Article of Consitution

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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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