Part I of the Constitution: Union & its Territory
List of Articles in Part I:
Article 1: Name & Territory of the Union
Article 2: Establishment & Admission of New States
Article 3: Formation of new states; alteration of new states or names of existing states
Article 4: Method in which new territories may be admitted or ceded
Features of Part - I:
- Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.
- Article 1 declares India, that is, Bharat as a ‘Union of States’.
- Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’. Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states.
- Article 3 relates to the formation of or changes in the existing states of the Union of India. In other words, Article 3 deals with the internal re-adjustment inter se of the territories of the constituent states of the Union of India.
- Some committees that were important in the reorganization of states in the Indian Union – Dhar Commission, JVP Committee, Fazl Ali Commission and States Reorganization Commission (1st one was in 1956).
- New states that were created after 1956 with year - Maharashtra and Gujarat In 1960, Goa, Daman and Diu India acquired these three territories from the Portuguese by means of police action in 1961. They were constituted as a union territory by the 12th Constitutional Amendment Act, 1962. Later, in 1987, Goa was conferred a statehood, Nagaland In 1963, Haryana, Chandigarh and Himachal Pradesh In 1966, Manipur, Tripura and Meghalaya In 1972, Sikkim in 1974-75, Mizoram, Arunachal Pradesh and Goa In 1987, Chhattisgarh, Uttarakhand and Jharkhand In 2000, and now most recently Telangana on 2nd June, 2014.
Facts about Part I of the constitution:
Nowhere under Part I, it is mentioned that India is a federal state. It rather uses the phrase “Union of States”. This means that the Union of India is not a result of treaty or agreement, and the states do not have the right to secede.
Sikkim was made part of India under the provision of Article 2A.
Telangana was made part of India under the provision of Article 3.
According to Indian Constitution, permission from the State concerned is not mandatory for the creation or destruction of a State. But a bill must refer to the respective state legislature for expressing its views.
There must be a prior recommendation of the President for the creation of a state or renaming a state (Article 3). No such recommendation is needed for the admission of new states (Art 2).
The territorial waters and the exclusive economic zones shall also become part of the states or union territories in the absence of any listing of them separately in Schedule 1 and 4 of the constitution.
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