1. Union of States

  • Definition and Name:
    • Article 1 describes India as a “Union of States” rather than a “Federation of States.” This implies that India is an indestructible union, which means states cannot secede.
    • The name “India, that is, Bharat” was adopted to address both modern and traditional perspectives.
  • Classification of Territory:
    • Indian territory includes:
      1. States (e.g., Maharashtra, Tamil Nadu)
      2. Union Territories (e.g., Delhi, Chandigarh)
      3. Acquired Territories – Territories acquired by the Indian government after independence.
  • Constituent Assembly’s Decision:
    • Dr. B.R. Ambedkar emphasized the term “Union” to reflect India’s integral structure, as states do not have the right to exit the union.

2. Articles Related to Union Territory

  • Article 2: Admission and Establishment of New States
    • Parliament has the authority to admit new states or establish states within India. This provision ensures a process to incorporate regions outside of current Indian territory.
  • Article 3: Reorganization of States
    • Parliament can reorganize states by:
      • Forming new states
      • Altering state boundaries
      • Changing state names
    • This does not require state consent, showing the central government’s power to maintain territorial integrity.
  • Article 4: Laws Related to Reorganization
    • Laws formed under Articles 2 and 3 are not constitutional amendments and require only a simple majority.

3. Evolution of States and Union Territories

  • Integration of Princely States:
    • Post-independence, princely states could join India or Pakistan or remain independent. Over time, 552 princely states joined India.
  • Dhar Commission and JVP Committee:
    • 1948: The Dhar Commission recommended organizing states for administrative ease rather than linguistic lines. The JVP Committee supported this view.
    • 1953: The first linguistic state, Andhra, was created after popular demand.
  • State Reorganization Act of 1956:
    • This act established 14 states and 6 union territories, reorganizing states based on linguistic and administrative considerations.

4. Creation of New States and Territories (Post-1956)

  • 1960s – 2000s:
    • Maharashtra and Gujarat (1960): Divided from the bilingual Bombay state.
    • Nagaland (1963): Created for the Naga people.
    • Haryana and Chandigarh (1966): Created from Punjab for linguistic and cultural reasons.
    • Goa (1987): Became a state, separating from Daman and Diu.
    • Chhattisgarh, Uttarakhand, Jharkhand (2000): Formed from Madhya Pradesh, Uttar Pradesh, and Bihar.

5. Jammu & Kashmir and Ladakh Reorganization (2019)

  • Abrogation of Article 370:
    • Jammu and Kashmir’s special status was revoked, making it subject to the Indian Constitution.
    • Reorganization Act of 2019: Divided Jammu and Kashmir into two union territories – Jammu & Kashmir and Ladakh.

6. Special Provisions and Amendments

  • Special Provisions for Certain States:
    • Articles and schedules in the Constitution provide specific provisions for states like Maharashtra, Gujarat, Nagaland, Assam, etc., to manage unique cultural and administrative needs.
  • Notable Amendments:
    • 9th Amendment (1960): Transferred territory to Pakistan after resolving border disputes.
    • 100th Amendment (2015): Involved exchange of enclaves with Bangladesh, affecting the territorial layout of states like West Bengal.

7. Key Examples and Illustrations

  • Formation of States and Linguistic Divisions:
    • The creation of states like Andhra Pradesh based on language reflects India’s adaptability in its federal structure to accommodate cultural diversity.
  • Boundary Adjustments for National Interest:
    • Territorial exchanges (like the 100th Amendment with Bangladesh) show how India manages international relations and domestic administration.

8. Modes of Acquiring Territories

India, as a sovereign state, can acquire foreign territories through internationally recognized methods:

  • Cession: Acquisition through treaty or agreement, such as the inclusion of territories like Dadra and Nagar Haveli.
  • Occupation: Acquisition of unclaimed territories.
  • Conquest or Subjugation: Territories acquired by force, as in the case of Goa, Daman, and Diu from Portuguese control.

Over time, India has acquired territories through these methods, adapting them within its constitutional framework, as exemplified by Goa’s transformation into a state in 1987.

9. Notable Territorial Changes and Agreements

  • Berubari Union Case (1960):
    • India’s decision to cede part of the Berubari Union to Pakistan led to political controversies. The Supreme Court ruled that cession required a constitutional amendment, leading to the 9th Amendment to facilitate the transfer.
  • Indo-Bangladesh Enclave Exchange (2015):
    • The 100th Constitutional Amendment Act enabled India to exchange enclaves with Bangladesh, affecting states like Assam and West Bengal and finalizing undemarcated boundary segments.

10. Reorganization Acts and Their Impact on Indian States

Several reorganization acts have significantly altered India’s political landscape:

  • States Reorganization Act (1956): This laid the groundwork for India’s modern state boundaries, merging and reorganizing states based on linguistic and administrative factors.
  • Madhya Pradesh, Uttar Pradesh, and Bihar Reorganization Acts (2000): These acts created the states of Chhattisgarh, Uttarakhand, and Jharkhand, catering to demands for statehood based on administrative and cultural distinctions.
  • Andhra Pradesh Reorganization Act (2014): Created Telangana from Andhra Pradesh after prolonged demands for a separate state for Telugu-speaking people.

11. Renaming of States and Union Territories

  • Over the years, some states and union territories have undergone name changes to reflect cultural identities and local languages:
    • Uttar Pradesh (1950) from United Provinces
    • Tamil Nadu (1969) from Madras State
    • Karnataka (1973) from Mysore
    • Odisha (2011) from Orissa
    • Puducherry (2006) from Pondicherry

These changes exemplify India’s respect for regional identities within its union framework.

12. Present Structure of the Union and Its Territories

  • Current Composition:
    • 28 States: Each state has its legislative assembly and operates with autonomy as per the distribution of powers under the Constitution.
    • 8 Union Territories: Directly administered by the Central Government, with some like Delhi and Puducherry having legislative assemblies with limited powers.
  • Special Provisions for Certain States:
    • Fifth and Sixth Schedules: Provide autonomy to tribal areas within certain states, offering special governance structures to protect indigenous rights and practices.

13. Articles Summarizing the Union and Its Territory

  • Article 1: Defines India’s name and territorial integrity.
  • Article 2: Grants Parliament authority to admit or establish new states.
  • Article 3: Details reorganization powers of Parliament, including state boundaries, names, and territories.
  • Article 4: Laws under Articles 2 and 3 do not require a constitutional amendment, allowing flexibility in territorial administration.

These articles collectively underscore the Indian Union’s adaptability in accommodating territorial changes, reflecting both federal principles and central authority.