The Union and its Territories

Introduction 

• Articles under Part I of the Constitution specify the provisions related to the Union and its Territory. Article says that India, that is Bharat, shall be a Union of States rather than a Federation of States. Parliament may, by law, admit new states into the Union of India or establish new states on such terms and conditions as it thinks fit. 
• At present, the Union of India consists of 28 States and 8 Union Territories. India came into existence in its present form after the integration of the British-Indian Territories and Princely States. 

Articles Related to States and Union Territories 

Article Description 

• Article 1 -Articles Related to States and Union Territories 
• Article 2 - Bharat as a Union of States. 
• Article 3 - Empowers the Parliament to 'admit into the Union of India' or establish new states on such terms and conditions as it thinks fit. 
• Article 4 - It empowers the Parliament to make laws relating to the formation of new states and alteration of existing states. 

Law made for admission or establishment of new states and formation of new states and alteration of areas, boundaries, or names of existing states (under Article 3) are not to be considered amendments of the Constitution under Article 368. 

Constitutional Provisions related to Creation of New States 

Part 1 of the Constitution, from Article to Article 4 expressly deals with the Indian Union and its Territories. 

Article 1

• Article 1 describes India, that is, Bharat as a Union of States rather than a Federation of States The provision deals with the name of the country and type of polity. 
• The 1st Schedule of the Constitution contains the name of the State and Union Territories and their territorial extent. The provisions of the Constitution pertaining to the states are applicable to all the states in the same manner. 
• The term Union of States was suggested by Dr BR Ambedkar, which indicates two things; first, the Indian federation is not the result of an agreement among the states and second, the Union/States do not have right to secede from the Union. Therefore, India is called as Indestructible Union of destructible states 
• The expression Union of India needs to be distinguished from the expression Territory of India. While the Union of India includes only the states which share federal powers with the Centre. 
• Territory of India Includes the entire territory over which India has sovereign rights. Apart from the states, the territory of the country includes the Union Territories and other territories acquired by India. 
• The government can also acquire foreign territory without any Parliamentary approval. 

Article 2 

• There are two powers given to Parliament by Article 2, namely 
• As per Article 2, Parliament may by law admit into the Union of India or establish new states on such terms and conditions as it thinks fit. 
  1. The power to admit new States into the Union and 
  2. The power to establish new states. 
• India passed the 35th Amendment Act, 1974, which inserted new Article 2A, making Sikkim an associate state of the Indian Union. Parliament enacted the 36th Amendment Act, 1975, and Sikkim became the 22nd state of the Indian Union. 

Article 3 

Under Article 3, Parliament has the power to reorganize the states in the following ways: 

• Increase the area of any state. 
• Diminish the area of any state. 
• Alter the boundaries of any state. 
• Alter the name of any state. 

Three conditions in this regard under Article 3 are as follows: 

• A bill contemplating the above changes can be introduced in either House of Parliament only with the prior recommendation of the President. 
• Before recommending the bill, the President has to refer the same to the State Legislature concerned for expressing its views within a specified period. These provisions were not included in the original Constitution; they were added by the Amendment Act, 1956. 
• The Parliament or the President is not bound by the views of the legislature and may accept or reject the proposal, even if the views were received on time. 
• Under Article 2 and 3, the bill related to the establishment of new states or their admission and changes in the name, area, and boundaries of existing states, etc., can be passed by a simple majority without any special procedure, like any other ordinary legislation. 
• In other words, the Union Government can alter the boundaries of the state, unlike the United States of America, where the boundaries of states cannot be altered by the federal government without the consent of the states. 

Creation a New State: 

• The establishment of a new state involves a series of legislative and procedural steps outlined as follows: 
  • Parliament's Role: The creation of a new state, alteration of state boundaries, or changes to existing state names necessitates the passage of a law by the Parliament. 
  • Presidential Recommendation: No bills pertaining to new state formation or alterations can be introduced without the President's recommendation. Before introducing a bill, the President refers it to the concerned State Legislature for its opinion within a specified timeframe. 
  • State Legislature Opinion: The State Legislature's opinion is sought, and if not received within the stipulated time, the deadline may be extended. However, the Parliament is not bound by the State Legislature's views. 

Article 4  

• Article 4 clarifies that laws related to new state admission or establishment under Article 2 and changes to existing states under Article 3 are not considered constitutional amendments (Article 368). This implies that such laws can be passed through a simple majority and the regular legislative process. 

Ceding Territory to a Foreign Country: 

• Article 4 raises a crucial question regarding Parliament's power to cede Indian territory to a foreign nation. In the Berubari Union case, the Supreme Court ruled that Parliament's power to diminish state area does not extend to cession of Indian territory to a foreign country. 

Constitutional Amendments: 

• The 35th Amendment Act of 1974 designated Sikkim as an Associate State, a unique status. It introduced Article 2A, outlining Sikkim's association with the Union. The 10th Schedule defined the territories of Sikkim and the conditions of its association. 

Repealing Amendments: 

• The 36th Amendment Act of 1975 repealed the 35th Amendment, granting Sikkim full statehood status in the Indian Union. 

Associate Statehood: 

• An Associate State refers to a political territory with partial statehood in a formal, free relationship with a nation. Sikkim's unique status as an Associate State paved the way for its eventual full statehood. 

Reorganization of States: 

• Post-independence, India comprised British Provinces and Princely States. Most Princely States joined India, while a few initially refused but later integrated. 
• The Indian Independence Act of 1947 created India and Pakistan as independent dominions, offering three options to Princely States: join India, join Pakistan, or remain independent. Integration of Princely States in Post-Independence India 
• Following independence, various Princely States joined India under different circumstances. Some integrated soon after Independence, while others underwent specific processes: 
  • Junagadh Princely State: Merged with India based on a plebiscite. 
  • Hyderabad Princely State: Annexed through military action (Operation Polo). 
  • Jammu and Kashmir: The ruler, Hari Singh, joined India by signing a letter of accession due to the invasion of Pakistani tribals. 
• The visionary policy and diplomatic efforts of the then Home Minister, Sardar Vallabhbhai Patel, played a crucial role in the successful merger of these Princely States. 

Post-Independence State Classification: 

• After Independence, states in India were categorized into four groups: A, B, C, and D. This classification resulted from the integration of British Provinces and Princely States. The breakdown is as follows: 
  • Part A: Former Governor's provinces of British India.  
  • Part B: Former Princely States with legislatures.  
  • Part C: Comprising certain Chief Commissioner provinces and some Princely States.  
  • Part D: Andaman and Nicobar Islands. 
• The Constitution of India, effective from January 26, 1950, declared India a sovereign democratic republic, forming a Union of States under the new constitutional framework. 

States in Different Parts 

Committees and Commissions for State Reorganization 

• During British rule, provinces were established based on political and administrative needs rather than discretion or populist considerations.  
• After independence, temporary classification of Princely States as Indian States was made. Following independence, demands for state reorganization on linguistic grounds, especially from South India, led to the formation of various commissions. 

Dhar Commission

• Various regions, especially South India, called for the reorganization of states based on linguistic considerations. 
• In response, the Government of India appointed the Linguistic Provinces Commission in June 1948, chaired by SK Dhar, to assess the possibility of organizing states linguistically. 
• The commission dismissed the linguistic foundation for state reorganization, proposing instead that states be reorganized based on administrative convenience. 

JVP Committee

• The dissatisfaction caused by the Dhar Commission's report prompted the formation of a new Linguistic Provinces Committee in December 1948 to investigate the linguistic aspects of state reorganization. 
• Comprising Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya, the committee was commonly referred to as the JVP Committee. It, too, dismissed language as the foundation for the reorganization of states. 

Fazl Ali Commission

• The establishment of Andhra Pradesh triggered requests from various regions for the establishment of states based on linguistic lines. 
• In response, the Government of India appointed a three-member States Reorganization Commission in 1953 to examine the matter of redrawing state boundaries. 
• Hriday Nath Kunzru and KM Panikkar, the members of the Fazl Ali Commission, revisited the entire question and submitted their report in September 1955. The commission extensively endorsed language as the basis for the reorganization of states.  
• Fazl Ali Commission acknowledged four major factors to consider in any reorganization scheme: 
  • Linguistic and cultural homogeneity 
  • Preservation and strengthening of the unity and security of the country 
  • Financial, economic, and administrative considerations 
  • Planning and promotion of the welfare of the people in each state as well as of the Nation as a whole. 
  • The recommendations of the Fazl Ali Commission were widely accepted, leading to the enactment of the States Reorganization Act, 1956, and the 7th Constitutional Amendment Act, 1956.  
  • These changes eliminated the distinction between Part-A and Part-B states, and Part-C states were abolished. On November 1, 1956, after reorganization, 14 States and 6 Union Territories were created. 

Linguistic movements  

• In the early 1950s, political movements advocating the creation of new, linguistic-based states gained momentum in India. Sriramulu's fast unto death protest fueled regional agitation, resulting in the demand for Statehood for Telugu-speaking people.  
• Responding to popular demand, the 16th Northern, Telugu-speaking districts of Madras became the new state of Andhra in October 1953, with Kurnool as its capital. 
• In 1956, Hyderabad was declared the state's capital, and the boundaries were changed again in 2014 when Telangana was carved out of Andhra Pradesh as per the Andhra Pradesh Reorganization Act, 2014.  
• Andhra Pradesh stands as the first state created on a linguistic basis in India. Similar movements also unfolded in Mysore, Bombay, and Kerala regions, advocating for the creation of linguistic states. 

Shah Commission 

• The Shah Commission report of 1966 led to the passing of the Punjab Reorganisation Act in Parliament. 
• As a result, Haryana received the Hindi-speaking areas, while the hilly regions became part of the Union Territory of Himachal Pradesh. 
• Chandigarh, designated as a Union Territory, served as the shared capital for both Punjab and Haryana. 
• These states have several shared institutions, including universities, high courts, and key components of the power system. 

Formatting Details of States (According to year Chronology) 

Formation of Union Territories  

• Following the enactment of the States Reorganisation Act of 1956, Part-C and Part-D states were amalgamated into a unified category known as Union Territory.  
• The concept of Union Territory (UT) was introduced through the Constitution (Seventh Amendment) Act, 1956. UTs, considered federal territories, are under the administration of the Union Government of India.  
• In these territories, Lieutenant Governors are appointed by the President of India, who functions as their administrators. 
• Puducherry, Jammu and Kashmir, and Delhi were exceptions to the standard UT structure as they were granted Partial Statehood. Consequently, these regions have elected legislatures and governments. 

The formation of specific Union Territories unfolded as follows: 

• Delhi: 
  • Initially a state, Delhi lost its statehood after the State Reorganisation Act of 1956. 
  • In 1991, it gained Partial Statehood status and became the National Capital Territory of Delhi. 
• Puducherry: 
  • Merged into the Republic of India in 1954 after gaining independence from French rule. 
  • Granted Partial Statehood in 1963. 
• Chandigarh: 
  • Attained Union Territory status in 1956. 
• Lakshadweep: 
  • It became a Union Territory in 1956. 
• Goa, Daman, and Diu: 
  • Merged into the Republic of India in 1961 after achieving independence from Portuguese rule. 
  • Goa was granted Statehood in 1987, becoming the first Union Territory to receive such status. 
• Jammu and Kashmir: 
  • In 2019, the Jammu and Kashmir Reorganisation Act, 2019, reconstituted the state into two Union Territories—UT of Jammu and Kashmir and UT of Ladakh. 

These transformations highlight the evolution of Union Territories in India over the years. 

• Jammu and Kashmir were reorganized into two Union Territories—UT of Jammu and Kashmir and UT of Ladakh. 
• In 2020, Dadra and Nagar Haveli, and Daman and Diu were consolidated into a single Union Territory known as Dadra and Nagar Haveli and Daman and Diu. 
• The Andaman and Nicobar Islands form a Union Territory of India, comprising 572 islands, of which 38 are inhabited. Positioned at the junction of the Bay of Bengal and the Andaman Sea, these territories are governed by Articles 239 to 241 under Part-VII of the Constitution. 
• Although all Union Territories share a common category, there is a lack of uniformity in their administrative systems. 

Union Territories and Their Year of Formatting 

Formation of New States in India 

• Post-independence, there has been a surge in demands for the creation of new states, such as Uttarakhand from Uttar Pradesh, Jharkhand from Bihar, Chhattisgarh from Madhya Pradesh, Telangana from Andhra Pradesh, Vidarbha from Maharashtra, Bodoland from Assam, Gorkhaland from West Bengal, Kodagu from Karnataka, Pondicherry, and Delhi. 
• In response to these demands, several new states have been established. For instance, Uttarakhand, Jharkhand, and Chhattisgarh were carved out from Uttar Pradesh, Bihar, and Madhya Pradesh, respectively, in the year 2000. 
• The decision to create these states was made by the Central Government, taking into consideration practical challenges, such as difficulties in effective administration due to large population and area, socio-economic backwardness, and other relevant factors. 

Andhra Pradesh State Reorganisation Act, 2014 

• The Telangana Bill, officially the Andhra Pradesh State Reorganisation Act, 2014, led to the division of Andhra Pradesh into two distinct entities - Andhra Pradesh and Telangana. The formation of Telangana as a separate state was completed on 2nd June 2014. 
• Hyderabad will serve as the shared capital for both states under the Governor's arrangement until a new capital is established for Andhra Pradesh. The bill addresses various aspects such as boundary division, liabilities, resource distribution, and the status of Hyderabad between the two states. The Shri Krishna Commission was appointed to provide recommendations on these matters. 

Jammu and Kashmir State Reorganisation Act, 2019 

• On 31st October 2019, Jammu and Kashmir and Ladakh were officially designated as two Union Territories of India. 
• The Jammu and Kashmir Reorganisation Act, 2019, introduced in Parliament by the Union Home Ministry on 5th August 2019, received approval from the President on 9th August 2019 after being passed by the Parliament. 
• Under this act, the state of Jammu and Kashmir was reorganized into two Union Territories - the Union Territory of Jammu and Kashmir with a legislature and the Union Territory of Ladakh without a legislature. 
• The UT of Ladakh includes two districts (Kargil and Leh), while the UT of Jammu and Kashmir encompasses the remaining areas of the former state. Two Deputy Governors (Lieutenant Governors) will be appointed by the President to govern each Union Territory. 
• On 5th August 2019, through a presidential order, most provisions of Article 370, excluding Article 370(1), granting special status to Jammu and Kashmir, were revoked.  
• Consequently, Article 35(A) was also automatically nullified. Jammu and Kashmir had initially joined the Indian Union on 26th October 1947, under Article 370 of Part XXI of the Constitution, which provided it with special status.  
• This special status, granted temporarily in 1952 and later enshrined in a separate constitution for Jammu and Kashmir, was abolished in 2019, leading to the division of the state into two Union Territories. 

Changes in Names of States and Union Territories