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Articles in the Constitution
of India
Union and Its Territory
(Article 1 – 4)
Articles 1 to 4 under Part I of the
Constitution explains the Union and its Territory.
Article 1:
Article 1(1) state that India, that is
Bharat shall be a Union of States.
Article 1(2) states that the States and
the territories will be specified in the First Schedule.
Article 1(3) states that the territory of
India will comprise the following
a) The territories of the States;
b) The Union territories mentioned in
the First Schedule.
Article-1 describes India as a ‘Union of
States’. Dr. B.R. Ambedkar said that the Indian federation was a “Union”
because it was indissoluble, and no State had a right to separate from the
Indian Union. The country is one integral unit besides the fact that it consists
of different states for the convenience of administration. The territory of
India includes not only the States but also the Union Territories and such
other territories as may be acquired by India in the future. First Schedule of the
Constitution has specified states and the Territories both.
Article – 2:
It deals with admission or establishment
of new States. Parliament may by law admit into the Union, or establish, new
States based on terms and conditions.
Article- 3:
It states that the Parliament may by law
form a new State by separation of a territory from any State or by uniting two
or more States completely or in parts or by uniting any territory to a part of
any State. It deals with the following:
·
Formation
of new States
·
Alteration
of areas of States
·
Boundaries
or names of existing States
Thus Parliament can increase or diminish
the area of any State or can alter the boundaries or names of any State.
Parliament follows the following procedures in this regard.
Step-1: Either House of the Parliament,
only on the recommendation of the President, can introduce a Bill giving effect
to any or all the charges stated above.
Step-2: If such a bill affects the
boundary or name of a State, then the President will refer the Bill to the
concerned State Legislature before introducing it in the Parliament for their
opinion.
Step-3: If the State Legislature fails to
express an opinion within the given time limit then it is deemed that it has
expressed its views. Parliament is not bound to accept or act upon the views of
the State Legislature even if State has submitted their views within the time
period.
In the case of Union Territories, it is
not necessary to seek the views of Legislatures of Union Territories before
such Bill.
Article-4:
It says that any law referred to in
Article-2 or Article-3 will contain such provisions for the amendment of the
Ist Schedule and the IVth Schedule necessary to provide effects to the
provisions of law and may also contain such supplemental, incidental, and
consequential provisions, as the Parliament may deem necessary.
This Article allows for consequential
changes in the Ist Schedule i.e. names of the States in the Union of India and
IVth Schedule i.e. a number of seats allotted in the Rajya Sabha for each
state. Constitution will not treat any such law altering existing States or
creating a new State, as the amendment.
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