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■ UNION OF STATES

#Unionanditsterritories

◇ Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

◇ This provision deals with two
things: one, name of the country; and two, type of polity. There was no unanimity in the Constituent Assembly with regard to the name of the country.

◇ Some members suggested the
traditional name (Bharat), while other advocated the modern name (India). Hence, the Constituent Assembly had to adopt a mix of both (‘India, that is, Bharat’)

◇ Secondly, the country is described as ‘Union’ although its Constitution is federal in structure.

◇ According to Dr. B.R. Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:

• one, the Indian Federation is not the result of an agreement among the states like the American Federation;

• and two, the states have no right to secede from the federation. The federation is an Union because it is indestructible.

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■ UNION and ITS TERRITORIES (Article 1)

#Unionanditsterritories

◇ 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.

◇ The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution.

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■ UNION and ITS TERRITORIES (Article 1)

#Unionanditsterritories

◇ 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.

◇ The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution.

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■ UNION and ITS TERRITORIES (ARTICLE 2)

#Unionanditsterritories

◇ Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’.

◇ Thus, Article 2 grants two powers to the Parliament:

(a) the power to admit into the Union of India new states; and

(b) the power to establish new states.

◇ The first refers to the admission of states which are already in existence, while the second refers to the establishment of states which were not in existence before.

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■ PARLIAMENT’S POWER TO REORGANISE THE STATES. (ARTICLE - 3)

#Unionanditsterritories

◇ Article 3 authorises the Parliament to:

• 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;

• increase the area of any state;

• diminish the area of any state;

• alter the boundaries of any state; and

• 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.

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