Sunday 5 September 2021

Part-1, (The Union and its territory)

Article 1: Name and territory of the Union- India that is Bharat, shall be a Union of States. The territory of India shall comprise— (a) the territories of the States;  (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired. for instance, French and Portuguese possessions in India.

Indestructible Union of states:

India is described as a 'union ' although its constitution is federal in structure. the drafting committee preferred the phrase 'union of states' for two reasons:

1. Although India was to be a federation, the federation did not result from an agreement with the states.

2. The states have no right to secede. they cannot separate themselves. The federation is a union because it is indestructible. However, for the convenience of the administration country has been divided into different states. But the country is one integral whole.

Difference between The Union of India and the territory of India:

The union of India includes only the states which enjoy the status of the members of the federal system and share distribution of powers with the union.

The territory of India is a wider expression than the Union of India because it includes the entire territory over which the sovereignty of India for the time being extends. Thus besides states, two other classes of territories are included in the territory of India i.e. 1. the union territories and 2. such territories as may be acquired by India.

Article  2- Admission or establishment of new states: Art. 2 states, '' Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit". Article 2, thus, relates to the admission of new states that are not part of the Union of India.

Article 3- Formation of new states and alteration of areas, boundaries or names of existing States: It states, " Parliament may by law— (a) 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; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State". 

Explanation: Art. 3 states that the Parliament is authorised 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.

Article 3, however, lays down two conditions in this regard-

a. A bill for bringing the above changes can be introduced in either house of the parliament only with the prior  accent or recommendation of the president, and 

b. before recommending the Bill, the president has to refer the same to the state legislature concerned for expressing its views within a specified period.

The procedure of formation of new states:

new states may be formed or the boundaries may be altered by a law passed by Parliament by a simple majority.

    a. The bill requires the recommendation of the president before Introduction.

    b. Before being introduced, the Bill must be referred by the president to the state legislature concerned for giving its views.

    c. The views, must be communicated within the specified period in the reference.

    d. The prescribed time limit can be extended (by the president).

    e. The Bill may be introduced even if no views have been communicated..

    f. Parliament is not bound to accept or act upon views of the state legislature.

    g. If the original bill is intended to be amended, it is not necessary to refer the amendments to the state legislature.

Article 4 - 4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.—(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Explanation- Article 4 states that laws legislated under article 3 and 4, may make supplemental, incidental and consequential provisions for making itself effective and may amend the first and fourth schedules of the constitution, without giving through the special formality of a law for the amendment of the constitution as prescribed by Article 368.

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