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LUXMIKANT POLITY CRUX NOTES-CHAPTER-5

CHAPTER 5 – “UNION AND IT’S TERRITORY

Articles 1 to 4

•    Part 1 of the Constitution

•    “Union and its Territory”

Article 1

•      Name and Territory of the union

•      India, that is, Bharat is a union of states

•      States are dividing only for administrative convenience not that states have any predetermined identity.

•        First Schedule: these talks about the Names and territorial extent of states.

•        29 states and 7 union territories

•        Territory of India: States + UTs + territories that may be acquired by the Government of India.

•          Union of India: only states

•          India can acquire foreign territory as it is a sovereign state

•           Methods of acquisition: cession, occupation, conquest or         subjugation (following treaty, purchase, gift, lease or plebiscite)

•           India acquire Goa, Daman and Diu, Sikkim etc.

Article 2

•         Admission or establishment of new states.

•         Parliament can admit into the Union of India, or establish new states on such terms and conditions as it thinks fit.

Article- 2 A

•         Sikkim to be associated with the Union-Repealed

Article 3:-

(Parliament’s Power to Recognise the States)

•         Formation of new states and alteration of areas, boundaries or names of existing states.

•          Parliament can increase or decrease the areas of any state.

•          Alter the boundary or name of any state.

•          Create new states by

◦         Separating territory from any state.

◦         Uniting states or parts of states

◦         Uniting territory with states or part of states

•        Parliament can redraw the political map of India according to its will”

•        To do this, President has to get the views of the state legislature concerned.

•       Then, can recommend the introduction of bill to the Parliament (not possible without Presidents recommendation)

•       President not bound by the views of the state.

•       For UTs, Parliament can take decisions without reference of the President or opinion of the UT.

Article 4

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    Laws made under Article 2 and 3

•      i.e., admission or establishment of new states and formation of new states and alteration of areas, boundaries or names of existing states.

•        Are not amendments under Article 368

•        Needsimple majority. (constitution is flexible)

•         Ordinary Legislative process.

Berubari Union Case

•       In 1960, SC examined if the power of the Parliament to diminish areas of states means that the Parliament can cede the Indian Territory.

•      The Central govt. Had decided to cede the territory of Berubari Union in West Bengal to East Pakistan.

•      SC said that the Parliament cannot Indian territory to a foreign country under Article 3

•      Can only cede by amendment under Article 368.

•        Thus, 9th CA 1960.

•         But settlement of boundary dispute can be through execution action no need for CA.

100th CA, 2015

•        For exchange of certain territories between India and Bangladesh

•         India to Bangladesh: 111 enclaves

•        Bangladesh to India: 51 enclaves

•        Demarcations of 6.1 km Border

•        Modified territories of Assam, West Bengal, Meghalaya and Tripura.

   India- Bangladesh Boundary

1.   4000 km

2.   Determined by Radcliffe Line, 1947

3.   BaggeAward (1950) and NehruNoon Agreement (1958) tried to resolve some disputes.

4.   1960: Berubari union case, 9th CA

5.   1974: Land Boundary Agreement b/w India and Bangladesh

6.   To solve the demarcation of the boundary issue.

7.   Not ratified as it involved some exchange of territory which would need CA.

8.   2011: Protocol to the 1974 Agreement

◦   Governments of Assam, Meghalaya, West Bengal and Tripura coordinated.

9.   2015: Revised version of 1974 Agreement adopted, i.e. 100th CA.

Integration of Princely States

1.   At the time of Independence, 552 princely states in the Indian Boundary.

2.   549joined India.

3.   Hyderabad, Kashmir and Junagarh refused to join.

4.   Integration of these 3 states took place as:

•              Hyderabad: police action

•              Junagarh: Referendum

•              Kashmir: Instrument of Accession.

Reorganization of States

1.   Initially, ad hoc structuring on status in four parts.

2.   Demand for reorganization on a Linguistic basis.

3.   June 1948: JPV Committee

•     Chair: SK Dhar (Dhar Commission)

•      Suggested Administrative convenience over linguistic reorganization.

4.   December 1948: JPV Committee

•   Jawaharlal Nehru, Sardar Vallabhbhai PATEL and Pattabhi Sitaramayya

•    Rejected Language as basis for reorganization.

5.   October 1953: The government forced to create Andhra Pradesh out of Madras on a Linguistic basis.

•    Extended agitation and death Gandhian activist and prominent congress Leader Potti Sriramulu after a 56-day hunger strike.

6.   December 1953: 3 member states Reorganisation commission appointed under Fazl Ali (Fazl Ali Commission)

•     KM Panikkar and H N Kunzru

•      Rejected one Language one state theory.

•      4 factors should be considered while states reorganization

•       Unity and security of India

•       Linguistic and cultural homogeneity

•       Considerations of finance, the economy and administration

•        Welfare of people and nations.

•          Suggested 16 states and 3UTs over the existing 4 part division of states.

•      Recommendations accepted

•       States reorganization Act 1956

•        7th CA 1956

The territory of India in 1956

14 States and 6 UTs created;

States: Andra Pradesh, Assam, Bihar, Bombay, Jammu and Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal

UTs: Andaman and Nicobar Islands; Delhi; HimachalPradesh; Laccadive, Minicoy and Amindivi Islands; Manipur; Tripura.

Evolution of States and UTs

Year State/UT Details

·         1953– Andhra Pradesh Out of Madras; first linguistic state

·         1954 — Daman and Diu Occupied from Portuguese,10th CA 1961: UT

·         1954– Puducherry Occupied from the French, 14th CA 1962: UT, Name Change 2006

·         1960– Maharashtra & Gujarat Bombay divided

·         1961– Goa, Daman & Diu Acquired from Portuguese with police action.

·         12th CA 1962: UTs

·         1987– Statehood to Goa

·         1963– Nagaland Naga Hills and Tuensang carried out of Assam.

·         1966– Haryana & Chandigarh Carried out of Punjab, on the recommendation of the Shah Commission (1966); demand for Sikh homeland by Akeli Dal, Led by Master Tara singh.

·         1971– Himachal Pradesh Statehood (18th state of Indian union

·         1971– Meghalaya, Manipura & TripuraStatehood

·         1975– Sikkim 36th CA1975: Full statehood, Article 2A and Schedule 10 repealed, Article 371F added (after Referendum)

·         History: Till 1947, a primely state ruled by Chogyal Protectorate in 1947 35th CA 1974 made Sikkim an Associate state, added Article 2A and Schedule 10 (terms of Association).

·         1987– Mizoram & Arunachal Pradesh From UT to state via 1986: Mizo Peace Accord-CooI and Mizo National Front

·         2000– Chhattisgarh, Jharkhand & Uttarakhand From MP, Bihar and UP respectively

·         2014—Telangana From Andhra Pradesh

Name Change

YearState/UTName changed to

·         1950– United Provinces   became Uttar Pradesh

·         1969– Madras became Tamil Nadu

·         1973– Laccadive, Minicoy and Amindivi Islands became Lakshadweep Islands

·         1973– Mysore became Karnataka

·         1992– Delhi     69th CA 1991: National Capital Territory of Delhi

·         2006– Uttaranchal became  Uttarakhand

·         2006– Pondicherry became Puducherry

·         2011– Orissa became Odisha

Article Related to Union and its Territory

Article No. and 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 Article 2 and 3 to provide for the amendment of the First and Fifth Schedules and supplemental, incidental and consequential matters.

Article (1- 4)

Union and its Territory

Art- 1

   Not on federation-

1.  Territory of state

2.   UT, that are acquired with time –

•              Purchase

•              8UT lease

•              Occupation, conquest

•              subjugation

Art- 2

Empowers for admission of New state in Union of India or establish, new state on such condition he think fit.

Art- 3

Authorizes Parliament to-

A.   From a new state by separation of territory for any state by Uniting

B.   Increase the size (area)

C.   Diminish the size (area)

D.   Alter the boundaries of State

E.    Alter the name of any state

Bill –

•     Introduced with prior recommendation of the President.

•       Before permission President can refer to state for expressing its viewinspecified time not binding, president can reject: Parliamentary supremacy.

•              India is an Indestructible Union of destructible states whereas USA is an Indestructible union of destructible states.

Art- 4

•              Acc. To Art 4, such a bill itself contains the provisions of amendment of schedule 1 & 4 and for this no separate Constitutional Amendment under Art. 368 required.

•              First Linguistic state ‘Andhra State’

    Power to diminish under Article 3 –

•              9th CA 1960 was done to transfer Region of Berubari.

•              100th CA 2014, to transfer & acquiring each other.

•              Territory, India – 111 B’desh (40967.7 KM) – 51 India.

Dhar Commission

•              Need – Integration was purely on adhoc agreement.

•              Demand of state on Linguistic basis in South (inc.)

Fazal Ali Commission

  Fazal Ali + KM Panikkar + HN KUNZRU

•      Rejected theory of one state one Language.

•      Linguistic & Cultural homogeneity.

•      Financial & Economic consideration.

•      Plumbing & promotion of Welfare of people end the four-fold classification of state.

•       Preservation & strengthening of the Unity & securing of the country.

•       As a result 14 states + 6 UT on November 1, 1956.

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