Union and its Territories [Polity for UPSC]

 

ARTICLE 1

-> Article 1 of the constitution describes India, that is, Bharat as a 'Union of States’

-> The Federation is a Union because it is indestructible

-> The territory of India shall comprise:

o The territories of the States

o The Union territories specified in First Schedule and

o Such other territories as may be acquired

ARTICLE 2

-> Two powers given to Parliament by Article 2, namely:

(i) The power to admit new States into the Union; and

(ii) The power to establish new States

-> Article 2 refers to the admission or establishment of new states that are not part of the Union of India

ARTICLE 3

-> Parliament may by law:

(i) Form a new State by separating or uniting the territory of 2 or more state or union territories

(ii) Increase the area of any State

(iii) Diminish the area of any State

(iv) Alter the boundaries of any State

(v) Alter the name of any State

->A Bill under Article 3 must satisfy 2 conditions:

(i) It shall be introduced in either House of Parliament only on the recommendation of the President

(ii) The Bill has to be referred by the President to the Legislature of the State for expressing its views thereon

ARTICLE 4

-> Laws made under Articles 2 and 3 to provide for the amendment of the First and Fourth Schedule or containing supplemental, incidental and consequential provisions are not to be deemed to be an amendment of this Constitution for the purposes of the Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

Does Cession of an Indian Territory need a Constitutional Amendment?

->Berubari Union Case

->Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368

->100th Constitutional Amendment Act, 2015

EVOLUTION OF STATES AND UNION TERRITORIES IN INDIA

1. Integration of Princely States

-> At the time of independence, India comprised of two categories of political units such as The British provinces and the The princely states

-> But, the Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan

-> Whereas the Princely states were given three options such as –

   >Either Joining India

   >Or Joining Pakistan

   >Or Remain Independent

-> But, out of the 552 princely states, 549 joined India but the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India

-> But were integrated

>Hyderabad by means of police action

>Junagarh by means of referendum 

>Kashmir by the Instrument of Accession

2. Dhar Commission(S.K. Dhar)

-> In June 1948, the Constituent Assembly announced the setting up of the Linguistic Provinces Commission

-> Report of the Commission: The Commission recommended that the reorganization of states should be on the basis of administrative convenience rather than linguistic basis

3. JVP Committee(Jawahar Lal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya) 

-> Report of the Commission: Formally rejected language as the basis for reorganization

4. Fazl Ali commission(+ K M Panikkar + H N Kunzru)

Report of the Commission

-> Broadly accepted language as the basis of reorganisation of states

-> But it rejected the theory of ‘one language–one state’

-> It identified four major factors that can be taken into account in any scheme of reorganisation of states:

>Preservation and strengthening of the unity and security of the country

>Linguistic and cultural homogeneity

>Financial, economic and administrative considerations

>Planning and promotion of the welfare of the people in each state as well as of the nation as a whole

5. State Reorganization Act of 1956

-> In November 1956, State Reorganization Act of 1956 came into being force

-> The Act created 14 States and 6 UTs

6. New States and Union Territories created after 1956

-> Creation of Gujrat and Maharashtra Through Bombay Re-organisation Act 1960

-> Nagaland as separate state Through the State of Nagaland Act. 1962

-> Creation of Punjab and Haryana The Punjab Reorganisation Act. 1966

-> Creation of Himachal Pradesh State of Himachal Pradesh Act, 1970

-> Creation of North Eastern State By North Eastern Areas (Re-organization) Act 1971

-> Creation of Sikkim By Constitution (36th Amendment) Act. 1975

-> Goa as a separate state The State of Goa Act, 1987

-> Creation of Chhattisgarh Madhya Pradesh Reorganisation Act, 2000

-> Creation of Jharkhand By Bihar Reorganisation Act, 2000

-> Telangana 2014

-> Jammu and Kashmir founded by the States Reorganisation Act, 1956

-> Daman and Diu union territory was merged with Dadra and Nagar Haveli union territory in 2020

UNION TERRITORIES

(a)Rationale behind the creation of Union Territories

-> Financial Hardship

-> Location Factor

-> Preserving time-tested culture

-> Administrative convenience

(b)Constitutional Provisions related to Union Territories

-> Articles 239 to 241 of Part VIII of the Constitution

-> Article 239: It allowed the President to administer UTs directly through the administrators. In 1962(14th AA), Parliament passed Article 239A, allowing it to construct legislatures for the UTs

-> Article 239AA: 69th Constitution Amendment Act, 1991 inserted Article 239AA to the Indian Constitution, which has unique provisions for the National Capital Territory of Delhi

-> Role of Home Ministry: The Centre's Ministry of Home Affairs is the nodal ministry for all things concerning Union Territories, including legislation, money and budget, services, and the appointment of Administrators

 

STATUS OF DELHI (Article 239AA)

The 69th Constitutional Amendment Act of 1991 conferred the UT of Delhi with a special status

-> Delhi as the National Capital Territory of Delhi

-> Delhi’s administrator as the Lieutenant Governor (LG)

-> Created a legislative assembly and a council of ministers for Delhi

STATUS OF JAMMU & KASHMIR

-> August 2019 - Article 370 repeal

-> At the same time, a reorganization act was also passed, which reconstituted the state into two union territories, Jammu and Kashmir and Ladakh

-> Jammu & Kashmir is administered under the provisions of Article 239