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    The Union and Its Territory

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    Sona Narula
    The Union of India refers to the federal structure consisting of states that share powers with the central government. It does not include the entire territory of India. Article 1 establishes India as a union of states. Article 3 allows parliament to form new states or alter the boundaries of existing states through a simple majority vote, without state consent. The constitution provides flexibility to change the structure and boundaries of states.

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    The Union and Its Territory

    Uploaded by

    Sona Narula
    177 views2 pages
    The Union of India refers to the federal structure consisting of states that share powers with the central government. It does not include the entire territory of India. Article 1 establishes India as a union of states. Article 3 allows parliament to form new states or alter the boundaries of existing states through a simple majority vote, without state consent. The constitution provides flexibility to change the structure and boundaries of states.

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    The Union of India refers to the federal structure consisting of states that share powers with the central government. It does not include the entire territory of India. Article 1 establishes India as a union of states. Article 3 allows parliament to form new states or alter the boundaries of existing states through a simple majority vote, without state consent. The constitution provides flexibility to change the structure and boundaries of states.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    177 views2 pages

    The Union and Its Territory

    Uploaded by

    Sona Narula
    The Union of India refers to the federal structure consisting of states that share powers with the central government. It does not include the entire territory of India. Article 1 establishes India as a union of states. Article 3 allows parliament to form new states or alter the boundaries of existing states through a simple majority vote, without state consent. The constitution provides flexibility to change the structure and boundaries of states.

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    © All Rights Reserved
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    The Union and its Territory

    ✓ Article 1 says, "India, that is Bharat, shall be a Union of States".


    ✓ The term `Union' was suggested by Dr B R Ambedkar which indicates two things, first, Indian Union
    is not a result of agreement of independent and Sovereign States, and second, the Units/States do
    not have right to secede from the Union.
    ✓ Union of India includes only the States which share federal powers with the Centre.
    ✓ The expression Union of India deeds to be distinguished from the expression 'Territory of India'.
    ✓ While the Union of India includes only the States which share federal powers with the Centre,
    Territory of India includes the entire territory over which the sovereignty of the country is exercised.

    Formation of new States

    ✓ Article 3 deals with the formation of a new State out of the territories of the existing States.
    ✓ Parliament, under Article 3, can increase or diminish the area of any State or alter the boundaries
    or change the name of any State.
    ✓ The Indian Constitution empowers the Parliament to alter the territory or names, etc., of the States
    without their consent or concurrence.
    ✓ Thus, it is clear that the very existence of a State depends upon the sweet will of the centre.
    ✓ By a simple majority and by ordinary Legislative process, Parliament may form a new State or alter
    the boundaries etc. of the existing States and thereby, can change the Political map of India.

    PART I: The Union and its Territory

    ARTICLE
    1. Name and territory of the Union.
    2. Admission or establishment of new States.
    2A [Repealed].
    3. Formation of new States and alteration of areas, boundaries or names of existing States.
    4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth
    Schedules and supplemental, incidental and consequential matters.

    The Articles 2, 3 and 4 thus demonstrate the flexibility of the Indian Constitution.

    Procedure for creation of new states

    ✓ Parliament can form new States, alter the area, boundaries or names of the existing States by a law
    passed by a simple majority.
    ✓ No Bills for the formation of new States or alteration of the boundaries or names of the existing
    States shall be introduced in either House of the Parliament, except on the recommendation of the
    President.
    ✓ The President, before introducing the Bill in the Parliament, shall refer it to the concerned State
    Legislature for its opinion within a specified time limit.
    ✓ If the State Legislature does not give its opinion within the specified time limit, the time limit may
    be extended.
    ✓ The Bill may be introduced even if the opinion has not come.
    ✓ The Parliament is not bound to accept or act upon the views of the State legislature.
    ✓ It is not necessary to make fresh reference to the State Legislature every time on an amendment to
    the bill, proposed and accepted.

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    Re-organisation of States: Background

    1. The Constituent Assembly appointed the S.K. Dhar Commission in November 1947 to study the
    issue of the reorganization of the States on linguistic basis.
    2. The Congress, in its Jaipur session in 1948 appointed a three-member committee to consider the
    recommendations of the Dhar Commission.
    3. The Committee is popularly known as the JVP Committee after the names of its three members-
    Jawaharlal Nehru, Vallabh Bhai Patel and Pattabhi Sitarammaiah.
    4. The Committee rejected language as the basis for the reorganization of the States.
    5. As the agitation took a violent turn in the Telugu speaking areas, the Congress conceded the
    reorganization of the Telugu speaking area in the State of Andhra Pradesh in 1953.
    6. To make an exhaustive study of the problem, the Government of India set up the State
    Reorganisation Commission in 195$ which was headed by Fazal Alia.

    _____________________________________________________________________________________________________

    Page. 168 www.foolsden.com | Whatsapp: +91-8889344974

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