THE UNION AND ITS TERRITORY

Article

Title

Explanation

1

Name and territory of the Union

Article 1 outlines the official name and territorial composition of India.

1.Name and Union of States:

oIndia, also known as Bharat, is described as a Union of States, meaning it is one entity made up of various states.

2.States and Territories Specification:

oThe states and their territories are listed in the First Schedule of the Constitution.

3.Territory of India:

oIncludes:

Territories of the states.

Union territories listed in the First Schedule.

Any other territories acquired by India.

2

Admission or establishment of new States

Article 2 describes the process for admitting or establishing new states into the Union.

1.Admission or Establishment of New States:

oParliament has the authority to admit new states into the Union or establish new states.

oThis can be done on terms and conditions that Parliament deems appropriate.

3

Formation of new States and alteration of areas, boundaries or names of existing States

Article 3 details the authority of Parliament in forming new states and altering the areas, boundaries, or names of existing states.

1.Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States:

oParliament can form a new state by separating territory from an existing state, uniting two or more states or parts of states, or by adding any territory to a part of any state.

oParliament can increase the area of any state.

oParliament can diminish the area of any state.

oParliament can alter the boundaries of any state.

oParliament can alter the name of any state.

oHowever, no bill for these purposes can be introduced in Parliament without the President's recommendation. If the bill affects the area, boundaries, or name of any state, it must be referred by the President to the legislature of that state for its views, within a specified period.

2.Explanation I:

oIn the context of forming new states or altering existing ones, "State" includes Union territories. However, in the proviso about seeking the state's views, "State" does not include Union territories.

3.Explanation II:

oThe power to form a new state includes the ability to create a new state or Union territory by merging parts of any state or Union territory with another state or Union territory.

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

Article 4 explains how laws made under Articles 2 and 3 should provide for necessary amendments and related matters.

1.Amendment of Schedules and Provisions:

oAny law made under Article 2 (admission or establishment of new states) or Article 3 (formation of new states and alteration of existing ones) must include provisions to amend the First and Fourth Schedules as needed to implement the law.

oThese laws may also include supplemental, incidental, and consequential provisions. This can include details about representation in Parliament and the state legislature(s) affected by such law.

2.Non-Amendment of the Constitution:

oSuch laws made under Articles 2 and 3 are not considered amendments to the Constitution under Article 368, meaning they do not require the special procedures outlined for constitutional amendments.