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:

  1. Declares that India, i.e., Bharat, shall be a Union of States.
  2. Defines India as a "Union" and not a "Federation."
  3. The country’s territory includes:
  4. States of India (e.g., Uttar Pradesh, Tamil Nadu, Maharashtra, etc.)
  5. Union Territories (e.g., Delhi, Puducherry, Chandigarh, etc.)
  6. Any other acquired territories

🔹 Why is India called a "Union of States" and not a "Federation"?

  1. Dr. B.R. Ambedkar clarified that states cannot secede from India, unlike in a true federation (e.g., the USA).
  2. The central government holds more power compared to states.

Article 2: Admission or Establishment of New States

🔹Key Points:

  1. Parliament has the power to admit new states or establish new states within India.
  2. This article was used to merge princely states like Hyderabad and Junagadh into India after independence.

🔹 Example:

  1. 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:

  1. Parliament can:
  2. Create a new state
  3. Change the boundary of a state
  4. Rename a state
  5. Merge two or more states

🔹 Process for Changes Under Article 3:

  1. President sends a proposal to the State Legislature for their opinion.
  2. Parliament then makes the final decision, with or without the state's approval.

🔹 Example:

  1. 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:

  1. Any law made under Article 2 or Article 3 does not require a constitutional amendment (under Article 368).
  2. These laws can be passed by a simple majority in Parliament.

🔹 Example:

  1. 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

  1. It ensures the unity and integrity of India.
  2. It allows flexibility for territorial changes.
  3. It prevents states from seceding, maintaining India's sovereignty.
  4. It provides a legal basis for the formation of new states when required.

Important Cases Related to Part 1

🔹Berubari Union Case (1960)

  1. Ruled that Article 3 does not allow ceding Indian territory to another country without a constitutional amendment.

🔹 S.R. Bommai Case (1994)

  1. Supreme Court ruled that India is an indestructible Union, meaning states cannot break away from the country.

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