Union & its Territory

• Article 1: India, that is Bharat, shall be a Union of States
• – Union of States = Only States
• – Territory of India = States + UTs + any future acquisitions
• Article 2: Parliament can add new states
• Article 3: Parliament can change boundary/name of existing states
• Article 4: Laws made under Art. 2&3 (to amend Schedules 1&4) are not constitutional amendments under article 368

• ‘Union of States’ instead of ‘Federation of States’ because:
• – India is not result of an agreement among the states (e.g. USA)
• – States have no right to secede from the federation
• India is divided into states only for administrative convenience
• Article 2 is for adding new territory e.g. Goa, Sikkim, Puducherry, D&D, D&N Haveli
• Article 3 is for existing territory e.g. Telangana, Uttarakhand, Jharkhand, Chhattisgarh

• 1. President must refer the Bill to State legislature (no need if UT)
• 2. Irrespective of response, President recommends Bill to be introduced in Parliament

• 1. Simple majority in both LS & RS ✔
• ✗ 2. Special majority in both LS & RS
• ✗ 3. Special majority in both LS & RS and ratification by half of the States

• 1. Executive action is sufficient
• 2. Constitutional amendment not needed

• 1. Executive action is insufficient
• 2. Amendment u/a 368 is necessary

• 1. India is described as ‘an indestructible union of destructible states’ (Ambedkar)
• 2. USA is described as ‘an indestructible union of indestructible states’
• Reason: Indian Parliament can redraw the political map of India without state’s consent.
• Remember: Territorial integrity or continued existence of any state is not guaranteed by the Indian Constitution.
• ‘Territory of India’ is a wider expression than ‘Union of India’
• 1. Union of India includes only states
• 2. Territory of India includes states, Union Territories and future acquisitions

• 1953 — Andhra
• 1960 — Gujarat, Maharashtra
• 1963 — Nagaland
• 1966 — Haryana
• 1971 — Himachal
• 1972 — Manipur, Meghalaya, Tripura
• 1975 — Sikkim
• 1987 — Arunachal, Goa, Mizo
• 2000 — Chhattisgarh, Jharkhand, Uttrakhand
• 2014 — Telangana
• 1948 — Dhar Commission by Govt;
  JVP committee by Congress (Linguistic Provinces Commission) — X Linguistic basis;
  Administrative convenience ✔
• 1953 — First linguistic state Andhra created States Reorganisation (Fazal Ali) Commission — Report in 1955 Accepted linguistic basis
• 1956 — States Reorganisation Act 1956 7th Constitution Amendment Act 1956 — 14 states and 6 UTs created
• 1960 — Bombay Reorganisation Act, 1960 — Bombay divided into Maharashtra and Gujarat
• 1966 — Punjab Reorganisation Act, 1966 Shah Commission — Punjab divided to create Haryana and Chandigarh

1. Sikkim-Arunachal Haryana
2. Nagaland-Haryana-Sikkim-Arunachal Pradesh
3. Sikkim-Haryana-Nagaland-Arunachal Pradesh
4. Nagaland-Arunachal Haryana

Answer: Nagaland-Haryana-Sikkim-Arunachal Pradesh

Nagaland 1963 → Haryana 1966 → Sikkim 1975 → Arunachal Pradesh 1987.