Part I of the Constitution deals with the Union and its Territory.
Articles 1 to 4 explain the name of the country, the territory of India, admission and formation of new states, alteration of state boundaries, and Parliament’s powers regarding territorial changes.
These provisions provide flexibility for reorganising states and maintaining the unity of the country.
Table of Contents
Constitutional Provisions Related To Union And Territory
| Article | Subject |
|---|---|
| Article 1 | Name and territory of the Union |
| Article 2 | Admission and establishment of new states |
| Article 3 | Formation of new states and alteration of areas, boundaries or names |
| Article 4 | Supplemental, incidental and consequential provisions |
Article 1 – Name And Territory Of India
Article 1 states:
“India, that is Bharat, shall be a Union of States.”
This provision officially recognizes both names:
- India
- Bharat
The Constituent Assembly adopted both names because there was no complete agreement on using only one name.
Why Is India Called A Union Of States?
The Constitution uses the term Union instead of Federation for two important reasons.
1. Indian Federation Is Not Based On An Agreement
Unlike the United States, Indian states did not come together through a mutual agreement.
The Indian Federation was created by the Constitution.
2. States Cannot Secede From India
No state has the constitutional right to separate from the Union.
Therefore, India is considered an indestructible Union.
States exist mainly for administrative convenience.
Territory Of India
The territory of India includes:
- States
- Union Territories
- Any territory acquired in the future
Components Of Territory Of India
| Component | Meaning |
|---|---|
| States | Constituent units of the Union |
| Union Territories | Territories administered by the Union Government |
| Acquired Territories | Territories acquired by India in future |
Difference Between Territory Of India And Union Of States
| Territory of India | Union of States |
|---|---|
| Includes States, UTs and acquired territories | Includes only States |
| Wider concept | Narrower concept |
Special Provisions For Certain States
Part XXI of the Constitution provides special provisions for certain states.
These provisions override the general constitutional provisions wherever applicable.
States having special provisions include:
- Maharashtra
- Gujarat
- Nagaland
- Assam
- Manipur
- Andhra Pradesh
- Telangana
- Sikkim
- Mizoram
- Arunachal Pradesh
- Goa
- Karnataka
Scheduled And Tribal Areas
Special provisions regarding Scheduled and Tribal Areas are contained in:
- Fifth Schedule
- Sixth Schedule
These schedules provide protection to tribal populations and their traditional rights.
Acquisition Of Foreign Territory
India can acquire territory according to recognized principles of international law.
Methods Of Acquiring Territory
- Cession
- Occupation
- Conquest or Subjugation
- Treaty
- Purchase
- Gift
- Lease
- Plebiscite
Examples
- Dadra and Nagar Haveli
- Daman and Diu
- Puducherry
Article 2 – Admission And Establishment Of New States
Article 2 empowers Parliament to admit or establish new states that were not previously part of India.
Powers Of Parliament Under Article 2
Admission Of New States
Parliament may admit an already existing state into the Union of India.
Establishment Of New States
Parliament may create a completely new state.
Parliament also decides the terms and conditions for such admission or establishment.
Article 3 – Formation Of New States
Article 3 gives Parliament extensive powers regarding reorganisation of states.
Parliament may:
- Create a new state by separating territory from an existing state.
- Unite two or more states.
- Unite parts of states.
- Merge territories with existing states.
- Increase or decrease the area of a state.
- Alter state boundaries.
- Change the name of a state.
Examples Of State Reorganisation
Telangana
Telangana was created from Andhra Pradesh in 2014.
Uttarakhand
Uttarakhand was created from Uttar Pradesh in 2000.
PEPSU Merger
Punjab was reorganised through the merger of Patiala and East Punjab States Union (PEPSU).
Conditions For Altering State Boundaries
Before Parliament can pass a law under Article 3, two conditions must be fulfilled.
Condition 1
The Bill can be introduced in Parliament only with the prior recommendation of the President.
Condition 2
The President must refer the Bill to the concerned State Legislature for its views.
Is Parliament Bound By State Legislature’s Opinion?
No.
Parliament may:
- Accept the views.
- Reject the views.
The opinion of the State Legislature is advisory and not binding.
Special Position Of Union Territories
In case of Union Territories:
- No reference to the concerned legislature is necessary.
- Parliament has complete discretion regarding territorial changes.
Does The Constitution Guarantee State Boundaries?
No.
The Constitution does not guarantee:
- Territorial integrity of states.
- Permanent existence of states.
Parliament can reorganise states whenever necessary.
This is different from the United States, where state boundaries enjoy stronger constitutional protection.
Article 4 – Supplemental Provisions
Article 4 states that laws made under Articles 2 and 3 are not considered constitutional amendments under Article 368.
Therefore, they can be passed by a simple majority in Parliament.
Changes Required Under Article 4
Whenever a law under Articles 2 or 3 is passed, Parliament may amend:
First Schedule
Contains:
- Names of States and Union Territories.
- Territorial jurisdictions.
Fourth Schedule
Contains:
- Allocation of Rajya Sabha seats among States and Union Territories.
Cession Of Indian Territory
Boundary Disputes
For settlement of ordinary boundary disputes, constitutional amendment is not required.
Transfer Of Territory To Foreign Country
If India transfers its territory to another country, a constitutional amendment under Article 368 is required.
This principle was clarified in judicial decisions concerning territorial transfer.
Land Boundary Agreement (India-Bangladesh)
One of the most important territorial settlements in modern India was the Land Boundary Agreement with Bangladesh.
Background
At independence, boundaries between India and Pakistan were drawn by the Radcliffe Commission under Sir Cyril Radcliffe.
While drawing boundaries in East Pakistan (now Bangladesh), many small land pockets called enclaves remained unresolved.
These enclaves were known as Chitmahals.
What Were Chitmahals?
Historically, these small territories belonged to:
- Raja of Cooch Behar
- Maharaja of Rangpur
They were reportedly used as stakes during royal games and eventually became scattered territorial pockets.
Attempts To Resolve The Problem
Several efforts were made to resolve the issue:
- Nehru-Noon Agreement, 1958
- Various bilateral negotiations
- Land Boundary Agreement, 1974
The issue remained unresolved for decades.
Land Boundary Agreement, 1974
After Bangladesh became independent in 1971, India and Bangladesh signed the Land Boundary Agreement (LBA) in 1974.
The purpose was to settle:
- Enclave disputes
- Adverse possessions
- Undemarcated boundary segments
100th Constitutional Amendment Act, 2015
India formally implemented the agreement through the 100th Constitutional Amendment Act, 2015.
Major Features
- India transferred 111 enclaves to Bangladesh.
- Bangladesh transferred 51 enclaves to India.
- Adverse possessions were exchanged.
- A 6.1 Km undemarcated border stretch was settled.
- First Schedule provisions relating to Assam, West Bengal, Meghalaya and Tripura were modified.
India-Bangladesh Border Length
The total India-Bangladesh international border is:
4,096.7 Km
Important Facts At A Glance
| Topic | Important Fact |
|---|---|
| Part dealing with Union and Territory | Part I |
| Relevant Articles | Articles 1–4 |
| India described as | Union of States |
| Territory includes | States, UTs and acquired territories |
| Article 2 | Admission and establishment of new states |
| Article 3 | Formation and alteration of states |
| Article 4 | Supplemental provisions |
| State opinion under Article 3 | Not binding on Parliament |
| Special schedules for tribal areas | Fifth and Sixth Schedules |
| Land Boundary Agreement implemented through | 100th Amendment Act, 2015 |
| India transferred enclaves | 111 |
| Bangladesh transferred enclaves | 51 |
| India-Bangladesh border length | 4,096.7 Km |
FAQs On Union And Its Territory
What does Article 1 of the Constitution say?
Article 1 states that India, that is Bharat, shall be a Union of States.
Why is India called a Union of States?
India is called a Union of States because the federation was not formed through an agreement among states and no state has the right to secede.
What is included in the Territory of India?
The Territory of India includes States, Union Territories, and territories acquired in the future.
What is the difference between Union of States and Territory of India?
Union of States includes only states, whereas Territory of India includes states, Union Territories, and acquired territories.
What is Article 2?
Article 2 empowers Parliament to admit or establish new states.
What is Article 3?
Article 3 empowers Parliament to create new states and alter the area, boundaries, or names of existing states.
Is Parliament bound by the views of the State Legislature under Article 3?
No. Parliament may accept or reject the views of the State Legislature.
What does Article 4 provide?
Article 4 states that laws made under Articles 2 and 3 are not constitutional amendments and can be passed by a simple majority.
What is the 100th Constitutional Amendment Act, 2015?
The 100th Constitutional Amendment Act implemented the India-Bangladesh Land Boundary Agreement and settled enclave disputes.
How many enclaves were exchanged under the Land Boundary Agreement?
India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India.
Last Moment Exam Cheat Sheet – Union And Its Territory
- Part I – Articles 1 to 4.
- Article 1 – India, that is Bharat, shall be a Union of States.
- Union of States – States cannot secede from India.
- Territory of India – States + UTs + acquired territories.
- Article 2 – Admission and establishment of new states.
- Article 3 – Formation, alteration of area, boundary and name of states.
- President’s recommendation required before introducing Article 3 Bill.
- State Legislature opinion is advisory, not binding.
- Article 4 – Laws under Articles 2 and 3 are not constitutional amendments.
- Fifth Schedule – Scheduled Areas.
- Sixth Schedule – Tribal Areas.
- Telangana – Created from Andhra Pradesh (2014).
- Uttarakhand – Created from Uttar Pradesh (2000).
- Land Boundary Agreement – India-Bangladesh territorial settlement.
- 100th Constitutional Amendment Act, 2015 implemented LBA.
- 111 enclaves transferred by India.
- 51 enclaves transferred by Bangladesh.
- India-Bangladesh border – 4,096.7 Km.