UNION AND IT'S TERRITORY
-
Article 1: Name and Territory of the Union: Article 1 declares that India, that is Bharat, shall be a Union of States. It describes the official name of the country as "India" and provides that the territory of India shall comprise the territories of the states, the Union territories, and any other territories that may be acquired by the Government of India.
-
Article 2: Admission or Establishment of New States: Article 2 empowers the Parliament of India to admit new states into the Union or establish new states by separating territories from existing states. It allows the Parliament to alter the boundaries, names, or territories of any state by a law passed with the consent of the concerned state's legislature.
-
Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States: Article 3 deals with the process of formation of new states, alteration of areas, boundaries, or names of existing states. It grants the Parliament the authority to create new states, merge existing states, or change their territories or names. However, such actions require prior consultation with the concerned state legislatures and, in some cases, approval through a resolution by the concerned state legislatures.
-
Article 4: Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules: Article 4 clarifies that any law made by the Parliament under Articles 2 and 3, which involves the creation of new states or alteration of boundaries, may also provide for the amendment of the First Schedule (names of existing states) and the Fourth Schedule (allocation of seats in the Rajya Sabha, the upper house of Parliament).
These articles define the basic structure of the Indian Union, including its name, territory, and how new states can be created. They also provide for the amendment of the First and Fourth Schedules, which list the states and union territories of India.
1.State reorganisation in Indian Constitution
The Indian Constitution provides for the reorganization of states on the basis of linguistic, economic, and administrative considerations. The first major reorganization of states took place in 1956, when the States Reorganization Commission (SRC) was appointed to recommend the reorganization of state boundaries. The SRC's recommendations were accepted by the government, and the States Reorganisation Act, 1956 was passed, which created 14 states and 6 union territories.
Since then, there have been several other reorganizations of states, including the creation of Telangana in 2014. The most recent reorganization was in 2000, when the states of Uttar Pradesh, Madhya Pradesh, and Bihar were divided into smaller states.
Historical examples of state reorganization in India include:
- The creation of new states like Telangana (carved out of Andhra Pradesh) and Uttarakhand (carved out of Uttar Pradesh) in 2014.
- The formation of new Union territories like Dadra and Nagar Haveli and Daman and Diu (by merging the territories of the two Union territories) in 2020.
- The reorganization of states along linguistic lines in the 1950s and 1960s, such as the creation of Andhra Pradesh, Kerala, and Karnataka.
-
Dar Commission (1948): The Dar Commission, chaired by S.K. Dar, was the first commission appointed to examine the question of linguistic states in India. It was established in 1948 to consider the demands for reorganizing states along linguistic lines. The commission recommended the formation of states based on linguistic considerations but faced criticism for not accepting some linguistic demands.
-
JVP Committee (1949): The Jawaharlal Nehru-Vallabhbhai Patel-Pattabhi Sitaramayya Committee, popularly known as the JVP Committee, was constituted in 1949 to reexamine the linguistic reorganization of states. It reaffirmed the need for linguistic states, and its recommendations formed the basis for the creation of Andhra Pradesh in 1953 as India's first linguistic state.
-
Fazal Ali Commission (1953): The States Reorganization Commission, chaired by Fazal Ali, was appointed in 1953 to reorganize states on a linguistic basis. The commission extensively studied linguistic, cultural, and administrative factors and recommended the formation of new states and the reorganization of existing ones. Its recommendations led to the creation of several linguistic states in 1956.
-
Shah Commission (1966): The Balwant Rai Mehta Committee, also known as the Shah Commission, was set up in 1966 to examine the feasibility of further reorganizing states in India. The commission recommended the creation of smaller states to enhance administrative efficiency and address regional imbalances.
-
Mandai Commission (1969): The Dhar Commission, chaired by Hukam Singh, was constituted in 1969 to investigate and suggest solutions to the demands for the reorganization of Punjab and its neighboring areas. The commission's recommendations led to the formation of the state of Himachal Pradesh and the Union Territory of Chandigarh.
-
Virappa Moily Commission (2000): The second States Reorganization Commission, chaired by M. Veerappa Moily, was constituted in 2000 to examine demands for the creation of new states, particularly for Telangana and Vidarbha. However, the government did not implement the commission's recommendations.
-
Justice B.N. Srikrishna Committee (2010): The committee, headed by Justice B.N. Srikrishna, was established in 2010 to study and suggest solutions to the demands for a separate state of Telangana. It submitted its report, which played a crucial role in the subsequent bifurcation of Andhra Pradesh to create Telangana in 2014.
Here are some key aspects that highlight the federal nature of the Indian Constitution:
-
Division of Powers: The Indian Constitution divides powers between the Union (central) government and the state governments. It enumerates the powers of the central government in the Union List (List I), the powers of the state governments in the State List (List II), and the concurrent powers shared by both in the Concurrent List (List III).
-
Dual Polity: India has a dual polity, where the central government and state governments are separate entities with their own jurisdictions and responsibilities. Each has its own legislative, executive, and financial powers.
-
Supreme Constitution: The Constitution is the supreme law of the land, and both the Union and state governments derive their authority from it. Neither the Union nor the state governments can act beyond the powers allocated to them by the Constitution.
-
Independent Jurisdiction: Both the Union and state governments have their own legislative bodies, namely the Parliament at the central level and the State Legislatures at the state level. Each has the authority to make laws within its respective domain.
-
Bicameral Legislature: At the central level, India has a bicameral legislature with the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This further emphasizes the federal character of the Indian Constitution.
-
Financial Autonomy: The Indian Constitution provides for financial autonomy to the state governments. States have their sources of revenue, and the Constitution lays down the mechanism for the distribution of financial resources between the central and state governments.
-
Residuary Powers: The residuary powers, which are the powers not specifically mentioned in any list, belong to the Union government. This means that any matter not mentioned in the Union List, State List, or Concurrent List falls under the authority of the central government.
-
Independent Judiciary: The Indian Constitution establishes an independent judiciary, which serves as the guardian of the federal structure. The judiciary interprets the Constitution and ensures that neither the central nor state governments exceed their constitutional boundaries.
