Articles 1 to 4 deal with the Union and its Territories.
ARTICLE 1
India has been characterized as a ‘UNION OF STATES’. [Article 1(1)]
Article 1 describes India that is, Bharat as a ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:
- Indian federation is not the result of an agreement among the States.
- States have no right to secede from the Federation.
The Federation was a Union because it was indissoluble.
The name of the States and Union territories and their territorial extend were specified in Parts A, B, C, and D. [ARTICLE 1(2)]
ABSORPTION OF FOREIGN TERRITORIES-
[ARTICLE 1(3)(C)]
Article 1(3)© does not confer power or authority in India to acquire territories, but rather purports to do is make a formal provision for absorption and integration of any foreign territories which may be required by virtue of its inherent right to do so.
ARTICLE 2
ADMISSION OF NEW STATES
Article 2 empowers the Parliament to enact a law to admit into the Union, or establish, new states ‘on such terms and conditions as it thinks fit’.
Therefore, Article 2 grants two powers to the Parliament:
Article 2 relates to admission or establishment of new states that are not part of the Union of India.
ARTICLE 3
REORGANISATION OF STATES
Article 3 deals with the internal readjustment inter se of the territories of the constituent status of the Union of India.
Article 3 authorizes the Parliament to:
- Form a NEW STATES by separation of territory form any state or by Uniting any territory to a part of any state,
- INCREASE the area of any state,
- DIMINISH the area of any state,
- ALTER the boundaries of any state,
- Alter the NAME of any state.
Further, the power of Parliament to form new states includes the power to form a new states or union territory by uniting a part of any state or union territories or state.
The power of Parliament is exclusive and plenary. “INDIA IS AN INDESTRUCTIBLE UNION OF A DESTRUCTIBLE STATES”.
The exercise of this power by Parliament is subject to the following conditions:
- A Bill for any such purpose cannot be introduced in House of Parliament except on recommendation of the President.
- If Bill affects the area, name or boundaries of a state, before recommendation its consideration to Parliament, the President has to refer the same to the State Legislature concerned for expressing its views on it within such time.
“State” includes a Union Territory but in case of Union Territory, no reference need to be made to state legislature.
In summary, these articles establish the foundation for India as a “Union of States” and outline the procedures for admitting new States, altering boundaries, and renaming existing States.