introduction

The Union and its Territory Part I (Articles 1- 4)

The Indian constitution is the supreme law of India, and it is nothing more than a legal document. It outlines the numerous players in power in the country, as well as their power and constraints. It also establishes citizens’ fundamental rights and responsibilities.

The world’s largest constitution, with 448 articles divided into 25 sections and 12 scheduled. However, at the time of publication, it contained 395 articles divided into 22 parts and eight schedules. The Union and its Territories is the title of Part 1 of the Constitution. These components are found in articles 1 through 4. Let’s take a closer look at the union and its territory.

·  As previously indicated, the Constitution establishes a federal Union as the political system. India, or Bharat, is the name of the country. [Article 1, paragraph 1]

·  The terms ‘Union of India’ and ‘Indian territory’ should not be used interchangeably. While the “Union” refers to only those states that are members of the federal system and have a power distribution with the Union, the “territory of India” refers to the full territory over which India’s sovereignty currently stretches.

·  Apart from the States, there are two more types of territories that fall under the ‘territory of India’ umbrella: (I) ‘Union Temtortes,’ and (ii) Any other territories that India may acquire.

• Since 1987, there have been 8 Union Territories: Delhi, the Andaman and Nicobar Islands, Dadra & Nagar Haveli, Daman & Diu,  Lakshadweep, Pondicherry, and Chandigarh. The Parliament established a legislature and other provisions for the Union territory of Pondicherry by adopting the Pondicherry (Administration) Act, 1962, under Art 239A. Two additional articles, 239AA and 239AB, were placed into the Constitution in 1992, providing for a legislative and a ministry for Delhi, which was renamed National Capital Territory of Delhi by Art. 239AA.
  
  
• The rest of the Union territories are managed by the President, who acts through a “Administrator” nominated by him and issues regulations to ensure their good governance.

• Any area that India may acquire at any moment through purchase, negotiation, cession, or invasion will undoubtedly become part of India’s territory. These will be administered by the Indian government, subject to Parliamentary law.
  
  
• As a result, the French Settlement of Pondicherry (together with Karaikal, Mahe, and Yanam), which the French Government ceded to India in 1954, was managed as a “acquired territory” until 1962, because the Treaty of Cession had not yet been confirmed by the French Parliament. In December 1962, the territory of these French Settlements was designated as a “Union Territory” as a result of this ratification.

Union and Its Territory (Article 1 – 4)

Part I of the Constitution outlines the Union and its Territory in Articles 1 to 4.

India is described as a ‘Union of States’ in Article 1. The Indian federation, according to Dr. B.R. Ambedkar, is a “Union” because it is indissoluble, and no state has the authority to secede from it. Apart from the fact that it is divided into numerous states for administrative purposes, the country is one cohesive unit.

Article 1 in The Constitution Of India 1949

1. Name and territory of the Union

(1) India, that is Bharat, shall be a Union of States

(2) The States and the territories thereof shall be as specified in the First Schedule

(3) The territory of India shall comprise

In the Constituent Assembly, there was no consensus on the name of the country. Some members campaigned for the traditional name (Bharat), while others preferred the current name (India). As a result, the Constituent Assembly had to choose between the two (‘India, that is, Bharat’).

The term ‘Union of States’ has been preferred over ‘Federation of States,’ according to Dr. B.R. Ambedkar, for two reasons:

first, the Indian Federation is not the result of an agreement among the states, as the American Federation is; and

second, the states have no right to secede from the federation.

Because it is indestructible, the federation is known as the Union. The country is a single entity that has been separated into states solely for administrative purposes.

India’s territory encompasses not just the states, but also the Union Territories and any future territories that India may acquire. The states and territories are both listed in the First Schedule of the Constitution.

Article 2 in The Constitution Of India (The Union and its Territory)

2. Admission or establishment of new states: Parliament may, by legislation, admit or establish new states into the Union on whatever terms and conditions it sees fit.

Article 2 grants two powers to the Parliament:

 (a)the power to admit into the Union of India new states; and

(b) the power to establish new states.

Article 2 deals with the admission or formation of new states that are not members of the Indian Union.

On December 24, 1955, the Constitution (fifth amendment) Act, 1955 altered the original provision of Article 3.

Article 3 in The Constitution Of India  (The Union and its Territory)

Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law

(a) 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;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State;

The competence of Parliament to create new states includes the ability to create a new state or union territory by joining two or more existing states or union territories. Even if the views of the state legislature are received on time, the President (or Parliament) is not bound by them and may accept or reject them. Furthermore, every time a modification to the bill is submitted and accepted in Parliament, a new reference to the state legislature is not required. In the event of a union territory, no referral to the relevant legislature is required to discover its opinions, and the Parliament can take any action it sees proper.

Article 4 in The Constitution Of India  (The Union and its Territory)

Laws enacted under Articles 2 and 3 to change the First and Fourth Schedules, as well as other additional, incidental, and consequential concerns.

(1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368 PART II C ITIZENSHIP

The Constitution (Thirty-fifth Amendment) Act, 1974

Short title and commencement.-(1) This Act may be called the Constitution (Thirty-fifth Amendment) Act, 1974.

(2) It shall come into force on such date_667 as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 2A.-After article 2 of the Constitution, the following article shall be inserted, namely:-

“2A. Sikkim to be associated with the Union.-Sikkim, which comprises the territories specified in the Tenth Schedule, shall be associated with the Union on the terms and conditions set out in that Schedule.”.

TERRITORIES OF SIKKIM (The Union and its Territory)

1. Sikkim.—Sikkim comprises the following territories, namely:-

The territories which, immediately before the coming into force of the Government of Sikkim Act, 1974, were comprised in Sikkim.

TERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION

2. Responsibilities of the Government of India.-(1) The Government of India-

(a) shall be solely responsible for the defence and territorial integrity of Sikkim and for the conduct and regulation of the external relations of Sikkim, whether political, economic or financial;

(b) shall have the exclusive right of constructing, maintaining and regulating the use of railways, aerodromes, landing grounds and air navigation facilities, posts, telegraphs, telephones and wireless installations in Sikkim;

(c) shall be responsible for securing the economic and social development of Sikkim and for ensuring good administration and for the maintenance of communal harmony therein;

(d) shall be responsible for providing facilities for students from Sikkim in institutions for higher learning in India and for the employment of people from Sikkim in the public service of India (including the All-India Services), at par with those available to citizens of India;

(e) shall be responsible for providing facilities for the participation and representation of the people of Sikkim in the political institutions of India.

(2) The provisions contained in this paragraph shall not be enforceable by any court.

3. Exercise of certain powers by the President.-The President may, by general or special order, provide-

(a) for the inclusion of the planned development of Sikkim within the ambit of the planning authority of India while that authority is preparing plans for the economic and social development of India, and for appropriately associating officials from Sikkim in such work;

(b) for the exercise of all or any of the powers vested or sought to be vested in the Government of India in or in relation to Sikkim under the Government of Sikkim Act, 1974.

4. Representation in Parliament.-Notwithstanding anything in this Constitution-

(a) there shall be allotted to Sikkim one seat in the Council of States and one seat in the House of the People;

(b) the representative of Sikkim in the Council of States shall be elected by the members of the Sikkim Assembly;

(c) the representative of Sikkim in the House of the People shall be chosen by direct election, and for this purpose, the whole of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim:

Provided that the representative of Sikkim in the House of the People in existence at the commencement of the Constitution (Thirty-fifth Amendment) Act, 1974, shall be elected by the members of the Sikkim Assembly;

(d) there shall be one general electoral roll for the parliamentary constituency for Sikkim and every person whose name is for the time being entered in the electoral roll of any constituency under the Government of Sikkim Act, 1974, shall be entitled to be registered in the general electoral roll for the parliamentary constituency for Sikkim;

(e) a person shall not be qualified to be the representative of Sikkim in the Council of States or the House of the People unless he is also qualified to be chosen to fill a seat in the Sikkim Assembly and in the case of any such representative-

(i) clause (a) of article 84 shall apply as if the words “is a citizen of India, and” had been omitted therefrom;

(ii) clause (3) of article 101 shall apply as if sub-clause (a) had been omitted therefrom;

(iii) sub-clause (d) of clause (1) of article 102 shall apply as if the words “is not a citizen of India, or” had been omitted therefrom;

(iv) article 103 shall not apply;

(f) every representative of Sikkim in the Council of States or in the House of the People shall be deemed to be a member of the Council of States or the House of the People, as the case may be, for all the purposes of this Constitution except as respects the election of the President or the Vice-President:

Provided that in he case of any such representative, clause (2) of article 101 shall apply as if for the words “a House of the Legislature of a State”, in both the places where they occur, and for the words “the Legislature of the State”, the words “the Sikkim Assembly” had been substituted;

(g) if a representative of Sikkim, being a member of the Council of States or the House of the People, becomes subject to any of the disqualifications for being a member of the Sikkim Assembly or for being the representative of Sikkim in the Council of States or the House of the People, his seat as a member of the Council of States or the House of the People, as the case may be, shall thereupon become vacant;

(h) if any question arises as to whether a representative of Sikkim, being a member of the Council of States or the House of the People, has become subject to any of the disqualifications mentioned in clause (g) of this paragraph, the question shall be referred for the decision of the President and his decision shall be final:

Provided that before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion;

(i) the superintendence, direction and control of the preparation of the electoral rolls for the conduct of elections to Parliament under this paragraph of the representatives of Sikkim shall be vested in the Election Commission and the provisions of clauses (2), (3), (4) and (6) of article 324 shall, so far as may be, apply to and in relation to all such elections;

(j) Parliament may, subject to the provisions of this paragraph, from time to time by law make provision with respect to all matters relating to, or in connection with, such elections to either House of Parliament;

(k) no such election to either House of Parliament shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by Parliament.

Explanation.-In this paragraph, the expression “the Sikkim Assembly” shall mean the Assembly for Sikkim constituted under the Government of Sikkim Act, 1974.

5. Schedule not to derogate from agreements, etc.-The provisions of this Schedule shall be in addition to, and not in derogation of, any other power, jurisdiction, rights and authority which the Government of India has or may have in or in relation to Sikkim under any agreement, grant, usage, sufferance or other lawful arrangement.’.

THE CONSTITUTION ( ONE HUNDREDTH AMENDMENT) ACT, 2015

An Act further to amend the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.

1. This Act may be called the Constitution (One Hundredth Amendment) Act, 2015. 2. In this Act,—

(a) “acquired territory” means so much of the territories comprised in the IndiaBangladesh agreement and its protocol and referred to in the First Schedule as are demarcated for the purpose of being acquired by India from Bangladesh in pursuance of the agreement and its protocol referred to in clause (c);

Integration of Princely States After Independence

India was divided into two sorts of political units at the time of independence: British provinces (ruled directly by the British government) and princely states (under the rule of native princes but subject to the paramountcy of the British Crown).

One-third of the British Indian Empire’s land area was inhabited by princely states, and one out of every four Indians lived under princely rule. One of the primary problems in the development of Independent India’s geographical area was the integration of princely states.

• There were about 500 princely kingdoms in India at the time of independence that were not legally part of the British Empire. These 500 princely states accounted for 48% of pre-independence India’s land area. Sardar Vallabh Bhai Patel was tasked with bringing princely kingdoms together. The 1947 Indian Independence Act allowed princely nations the option of joining either India or Pakistan, or remaining independent.
• The princes were given sovereignty over their territories as a result, but the British gained the power to pick ministers and receive military backing if needed.

Sardar Vallabhbhai Patel (India’s first deputy prime minister and home minister) was tasked with unifying the princely states with the help of V.P Menon (the secretary of the Ministry of the States).

Travancore

• It was one of the first princely states to refuse to join the Indian Union and criticise the Congress’ leadership of the country.  It was strategically positioned for marine trade and was wealthy in both manpower and mineral resources.

• By 1946, Sir C.P. Ramamswamy Aiyar, the Dewan of Travancore, had stated his ambition to create an independent Travancore state and was willing to negotiate a treaty with the Indian Union.

Sir C.P. Aiyar is also reported to have maintained covert contacts with the British government, which supported an independent Travancore.

The UK government hoped to secure exclusive access to monazite, a mineral abundant in the area, which would give Britain an advantage in the nuclear arms race. He stayed in his job till July 1947. He changed his views after surviving an assassination attempt by a member of the Kerala Socialist Party.

On July 30, 1947, Travancore became a part of India..

Jodhpur

• Despite having a Hindu ruler and a sizable Hindu population, the Rajput princely realm had a strange affinity towards Pakistan. Because his territory was adjacent to Pakistan, Hanvant Singh, a young and inexperienced Jodhpur prince, believed he could obtain a better “deal.”

• According to legend, Jinnah presented the Maharaja with a signed blank sheet of paper on which he spelled out all of his requests. He also granted him unrestricted access to the Karachi port for the manufacture and import of armaments, as well as military and agrarian support.

Seeing the hazards of the border state joining Pakistan, Patel contacted the prince right away and gave him enough advantages. Patel informed him that he would be able to import weaponry, that Jodhpur would be connected to Kathiawar by rail, and that India would provide grain during famines.

• Maharaja Hanvant Singh, King of Jodhpur, signed the Instrument of Accession on August 11, 1947, and the State of Jodhpur joined the Indian Dominion.

Bhopal: 

• After asking the Nawab of Bhopal to sign the Instrument of Accession, Lord Mountbatten attempted to prevent the area from joining the Union of India, alleging that it would jeopardise the interests of Muslims in the Hindu-dominated province.
• The inhabitants of Bhopal, on the other hand, had grasped that this was being done solely to retain the Nawab’s position in the state, and that it had nothing to do with the actual interests of any group. As a result, the Nawab was forced to sign India’s Instrument of Accession.

• The state of Bhopal wanted to proclaim independence as well. Hamidullah Khan, a Muslim Nawab, ruled over a Hindu majority.
• He was an ardent opponent of Congress’s rule and a close ally of the Muslim League. He had expressed his desire for independence to Mountbatten.
• The latter, on the other hand, responded that “no king could flee the realm nearest to him.”
• The Prince had become aware of the enormous number of princes who had acceded to India by July 1947 and had decided to join the kingdom..

Hyderabad

It spanned much of the Deccan plateau and was the largest and wealthiest of all princely states. Nizam Mir Usman Ali ruled over a princely realm with a primarily Hindu population.

•His demand for independence was unambiguous, and he flatly refused to join the Indian dominion.With Jinnah’s backing, the fight for Hyderabad grew more intense over time.

•Despite Patel’s and other mediators’ demands and threats, the Nizam continued to strengthen his army by acquiring weaponry from Europe.

Things took a turn for the worse when armed zealots (Razakars) committed violence against Hyderabad’s Hindu residents.

Following the resignation of Lord Mountbatten in June 1948, the Congress government chose to take a more assertive approach. As part of ‘Operation Polo,’ Indian troops were dispatched to Hyderabad on September 13, 1948. After a four-day armed confrontation, the Indian army acquired full control of the state, and Hyderabad became an essential part of India. The Nizam was thereafter made governor of the state of Hyderabad as a reward for his submission.

Junagadh

• The princely state of Gujarat, which is located in southeastern Gujarat, did not join India until August 15, 1947. It was the most significant of the Kathiawar states, with a substantial Hindu population, and was ruled by Nawab Muhammad Mahabat Khanji III. • Despite Mountbatten’s concerns, on September 15, 1947, Nawab Mahabat Khanji elected to join Pakistan, stating that Junagadh was connected to Pakistan by sea. Mangrol and Babariawad, two states under Junagadh’s suzerainty, reacted by declaring independence from Junagadh and acceding to India.

• As a result, the Nawab of Junagadh occupied both states militarily. Other neighbouring states retaliated violently, sending troops to the Junagadh border and asking assistance from the Indian government.

• India refused to accept the Nawab’s choice of accession because it worried it would intensify already simmering sectarian tensions in Gujarat. • The government underlined that the state was 80 percent Hindu and called for a vote on the topic of accession.

• India cut off fuel and coal supplies to Junagadh, cut off air and postal communications, dispatched soldiers to the border, and occupied the acceded-to-India princely states of Mangrol and Babariawad.

In exchange for the departure of Indian soldiers, Pakistan agreed to organise a plebiscite, which India rejected.

• On October 26, the Nawab and his family fled to Pakistan after confrontations with Indian troops. Before leaving, the Nawab had emptied the state treasury of cash and securities. On November 7, 1947, Junagadh’s court, facing collapse, urged the Government of India to take over the state’s administration. • Sir Shah Nawaz Bhutto, the Dewan of Junagadh and father of the more famous Zulfiqar Ali Bhutto, decided to seek government assistance. Dewan’s invitation to intervene was accepted by the Indian government. A plebiscite was held in February 1948, and the outcome was almost overwhelmingly in support of India’s accession. Junagadh was a part of the Indian state of Saurashtra till it was merged into the state of Bombay on November 1, 1956.

• In 1960, the state of Bombay was partitioned into the linguistic states of Maharashtra and Gujarat, which included Junagadh. Since then, Junagadh has been a part of Gujarat.

Kashmir

• It was a princely kingdom controlled by a Hindu king over a mostly Muslim populace that had refused to join either dominion. • Kashmir’s monarch, Maharaja Hari Singh, had presented a cease-fire agreement to both India and Pakistan, pending a definitive decision on the state’s accession, which was not only unique but also one of the most challenging cases because it had major international borders. Pakistan ratified the cease-fire agreement, but subsequently invaded Kashmir from the north with a force of soldiers and tribal fighters.

• In the early hours of October 24, 1947, tens of thousands of tribal pathans flooded into Kashmir. India was asked to help the Maharaja of Jammu and Kashmir. He sent Sheikh Abdullah, his agent, to Delhi to seek India’s help.

• Maharaja Hari Singh escaped Srinagar on October 26, 1947, and arrived in Jammu, where he signed the J&K state’s “Instrument of Accession.”

•India’s jurisdiction would cover external affairs, communications, and defence, according to the stipulations of the treaty.

Indian forces were airlifted into the state after the agreement was signed and fought alongside Kashmiris.

• On March 5, 1948, Maharaja Hari Singh declared the formation of a temporary popular administration, led by Sheikh Mohammed Abdullah. In 1951, the state constituent assembly was elected. It met for the first time in Srinagar on October 31, 1951.

• In 1952, the Prime Ministers of India and Jammu and Kashmir signed the Delhi Agreement, which gave the state a special status inside the Indian Constitution.

•On February 6, 1954, the constituent legislature of J&K confirmed the state’s entry to the Union of India.

The President then issued a constitution order under Article 370 of the Constitution, extending the Union Constitution to the state with various restrictions and adjustments.

• According to Section 3 of the J&K constitution, Jammu and Kashmir is and will remain an integral part of the Indian Union. On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019.

• The ruling effectively nullifies Jammu and Kashmir’s unique status under Article 370, which said that parts of the Constitution that applied to other states did not apply to Jammu and Kashmir (J&K).

join our telegram link for more update

NCERT HISTORY 6th TO 12th CLASS ( 6 to 12 class) right now

(The Union and its Territory)