Union and its Territories: An Explanation

shrey singh
Feb 22, 2020
4 min read

Union and its Territories: An Explanation

Art. 1 Name and territory of the Union

(1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.

(3) The territory of India shall comprise—

(a) the territories of the States;

(b) the Union territories specified in the First Schedule; and

This article was amended by 7th Amendment Act, 1956 which done the classification of Part A,B,C and D States. This Amendment abolished the 4 categories and placed all States of Union on the same pedestal as a result of reorganisation made by State Reorganisation Act,1956. It has reduced these categories into 3 only namely: 1) States, 2) Union Territories 3) Other Territories that may be acquired.

Art 2. Admission or establishment of new States.—

Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

Whenever a new State will be acquired by India then this article has to be invoked. The word ‘such term and conditions’ indicates that there will not be any guarantee of equality to newly admitted State.

Art 3. Formation of new States and alteration of areas, boundaries or names of existing 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:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

Explanation I.—In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.

Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

The bare reading of this provision leads to the conclusion that

1) For the purpose of affecting the area, boundaries or name of any State(s).

2) A Bill has to be introduced in either house of Parliament on previous recommendation of President.

3) The Bill has to referred by President to State Legislature for it’s opinion which has to be given in limited time and is non-binding on Centre.

Therefore, it is submitted that very existence of a new State depends upon the will of the Central Government.

Question

1. [s1] The Parliament by law may alter the boundaries of a state, provided that no Bill for this purpose shall be introduced in either Houses of Parliament except

a) on the recommendation of the President.

b) unless…the bill has been referred by the President to the legislature of that state for expressing its views thereon

c) unless…the bill has been referred by the President to the council of ministers of that state for expressing its views thereon

d) on the recommendation of the President and unless the Bill has been referred by the President to the legislature of that state for expressing its views thereon

Cession of Indian territory to foreign country

Under Art. 3, Parliament by law may increase or diminish the area of any State but that does not mean that it can cede Indian Territory to a Foreign State, simply by passing a law under Art. 3. This question came before SC in a Reference made by President under Art. 143[1]. The Hon’ble SC said that an agreement involving a transfer of territory to a foreign state can only be implemented by way of Amendment under Art. 368.

Pursuant to this opinion, the Parliament passed 9th Amendment Act,1960 giving effect to transfer of territories to Pakistan which was done via agreement between the India and Pakistan.

Question

1 [s2] . The Constitution (One Hundredth Amendment) Act, 2015 gave effect to the exchange of

A). 51 Bangladeshi and 111 Indian Enclaves.

B). 51 Bangladeshi and 51 Indian enclaves.

C). 111 Indian and 111 Bangladeshi Enclaves.

D). 111 Bangladeshi and 51 Indian Enclaves

[1] AIR 1960 SC 845

[s1]2010

[s2]CLAT 2016