Article 2: Admission or Establishment of New States – External Readjustment

• Parliament has the power to admit or establish new states through external readjustment.

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Article 2A: Sikkim's Association with the Union

• This article, added by the 36th Amendment Act of 1975, deals with Sikkim's association with the Union of India.

Article 3: Authorizes Parliament – Internal Readjustment

Parliament is authorized to:

• Form a new state.
• Increase the area of a state.
• Diminish the area of a state.
• Alter the boundary of any state.
• Alter the name of any state.

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Creation of New States:

• Separating territory from any state.
• Uniting states or parts of different states.
• Uniting territories with states or parts of states.

Conditions to Create a New State or Union Territory:

• Prior approval of the President is required.
• The concerned state legislature must approve within a specified period.
• The bill must pass in Parliament by a simple majority.
• For union territories, the same procedure is followed except no reference is required from the Legislature of union territories.

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Article 4: Amendment of the First and Fourth Schedule and Supplemental, Incidental, and Consequential Matters

• Amendments to Articles 2 and 3 and First and Fourth Schedule are not considered amendments to the Constitution under Article 368.
• They require only a simple majority through the ordinary legislative process.

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Difference between State and Union Territory

States

• Definition: States are administrative units with an elected government that has the authority to make laws.
• Legislative Assembly: Each state has its own Legislative Assembly and Chief Minister.
• Governor: In states, the Governor acts as the President’s representative.

Union Territories

• Administration: Union Territories are administered directly by the Central Government.
• Lieutenant Governor: A Lieutenant Governor, appointed by the Central Government, serves as the President of India’s representative.
• Representation in Rajya Sabha: Union Territories, except for Delhi and Puducherry, do not have representation in the Rajya Sabha.

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States Reorganization Act 1956

The States Reorganization Act of 1956 was a significant revision of India's state and territory boundaries, organizing them along linguistic lines. The Act implemented several recommendations of the States Reorganization Commission (SRC).

New States and Union Territories Created After 1956

At the time of India's independence in 1947, there were 562 princely states. Most of these states acceded to India, and many were merged to form new states. The States Reorganization Act of 1956 further reorganized Indian states based on linguistic criteria, reducing the number of states from 27 to 14. New states formed due to the 1956 restructuring include Andhra Pradesh, Bombay, Kerala, Madhya Pradesh, Madras, Mysore, Punjab, and Rajasthan. Subsequently, Parliament passed various Reorganization Acts, leading to further division and creation of states.

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Berubari Union Case (1960)

In the Berubari Union case, the Supreme Court examined Parliament's power to alter state boundaries. The central government had decided to cede the Berubari Union territory in West Bengal to East Pakistan. The Supreme Court, under Article 3 of the Constitution and the 9th Constitutional Amendment Act of 1960, prohibited such a change without a constitutional amendment under Article 368. Thus, Parliament cannot cede Indian territory through a simple majority; it requires a constitutional amendment.

Conclusion

The Indian Parliament has the authority to reshape the country's political landscape. Union Territories (UTs) have evolved to accommodate geographical and strategic factors. Direct control by the Union Government is intended to benefit the socio-political and economic growth of UTs. On January 26, 2020, the Government of India introduced legislation to merge the Union Territories of Daman and Diu and Dadra and Nagar Haveli into a single Union Territory named Dadra and Nagar Haveli and Daman and Diu.