Union and States

[Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.]

• Article 1 describes India, that is, Bharat as a ‘Union of States’.
• According to Article 1, the territory of India can be classified into three categories:

1. Territories of the states
2. Union territories
3. Territories that may be acquired by the Government of India at any time.

• Article 2 (Admission or establishment of new States): Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
• Article 3 (Formation of new States and alteration of areas, boundaries or names of existing States): Parliament may by law –

1. form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
2. increase the area of any State;
3. diminish the area of any State;
4. alter the boundaries of any State;
5. alter the name of any State:

• However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
• Further, the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
• The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time.
• Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
• In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
• Article 4 of the Constitution itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

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