Article 1 To 4 Of Indian Constitution
NAME OF THE UNION
Part I of the Constitution contains articles 1 to 4 that deal with the Union and its territory.
Article 1 of the Indian constitution includes the Union's name and territory, which reads as follows:
1. (1) India, that is Bharat, shall be a Union of States.
(2) The states and territories of the United States are defined in the First Schedule.
(3) India's territory consists of the following:
a) State territories
b) The territories of the Union listed in the First Schedule; and
c) Any additional territories that may be acquired.
India, or Bharat, is described in Article 1 as a 'Union of States,' rather than a 'Federation of States.' This provision addresses two issues: first, the name of the country, and second, the type of polity.
INDIA OR BHARAT?
In the Constituent Assembly, there was no consensus on the name of the country. Some members advocated for the traditional name (Bharat), while others preferred the modern name (India). As a result, the Constituent Assembly had to choose between the two('India, that is, Bharat'). The country is referred to as a "Union" in Article 1, despite the fact that its Constitution is federal in nature. The term 'Union of States' has been preferred over 'Federation of States,' according to Dr. B R Ambedkar, for two reasons:
1) Unlike the American Federation, the Indian Federation is not the result of a state-to-state agreement.
2) States do not have the right to secede from the union.
The Indian Federation is an indestructible Union of destructible Units
Because it is indestructible, the federation is called a Union. Though the country and its people are divided into different states for administrative convenience, the country and its people are one integral whole, living under a single imperium derived from a single source. The Americans had to fight a civil war to prove that the states did not have the right to secede and that their union was unbreakable. The Drafting Committee decided that it was preferable to make it clear from the start rather than leave it open to speculation or disagreement.
TERRITORY OF THE UNION
According to Article 1, India's territory is divided into three categories:
1) Territories of the states
2) Union territories
3) Territories that the Indian government may acquire at any time.
It's important to distinguish between the terms "Union of India" and "Indian Territory." Only the States that are members of the federal system and share a power distribution with the Union are included in the Union of India. The Union Territories are not included in the "Union of States," whereas the term "Territory of India" refers to both the States and the Union Territories, as well as any other territories that India may acquire. The States and Territories of the United States are listed in the Constitution's First Schedule.
The first schedule of the Constitution lists the names of states and union territories, as well as their territorial extent. There are currently 29 states and 7 union territories in the United States. The Constitution's state provisions apply to all states (except Jammu and Kashmir) in the same way.
The special provisions (under Part XXI) that apply to Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka override the general provisions that apply to the states as a group. Additionally, the Fifth and Sixth Schedules contain separate provisions for the administration of scheduled areas and tribal areas within the states. India, as a sovereign state, has the authority to acquire foreign territories in accordance with international law.
• Suspension (following treaty, purchase, gift, lease or plebiscite)
• Occupation (hitherto unoccupied by a recognised ruler)
• Conquest or subjugation.
ADMISSION OR ESTABLISHMENT OF NEW STATES
The admission or establishment of new states is addressed in Article 2 of the Indian constitution, which reads as follows:
2. By law, Parliament may admit or establish new states into the Union on whatever terms and conditions it sees fit. 2A. [Sikkim to become a member of the Union] The Constitution (Thirty-sixth Amendment) Act of 1975, s. 5 amends the Constitution (w.e.f. 26-4-1975)
Article 2 of the Constitution gives Parliament authority over the admission or establishment of new states. Parliament has used this power to admit the French settlements of Pondicherry, Karaikal, Mahe, and Yanam, as well as the Portuguese settlements of Goa, Daman, and Sikkim, into India. Article 2 deals with the admission or formation of new states that were not previously a part of India. Article 3 on the other hand, deals with the formation or creation of new states following the reorganisation of existing states that are already part of India.
As a result, Article 2 gives the Parliament two powers: (a) the power to admit new states to the Union of India, and (b) the power to establish new states. The first refers to the admission of states that already exist, while the second refers to the creation of states that have never existed before.
FORMATION OF NEW STATES AND ALTERATION OF NAMES, AREAS ETC
The formation of new states and the alteration of areas, boundaries, or names of existing states are addressed in Article 3 of the Indian constitution, which reads as follows:
3. Parliament may by law—
(a) Create a new state by separating territory from an existing state, joining two or more states or parts of states, or joining any territory to a part of an existing state;
(b) Expand the size of any State;
c) Reduce the size of any state;
(d) Change the borders of any state;
(e) Change any state's name:
[Provided that no Bill for the purpose shall be introduced in either House ofParliament except on the President's recommendation, and unless 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 expression of 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 Constitution empowers Parliament to create a new state by separating territory from another state, uniting two or more states or parts of states, or joining any territory to a part of another state (Article 3). The Constitution also states that Parliament has the authority to increase or decrease the size of any state, as well as to change its boundaries or name. However, certain procedures must be followed by Parliament in this regard. Only on the President's recommendation, a Bill enacting any or all of the above changes can be introduced in either House of Parliament.
If a bill affects the area, boundary, or name of a State, the President shall refer the bill to the State Legislature concerned for its opinion before introducing it in Parliament, setting a time limit within which the State Legislature may express an opinion. The President has the authority to extend the time limit. The State Legislature is deemed to have expressed its views if it fails to express an opinion within the time limit. Parliament is not obligated to accept or act on the views of the State Legislature if it submits them within the specified or extended time frame. Furthermore, every time an amendment to the Bill is proposed and accepted, there is no need to make a new reference to the State Legislature. The Billis was approved by a simple majority vote.
However, before a Bill affecting the boundaries or names of Union Territories is introduced, it is not necessary to obtain the views of the Legislatures of Union Territories. Such a bill was introduced in Parliament in respect of Mizoram, Arunachal Pradesh, Goa, Diu, and Daman, for example, without obtaining such views. Article 3 thus demonstrates the vulnerability and reliance of the States' territorialintegrity on the Union, whereas in federations such as the United States or Australia, the federation cannot change the boundaries or names of States without the States' consent.
LAWS MADE UNDER ARTICLE 2 AND 3
Article 4 refers to laws enacted under Articles 2 and 3 that amend the First and Fourth Schedules, as well as supplemental, incidental, and consequential matters. It reads as follows:4. (1) Any law referred to in article 2 or article 3 shall contain such provisions for amending the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law, as well as such additional, incidental, and consequential provisions (including provisions regarding representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) For the purposes of article 368, no such law shall be deemed to be an amendment to this Constitution.
The First Schedule (the names of the states in the Union of India) and the Fourth Schedule (the names of the states in the Union of India) can be changed as a result of Article 4. (number of seats each State is allotted in the Rajya Sabha). It also states that no law altering or creating existing states will be considered a constitutional amendment. It is consistent with previous provisions requiring only a simple majority in Parliament and suggests that the Union has complete control over the territories of individual Union states.
CESSION OF INDIAN TERRITORY TO OTHER COUNTRY
Is it true that Parliament's power to reduce a state's area (under Article 3) also includes the power to cede Indian territory to a foreign country? This issue was brought before the Supreme Court in 1960 as a result of a presidential referral. The Central government's decision to hand over part of the Berubari Union (West Bengal) to Pakistan sparked political upheaval and controversy, necessitating the Presidential reference.
The Supreme Court ruled that Parliament's power to reduce a state's area (under Article 3) does not apply to the cession of Indian territory to a foreign country. As a result, the only way to cede Indian territory to a foreign state is to amend the Constitution under Article 368. As a result, the 9th Constitutional Amendment Act of 1960 was passed, transferring the disputed territory to Pakistan. The Supreme Court, on the other hand, ruled in 1969 that resolving a boundary dispute between India and another country does not necessitate a constitutional amendment. Because it does not involve the cession of Indian territory to a foreign country, it can be done through executive action.
The 100th Constitutional Amendment Act (2015) was enacted to give effect to India's acquisition of certain territories and the transfer of other territories to Bangladesh in accordance with the agreement and its protocol between the Indian and Bangladeshi governments. Under the terms of the agreement, India gave Bangladesh three enclaves and Bangladesh gave India 51 enclaves. The agreement also included the transfer of adverse possessions and the demarcation of a 6.1-kilometer stretch of unmarked border. The amendment changed the provisions in the First Schedule of the Constitution relating to the territories of four states (Assam, West Bengal, Meghalaya, and Tripura) for these three purposes.