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Monday, October 21, 2019

Union and its Territory-Indian Constitution


Union and its Territory-Indian Constitution

Union and its Territory-Indian Constitution

  • Introduction
  • Details of the articles

Introduction
Part-I(Article 1 to 4) of the Indian constitution deals with the union and its territory . This part of the constitution contains the law in the establishment, renaming, merging or altering the borders of the states.

Details of the articles
Articles-1:-Name and territory of the Union
  • India, that is Bharat, shall be a Union of States.(It specify two thing the name of the country and polity of the country).the reason behind two name of the country is the debate on the naming of the constitutional assembly. 
  • Though the country is described as a union but its constitution is federal in nature.
  • The States and the territories thereof shall be as specified in the First Schedule.
  •  The territory of India shall comprise –
             a) the territories of the States
             b) the Union territories specified in the First Schedule
             c) such other territories as may be acquired.
  • Do not misunderstood on union of India and territory of India .Territory of India is wider than union of India .Union of India is only states which are shearing their power with centre.
Article-2:- Admission or establishment of new States
  • Parliament may by law admit into the Union, or establish, new States on such terms and condition as it thinks fit.It grands two powers to the parliament 1.Admission into union of India  new states.2.Power to establish new state.First refer admission of states which are already in existence,while the second the Establishment of state which were not in existence before .
  • Admission or establishment of new states which are not part of the union of india

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
  • A bill on above change can be introduced in parliament only with prior recommendation of the president.
  • President has to refer the same to the state legislature for expressing their view in a particular time.In case of union Territory view is not needed.
  • President is not bound to accept the view of the state legislature.

Articles -4:-Laws made under Articles 2 and 3 to provide for the amendment of the first and the Fourth schedules and supplemental, incidental and consequential matters.
  • This amendment is not under article 368 but indian territory can be ceded by the amending of the constitution under article 368.
  • Supreme court declare, settlement of boundary dispute between Indian and foreign country do not required constitutional amendment, required only executive action.
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