Articles 1 to 4 under Part I of the Constitution
Part I of the Constitution of India addresses the Union and its territory. The key provisions outlined in Articles 1 to 4 are as follows:
- Article 1: This article establishes India as a Union of States. It defines India as a territory that includes the states, union territories, and any other territories that may be acquired.
- Article 2: This article allows the Parliament to admit new states into the Union or to establish new union territories. It grants the Parliament the authority to define the boundaries and administrative structure of such states or territories.
- Article 3: This article provides the Parliament with the power to change the boundaries of existing states and to alter their names. However, such changes cannot be made without the recommendation of the President.
- Article 4: This article states that laws enacted under Article 2 and Article 3 will not be considered amendments to the Constitution for the purposes of Article 368, which governs the amendment process.
These articles collectively lay the foundation for the territorial integrity and political structure of India, ensuring the Union’s strength while providing mechanisms for expansion and adjustment of state boundaries as necessary.
Article 1 of the Constitution designates India, referred to as Bharat, as a “Union of States” rather than a “Federation of States.” This dual designation addresses two key aspects: the name of the country and its political structure. There was no consensus within the Constituent Assembly regarding the name; some members proposed the traditional name Bharat, while others favored the more modern name India. As a result, the Assembly adopted a combined form: “India, that is, Bharat.”
Furthermore, while the Constitution establishes a federal structure, it describes the nation as a “Union.” Dr. B.R. Ambedkar explained that “Union of States” was preferred over “Federation of States” for two main reasons: first, the Indian Federation was not founded on an agreement among the states, as in the case of the American Federation; second, the states do not have the right to secede from the federation. The term “Union” indicates that the federation is indestructible, reflecting that the country is an integral whole, divided into states purely for administrative convenience.
According to Article 1, the territory of India can be classified into three categories:
- Territories of the States
- Union Territories
- Territories that may be acquired by the Government of India in the future
The names of the states and union territories and their territorial extent are detailed in the First Schedule of the Constitution. Currently, there are 28 states and 9 union territories. The constitutional provisions applicable to states are uniformly enforceable across all states; however, specific provisions (under Part XXI) for certain states—including Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka—override the general provisions related to states as a group. Additionally, the Fifth and Sixth Schedules provide separate provisions concerning the administration of scheduled areas and tribal areas within states.
It is important to note that the term “Territory of India” encompasses a broader scope than “Union of India,” as the former includes states, union territories, and territories that can be acquired by the Government of India in the future. In the federal structure, the states are members that share power with the Centre, while union territories and acquired territories are administered directly by the central government.
As a sovereign state, India is entitled to acquire foreign territories through methods recognized by international law, such as cession (via treaties, purchases, gifts, leases, or plebiscites), occupation (of unoccupied lands), conquest, or subjugation. For example, India has acquired territories like Dadra and Nagar Haveli, Goa, Daman and Diu, Puducherry, and Sikkim since the Constitution came into effect. Further discussion of these acquisitions is provided later in this chapter.
Article 2 empowers Parliament to “admit into the Union of India, or establish, new states on such terms and conditions as it considers appropriate.” This article grants two significant powers:
- Admission of New States: The power to admit states that already exist into the Union.
- Establishment of New States: The capacity to create new states that did not exist prior to this provision.
It is important to differentiate that Article 2 pertains to the admission or establishment of states outside the current Union of India, while Article 3 relates to the formation or restructuring of existing states within the Union. In essence, Article 3 deals with internal adjustments among the territories of the constituent states of the Union of India.
Article 3 of the Indian Constitution authorizes Parliament to:
(a) Form a new state by separating territory from an existing state, uniting two or more states or parts of states, or adding any territory to part of a state.
(b) Increase the area of any state.
(c) Decrease the area of any state.
(d) Alter the boundaries of any state.
(e) Change the name of any state.
However, Article 3 stipulates two essential conditions regarding these changes:
- A bill proposing any of the above alterations can only be introduced in Parliament with prior recommendation from the President.
- Before recommending the bill, the President must refer it to the concerned state legislature for their views within a specified time frame.
Additionally, Parliament’s power to form new states includes the authority to create a new state or union territory by merging a part of an existing state or union territory with another.
It’s important to note that the President (or Parliament) is not obligated to follow the state legislature’s opinions and can either accept or reject their views, even if delivered in a timely manner. Furthermore, there is no requirement to refer the bill back to the state legislature if amendments are made during parliamentary discussions. In the case of union territories, no reference is necessary to consult the concerned legislature; Parliament can act as it deems appropriate.
Thus, the Constitution empowers Parliament to create new states or modify the areas, boundaries, or names of existing states without needing consent from those states. This means that Parliament has the ability to redraw India’s political boundaries as it sees fit. Consequently, the Constitution does not guarantee the territorial integrity or continued existence of any state, reflecting the concept of India as “an indestructible union of destructible states.” In contrast, in the United States, the Constitution ensures the territorial integrity of states, requiring state consent for forming new states or altering existing borders, leading to the description of the USA as “an indestructible union of indestructible states.”
Moreover, Article 4 of the Constitution specifies that laws made for the admission or establishment of new states (under Article 2) and for the formation of new states and alteration of areas, boundaries, or names of existing states (under Article 3) should not be considered amendments to the Constitution under Article 368. This allows such laws to be passed through a simple majority and ordinary legislative procedures.
A pertinent question arose regarding whether Parliament’s power to diminish a state’s area (under Article 3) includes the authority to cede Indian territory to a foreign nation. This question was explored by the Supreme Court in relation to the Central Government’s decision to cede a portion of territory known as Berubari Union (West Bengal) to Pakistan, which caused significant political unrest. Ultimately, the Supreme Court ruled that the power granted to Parliament under Article 3 does not extend to ceding Indian territory to a foreign country; therefore, any transfer of Indian territory must occur through a constitutional amendment under Article 368. Consequently, the 9th Constitutional Amendment Act (1960) was enacted to facilitate the transfer of this territory to Pakistan.
Additionally, the Supreme Court ruled in 1969 that settling boundary disputes with another nation does not require a constitutional amendment and can be executed through executive action, as it does not involve ceding territory.
The 100th Constitutional Amendment Act (2015) was enacted to formalize the acquisition of certain territories by India and the transfer of others to Bangladesh as part of an agreement between the two countries. Under this agreement, India transferred 111 enclaves to Bangladesh, while Bangladesh ceded 51 enclaves to India. The agreement also included the transfer of adverse possessions and the demarcation of a 6.1 km stretch of undemarcated border.
This amendment modified the provisions related to the territories of four states—Assam, West Bengal, Meghalaya, and Tripura. The background for this amendment includes:
- India shares a land boundary of approximately 4,096.7 kilometers with Bangladesh. The boundary with East Pakistan was established according to the Radcliffe Award of 1947. Disputes over the Radcliffe Award’s provisions led to further attempts at resolution, including the Bagge Award of 1950 and the Nehru-Noon Agreement of 1958. However, challenges regarding the division of Berubari Union were raised before the Supreme Court, prompting the enactment of the Constitution (9th Amendment) Act, 1960, to align with the Court’s opinion. Due to ongoing litigation and political developments at the time, the 1960 amendment could not be enacted in relation to territories in what was then East Pakistan.
- On May 16, 1974, an Agreement between India and Bangladesh was signed concerning the demarcation of the land boundary and related issues. This agreement faced delays in ratification because it involved transferring territories, which necessitated a constitutional amendment. It was essential to accurately
Integration of Princely States
At the time of India’s independence, the country was made up of two primary categories of political units: British provinces, which were directly governed by the British government, and princely states, which were ruled by native princes but were subject to the paramountcy of the British Crown. The Indian Independence Act of 1947 established two independent and separate dominions: India and Pakistan. It provided princely states with three options: joining India, joining Pakistan, or remaining independent.
Out of 552 princely states within India’s geographical boundaries, 549 chose to join India. However, three states—Hyderabad, Junagarh, and Kashmir—initially refused to join. Eventually, these states integrated into India: Hyderabad was annexed through police action, Junagarh via a referendum, and Kashmir through the Instrument of Accession.
In 1950, the Constitution introduced a four-fold classification of the states and territories of the Indian Union, categorized as Part A, Part B, Part C states, and Part D territories. In total, there were 29 such entities:
– Part A states: Comprising nine former governor’s provinces of British India.
– Part B states: Encompassing nine former princely states that had their own legislatures.
– Part C states: Including the former chief commissioner’s provinces of British India and some erstwhile princely states. There were 10 of these states, and they were centrally administered.
– Part D territories: The Andaman and Nicobar Islands were classified as the only Part D territories.
The initial integration of princely states into India was largely an ad hoc arrangement. There was considerable demand, especially from South India, for the reorganization of states based on linguistic lines. In response, the Government of India established the Linguistic Provinces Commission in June 1948, chaired by S.K. Dhar, to assess the feasibility of such a reorganization. The commission submitted its report in December 1948, recommending that states be reorganized based on administrative convenience rather than linguistic factors. This recommendation sparked significant dissatisfaction among various groups.
Consequently, another committee was formed by the Congress party in December 1948 to reevaluate the situation. Known as the JVP Committee, after its members Jawaharlal Nehru, Sardar Vallabhbhai Patel, and Pattabhi Sitaramayya, the committee submitted its report in April 1949. Ultimately, it rejected linguistic considerations as the basis for the reorganization of states.
This discourse on the integration and reorganization of states significantly influenced India’s administrative and political landscape during its formative years post-independence.
In 1950, India was classified into various categories of states and territories, as outlined below:
States in Part A
- Assam
- Bihar
- Bombay
- Madhya Pradesh
- Madras
- Orissa
- Punjab
- United Provinces
- West Bengal
- Tripura
States in Part B
- Hyderabad
- Jammu and Kashmir
- Madhya Bharat
- Mysore
- Patiala and East Punjab
- Rajasthan
- Saurashtra
- Travancore-Cochin
- Vindhya Pradesh
States in Part C
- Ajmer
- Bhopal
- Bilaspur
- Cooch-Behar
- Delhi
- Himachal Pradesh
- Kutch
- Manipur
Territories in Part D
- Andaman and Nicobar Islands
This classification reflects the administrative divisions of India shortly after the Constitution came into effect on January 26, 1950, marking the beginning of a new sovereign state.
Original Parts of the Constitution Dealing with States and Territories
The following are the original parts of the Constitution of India that pertain to states and territories, along with their headings and the corresponding articles:
Parts | Original Heading | Articles Covered |
VI | The States in Part A of the First Schedule | 152–237 |
VII | The States in Part B of the First Schedule | 238 |
VIII | The States in Part C of the First Schedule | 239–242 |
IX | The Territories in Part D of the First Schedule and other territories not specified in that Schedule | – |
This table summarizes the crucial segments of the Constitution that govern the organization and administration of various states and territories in India.
In October 1953, the Government of India established the first linguistic state, known as Andhra State, by separating the Telugu-speaking regions from the Madras state. This decision came in response to a prolonged popular agitation spurred by the death of Potti Sriramulu, a significant member of the Congress party, who tragically passed away after a 56-day hunger strike advocating for the cause.
Fazl Ali Commission
The creation of Andhra State further fueled demands from various other regions for the establishment of states based on linguistic lines. In reaction to this pressure, the Government of India appointed a three-member States Reorganisation Commission in December 1953, chaired by Fazl Ali. The other members of the commission were K.M. Panikkar and H.N. Kunzru. The commission submitted its report in September 1955, endorsing the concept of using language as a basis for state reorganization. However, it did not support the idea of a “one language, one state” theory.
The commission emphasized that the unity of India should be the foremost consideration in any restructuring of the country’s political boundaries. It identified four major factors that should be considered in any scheme for reorganization of states:
(a) Preservation and Strengthening of Unity: Ensuring the unity and security of the country was deemed a priority.
(b) Linguistic and Cultural Homogeneity: Recognizing linguistic and cultural similarities among populations.
(c) Financial, Economic, and Administrative Considerations: Evaluating the financial and economic viability as well as administrative efficiency of proposed states.
(d) Welfare Planning and Promotion: Fostering the welfare of the people in each state, while also considering the wellbeing of the nation as a whole.
This framework laid the groundwork for subsequent linguistic reorganization of states in India, reflecting the growing demand for recognition of linguistic identities within the Indian polity.
Territory of India in 1956
In 1956, the territory of India was classified into states and union territories as follows:
States
- Andhra Pradesh
- Assam
- Bihar
- Bombay
- Jammu and Kashmir
- Kerala
- Madhya Pradesh
- Madras
- Mysore
- Orissa
- Punjab
- Rajasthan
- Uttar Pradesh
- West Bengal
Union Territories
- Andaman and Nicobar Islands
- Delhi
- Himachal Pradesh
- Laccadive, Minicoy, and Amindivi Islands
- Manipur
- Tripura
This classification reflects the organizational structure of India after the linguistic reorganization and the establishment of new states and territories.
At the time of independence, India was divided into two main types of political units: British provinces (under direct British rule) and princely states (governed by local princes but ultimately subject to British authority). The Indian Independence Act of 1947 provided princely states with three choices: to join India, to join Pakistan, or to remain independent. Of the 552 princely states within India’s borders, 549 opted to join India. The three states that initially refused were Hyderabad, Junagarh, and Kashmir. Eventually, these states were integrated into India through various means: Hyderabad was annexed through police action, Junagarh held a referendum, and Kashmir signed the Instrument of Accession.
In 1950, the Constitution classified states and territories as follows: Part A, Part B, Part C states, and Part D territories, totaling 29 entities.
Dhar Commission and JVP Committee
The initial integration of princely states was viewed as temporary, leading to increased demands for the reorganization of states based on linguistic lines. Consequently, the Linguistic Provinces Commission was established in June 1948, chaired by S.K. Dhar, to evaluate this demand. It recommended reorganizing states for administrative convenience rather than linguistic factors. This report elicited dissatisfaction, prompting the Congress to appoint a committee of influential leaders known as the JVP Committee (Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya) to reassess the situation. The JVP Committee also recognized the importance of preserving national unity.
The States Reorganization Act of 1956 was implemented to address the demands for linguistic states. It led to the formation of 16 states and 3 centrally administered territories. The act marked a significant shift from the four-fold classification under the original Constitution:
– Andhra Pradesh was established by merging the Telugu-speaking areas of Hyderabad with the original Andhra state.
– Other states were reorganized, leading to simplification and clarity in governance.
Formation of New States and Union Territories Post-1956
The political map of India continued to evolve after 1956 due to ongoing demands for states based on linguistic and cultural identities:
– Maharashtra and Gujarat (1960): The bilingual Bombay state was divided into Maharashtra for Marathi speakers and Gujarat for Gujarati speakers.
– Dadra and Nagar Haveli: This territory was liberated from Portuguese rule in 1954 and was made into a union territory by the 10th Constitutional Amendment Act in 1961.
– Goa, Daman, and Diu: These territories were acquired from the Portuguese through military action in 1961 and were designated as a union territory by the 12th Amendment in 1962. Goa attained statehood in 1987, while Daman and Diu became a separate union territory.
– Puducherry: Comprising former French territories, Puducherry was handed over to India in 1954 and designated as a union territory in 1962.
– Nagaland (1963): Created from the Naga Hills and Tuensang area of Assam in response to local movements for autonomy.
– Haryana, Chandigarh, and Himachal Pradesh (1966): The bifurcation of Punjab created Haryana and established Chandigarh as a union territory. Himachal Pradesh became a state in 1971.
– Manipur, Tripura, and Meghalaya (1972): These three regions were granted statehood, raising the total number of states to 21. Mizoram and Arunachal Pradesh were also designated as union territories.
– Sikkim: Initially a protectorate of India, Sikkim became an associate state in 1974 and eventually a full-fledged state in 1975 following a referendum.
– Mizoram, Arunachal Pradesh, and Goa: All three attained statehood in 1987.
– Chhattisgarh, Uttarakhand, and Jharkhand (2000): These three states were carved out from Madhya Pradesh, Uttar Pradesh, and Bihar, respectively, raising the total to 28 states.
– Telangana (2014): Formed as the 29th state following the bifurcation of Andhra Pradesh.
Jammu & Kashmir and Ladakh
Prior to 2019, Jammu and Kashmir operated under its own constitution and enjoyed special status due to Article 370. In 2019, this special status was revoked through a presidential order, which extended the provisions of the Indian Constitution to Jammu and Kashmir. The Jammu and Kashmir Reorganisation Act, 2019, then divided the state into two union territories: Jammu & Kashmir and Ladakh.
Consequently, the total number of states increased from 14 to 28 and union territories from 6 to 9 between 1956 and 2019.
Several states and union territories in India have undergone name changes over the years. Here are some notable examples:
- Uttar Pradesh: The United Provinces was the first state to be renamed, officially becoming Uttar Pradesh in 1950.
- Tamil Nadu: In 1969, the state of Madras was renamed Tamil Nadu.
- Karnataka: In 1973, the state of Mysore changed its name to Karnataka.
- Lakshadweep: The Laccadive, Minicoy, and Amindivi Islands were renamed Lakshadweep in 1973.
- National Capital Territory of Delhi: In 1992, the Union Territory of Delhi was redesignated as the National Capital Territory of Delhi by the 69th Constitutional Amendment Act, although it was not granted the status of a full-fledged state.
- Uttarakhand: In 2006, Uttaranchal was renamed Uttarakhand.
- Puducherry: In 2006, the Union Territory of Pondicherry was renamed Puducherry.
- Odisha: In 2011, the state of Orissa was officially renamed Odisha.
These name changes reflect the evolving identity and cultural significance of various regions in India, aligning them more closely with local languages and heritage.
The following acts were enacted by the Parliament under Article 3, which provides the authority to reorganize the states and territories of India:
Sl. No. | Acts | Provisions |
1 | Assam (Alteration of Boundaries) Act, 1951 | Altered the boundaries of the State of Assam by ceding a territory to Bhutan. |
2 | Andhra State Act, 1953 | Established the first linguistic state, Andhra, by separating the Telugu-speaking areas from Madras. Kurnool became the capital and the state high court was located in Guntur. |
3 | Himachal Pradesh and Bilaspur (New State) Act, 1954 | Created the new state of Himachal Pradesh by merging the states of Himachal Pradesh and Bilaspur. |
4 | Chandernagore (Merger) Act, 1954 | Merged Chandernagore (formerly a French enclave) into the State of West Bengal. |
5 | States Reorganisation Act, 1956 | Made extensive changes to state boundaries, resulting in the creation of 14 states and 6 union territories. It merged Telugu-speaking areas of Hyderabad with Andhra to form Andhra Pradesh, among other changes. |
6 | Bihar and West Bengal (Transfer of Territories) Act, 1956 | Provided for the transfer of certain territories from Bihar to West Bengal. |
7 | Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 | Allowed for the transfer of certain territories from Rajasthan to Madhya Pradesh. |
8 | Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 | Modified the boundaries of Andhra Pradesh and Madras. |
9 | Bombay Reorganisation Act, 1960 | Split the bilingual Bombay state into Maharashtra (for Marathi speakers) and Gujarat (for Gujarati speakers), with Ahmedabad as the capital of Gujarat. |
10 | Acquired Territories (Merger) Act, 1960 | Merged certain territories acquired from Pakistan into Assam, Punjab, and West Bengal. |
11 | State of Nagaland Act, 1962 | Formed the new State of Nagaland (16th state) by creating it from the Naga Hills and Tuensang area of Assam. |
12 | Punjab Reorganisation Act, 1966 | Created the new State of Haryana (17th state) from Hindi-speaking areas of Punjab and designated Chandigarh as a union territory. |
13 | Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 | Altered the boundaries between Bihar and Uttar Pradesh. |
14 | Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 | Facilitated the transfer of territory from Mysore to Andhra Pradesh. |
15 | Madras State (Alteration of Name) Act, 1968 | Renamed Madras to Tamil Nadu. |
16 | Assam Reorganisation (Meghalaya) Act, 1969 | Established an autonomous state (sub-state) called Meghalaya within Assam. |
17 | State of Himachal Pradesh Act, 1970 | Elevated the Union Territory of Himachal Pradesh to statehood (18th state). |
18 | North-Eastern Areas (Reorganisation) Act, 1971 | Granted statehood to Manipur and Tripura, and full statehood to Meghalaya, increasing the total number of states to 21. |
19 | Mysore State (Alteration of Name) Act, 1973 | Changed the name of Mysore to Karnataka. |
20 | Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 | Renamed the union territory to Lakshadweep. |
21 | Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 | Adjusted the boundaries between Haryana and Uttar Pradesh. |
22 | State of Mizoram Act, 1986 | Elevated the Union Territory of Mizoram to the status of a state (23rd state). |
23 | State of Arunachal Pradesh Act, 1986 | Elevated the Union Territory of Arunachal Pradesh to the status of a state (24th state). |
|
|
|
24 | Goa, Daman and Diu Reorganisation Act, 1987 | Formed the new State of Goa (25th state) by separating it from the Union Territory of Goa, Daman,Diu |
25 | Madhya Pradesh Reorganisation Act, 2000 | Created the new state of Chhattisgarh (26th state) by carving it out of the territories of Madhya Pradesh. |
26 | Uttar Pradesh Reorganisation Act, 2000 | Established the new State of Uttaranchal (27th state) by taking territory from Uttar Pradesh, later renamed Uttarakhand. |
27 | Bihar Reorganisation Act, 2000 | Formed the new State of Jharkhand (28th state) by separating its territory from Bihar. |
28 | Uttaranchal (Alteration of Name) Act, 2006 | Changed the name of Uttaranchal to Uttarakhand. |
29 | Pondicherry (Alteration of Name) Act, 2006 | Renamed the Union Territory of Pondicherry as the Union Territory of Puducherry. |
30 | Orissa (Alteration of Name) Act, 2011 | Changed the name of the State of Orissa to Odisha. |
31 | Andhra Pradesh Reorganisation Act, 2014 | Established the new state of Telangana (29th state) by carving it out from Andhra Pradesh. |
32 | Jammu and Kashmir Reorganisation Act, 2019 | Bifurcated the state of Jammu and Kashmir into two separate Union territories, namely, Jammu & Kashmir and Ladakh. |
Here is a summary of the articles in the Indian Constitution that pertain to the Union and its territory:
Article No. | Subject-Matter |
1 | Name and territory of the Union |
2 | Admission or establishment of new states |
2A | Sikkim to be associated with the Union (Repealed) |
3 | Formation of new states and alteration of areas, boundaries, or names of existing states |
4 | Laws made under Articles 2 and 3 to provide for the amendment of the First and Fourth Schedules and supplemental, incidental, and consequential matters |
These articles outline the provisions for defining the territory, admitting and establishing new states, and adjusting the areas or boundaries of existing states, reflecting the dynamic nature of India’s political geography.
