Part-1: The Union and its Territory
The Indian Constitution is the supreme law of the country, providing a legal framework for governance. It is divided into 22 Parts and contains 470 Articles (as of the latest amendment).
Part 1 of the Indian Constitution lays the foundation of the Union of India, defining its name, territories, and status. It consists of four articles (Article 1 to Article 4) and provides a structural framework for the country’s geographical and political unity.
Article 1: Name and Territory of India
🔹Key Points:
- Declares that India, i.e., Bharat, shall be a Union of States.
- Defines India as a "Union" and not a "Federation."
- The country’s territory includes:
- States of India (e.g., Uttar Pradesh, Tamil Nadu, Maharashtra, etc.)
- Union Territories (e.g., Delhi, Puducherry, Chandigarh, etc.)
- Any other acquired territories
🔹 Why is India called a "Union of States" and not a "Federation"?
- Dr. B.R. Ambedkar clarified that states cannot secede from India, unlike in a true federation (e.g., the USA).
- The central government holds more power compared to states.
Article 2: Admission or Establishment of New States
🔹Key Points:
- Parliament has the power to admit new states or establish new states within India.
- This article was used to merge princely states like Hyderabad and Junagadh into India after independence.
🔹 Example:
- Sikkim was added as a state of India in 1975 under this article.
Article 3: Formation of New States and Alteration of Areas, Boundaries, or Names of States
🔹Key Points:
- Parliament can:
- Create a new state
- Change the boundary of a state
- Rename a state
- Merge two or more states
🔹 Process for Changes Under Article 3:
- President sends a proposal to the State Legislature for their opinion.
- Parliament then makes the final decision, with or without the state's approval.
🔹 Example:
- Telangana was formed in 2014, by bifurcating Andhra Pradesh using this article.
Article 4: Laws Made Under Article 2 and 3 Are Not Amendments
🔹Key Points:
- Any law made under Article 2 or Article 3 does not require a constitutional amendment (under Article 368).
- These laws can be passed by a simple majority in Parliament.
🔹 Example:
- When Chhattisgarh, Uttarakhand, and Jharkhand were created in 2000, it was done under Article 3 without amending the Constitution.
Significance of Part 1 of the Indian Constitution
- It ensures the unity and integrity of India.
- It allows flexibility for territorial changes.
- It prevents states from seceding, maintaining India's sovereignty.
- It provides a legal basis for the formation of new states when required.
Important Cases Related to Part 1
🔹Berubari Union Case (1960)
- Ruled that Article 3 does not allow ceding Indian territory to another country without a constitutional amendment.
🔹 S.R. Bommai Case (1994)
- Supreme Court ruled that India is an indestructible Union, meaning states cannot break away from the country.