Here are the top 50 key facts about “Union and its Territory” (Part I of the Indian Constitution) with explanations to address common confusions and prepare effectively for the UPSC CSE exam:
Part I of the Constitution: Deals with the Union and its territory, covered under Articles 1 to 4.
Union of States: Article 1(1) declares India as a “Union of States,” emphasizing its indestructible nature.
Term “Union”: Preferred over “Federation” to highlight that states cannot secede from the Union.
Territory of India: Defined under Article 1(3) as comprising:
- States
- Union Territories
- Territories that may be acquired.
Indestructible Union, Destructible States: States can be reorganized, merged, or altered, but the Union remains intact.
Name and Boundaries of States: Parliament has the authority to alter state names or boundaries under Article 3.
Article 2: Empowers Parliament to admit new states into the Union or establish new states.
Article 3: Details the procedure for the reorganization of states, including alteration of boundaries and names.
Article 4: Laws under Articles 2 and 3 are not considered constitutional amendments under Article 368.
No Dual Citizenship: India provides single citizenship, unlike some federal countries like the USA.
Current States and UTs: As of now, India has 28 states and 8 Union Territories.
Union Territories Governance: Union Territories are governed directly by the Union Government or through a Lieutenant Governor/Administrator.
Article 239-241: Provide for the administration of Union Territories.
Special Status of Delhi and Puducherry: Governed under Article 239AA and 239A, with limited legislative powers.
Jammu & Kashmir Reorganization: The erstwhile state of Jammu and Kashmir was reorganized into two Union Territories (J&K and Ladakh) by the J&K Reorganization Act, 2019.
Sikkim as a State: Sikkim was initially a protectorate and became a full-fledged state in 1975 through the 36th Amendment Act.
Chandigarh: Serves as the capital of Punjab and Haryana but is a Union Territory.
Goa Liberation: Goa became a Union Territory in 1961 and attained statehood in 1987.
Andaman & Nicobar Islands: The first Union Territory of India.
Role of Parliament: Parliament has exclusive power to legislate on matters concerning Union Territories.
New State Creation: Parliament can create new states under Article 2 by admitting or establishing territories.
Reorganization of States: Article 3 enables Parliament to reorganize states based on linguistic, cultural, or administrative factors.
President’s Recommendation: Bills for altering state boundaries require the President’s prior recommendation.
State Legislature’s View: The President must refer the bill to the concerned state legislature for its opinion, but this opinion is not binding.
Legislative Competence: Parliament has overriding power in territorial matters, making states subordinate.
Berubari Case (1960): Clarified that ceding Indian territory to another country requires a constitutional amendment under Article 368.
Dadra and Nagar Haveli Merger: Merged with Daman and Diu into a single Union Territory in 2020.
Telangana Formation: Telangana was carved out of Andhra Pradesh in 2014, making it the 29th state (now 28 due to J&K reorganization).
Language Basis: States Reorganization Act, 1956, was the first major reorganization based on language.
Linguistic States Demand: Led to the creation of Andhra Pradesh (1953) as the first linguistic state.
Territorial Integrity: States do not have absolute territorial integrity; Parliament can alter boundaries without state consent.
Difference Between Articles 2 and 3:
- Article 2: Deals with new territories outside India being added to the Union.
- Article 3: Deals with internal reorganization of states.
Union vs. State Power: Union’s power to reorganize ensures India’s unity and integrity.
International Borders: Territories acquired through treaties or agreements become part of India’s territory under Article 1(3)(c).
Special Provisions for States: Some states like Nagaland, Mizoram, and Jammu & Kashmir (before 2019) had special provisions under Article 371.
Territorial Disputes: India’s stand on territorial issues (e.g., with China or Pakistan) relies on Article 1’s definition of Indian territory.
No Right to Secede: The Constitution does not grant states the right to secede from the Union.
Special UTs: Delhi and Puducherry have legislative assemblies, unlike other Union Territories.
Constitutional Flexibility: Part I demonstrates constitutional flexibility, allowing territorial adjustments without altering the basic structure.
Historical Precedents: Territorial changes like the Goa annexation and Sikkim’s merger show how India’s Constitution adapts to geopolitical realities.
International Treaties Impact: The ceding of Indian territory to another nation requires constitutional amendment (e.g., India-Bangladesh Land Boundary Agreement, 2015).
State Name Changes: Recent examples include Odisha (changed from Orissa in 2011) and Tamil Nadu (from Madras in 1969).
Union Territory to State: Several states, like Himachal Pradesh, Manipur, and Tripura, were initially Union Territories.
UT Mergers: Recent mergers include Daman and Diu with Dadra and Nagar Haveli in 2020.
Ladakh Administration: Governed directly by the Union Government without a legislature.
Federal Character Debate: The Union’s power to alter state boundaries often raises questions about India’s federal structure.
Flexibility of Boundaries: Territorial flexibility ensures India’s adaptability to changing geopolitical conditions.
Significance of Article 4: Prevents territorial adjustments from being classified as constitutional amendments, making the process simpler.
Territorial Definitions: “Territory of India” includes not just present states and UTs but also potential future acquisitions.
UPSC Relevance: Questions often test the distinction between Articles 2, 3, and 4, as well as the implications of territorial changes like the J&K reorganization.