India i.e Bharat is a Union of states while United states of America (USA) is a coming together federation. Difference between both of them is that in a federation, division of powers is strict, while in Union, we are tilted towards centre or central government. That’s why India is a Union not a federation. Here in union, no states have right to secede from the union of India which is very important aspect for unity and integrity of India. Article 1 to 4 under Part I of the Indian Constitution deals with the Union and its territory.
Here we discuss article 1 to 4 – Part I of Indian Constitution in detail as :
Article 1 : Name and territory of the Union. (As per article 1, territory of India can be classified in 3 categories) :-
- Territories of the states
- Union territories
- Territories that may be acquired by Govt. of India at any time
Names of states and Union territories and their territorial extent are mentioned in the first schedule of the Constitution. Presently, we have 28 states and 8 Union territories in India.
Article 2 : Admission or establishment of new states.
This article empowers the Parliament for admission or establishment of new states in India. Note :- Here we are talking about addition of new areas or states which were not part of India till now. For example :
- French area of Pondicherry, Karaikal, Mahe and Yanam
- Portuguese settlements of Goa, Daman and Diu
- Sikkim into India.
Article 3 : Formation of new states and alteration of areas, boundaries or names of existing states
This article empowers the Parliament to :
- increase or decrease the area of any state.
- change the boundaries of any state.
- change the name of any state. For eg. Orissa to Odisha, Pondicherry to Puducherry, Uttaranchal to Uttarakhand.
- form a new state by separating an already existing state. For eg. Telengana from Andhra Pradesh, Uttarakhand from Uttar Pradesh, Chattisgarh from Madhya Pradesh, Jharkhand from Bihar etc.
- form a new state by uniting two or more states or by uniting any territory to any part of the state. For eg. Daman & Diu is merged with Dadar & Nagar Haveli.
Note :– Under this article, if any bill affects boundary, name of any state, then President before introducing the bill in Parliament, shall refer the bill to the concerned state legislature for its opinion. The notable point here is that Parliament is not bound to accept the opinion of state legislature here.
Note :- Under this article, if any bill affects boundary, name of any Union territory, it is not compulsory to refer the bill to the concerned union territory. Here, point is simple that these Union territories are already comes under Central government, that’s why there is no need to ask for opinion of Union territories in such matter.
- Trick :- Article 2 (नया) , 2 words hai (नया) mein, so new states in article 2.
- Trick :- Article 3 (पुराना) , 3 words hai (पुराना) mein, so already existing states in article 3.
Article 4 : Laws made under article 2 and 3 to provide for amendment of first and fourth schedule and supplemental, incidental and consequential matters.
As Ist schedule contains details about name and territorial extent of states and union territories, 4th schedule contains details about allocation of seats for states and union territories in Rajya Sabha. So, if any laws made under article 2 and 3, than it is mandatory to amend Ist and 4th schedule accordingly. For example : If Telengana is separated from Andhra Pradesh under Article 3, thus as per article 4, it is also required to amend Ist schedule (to enter the name and territorial extent of Telengana and Andhra Pradesh), 4th schedule (to allocate seats of Rajya Sabha to Telengana and Andhra Pradesh) respectively.
Note :- Article 4 declares that laws made under article 2 and 3 are not to be considered as amendment of Constitution under article 368, which means such laws can be passed by simple majority in the Parliament.
Hope you like the topic and its explanation, please feel free to ask any of your doubts with resepct to Union & its territory – article 1 to 4.
Read about Important articles of Indian Constitution by clicking here.
Read about 12 Schedules of Indian Constitution by clicking here.
Read about Important acts passed during British rule in India by clicking here.
Read about Parts of Indian Constitution by clicking here.
Nice trick🌹🌹
thanks