Union and Its Territory

Union and Its Territory (Articles 1-4)

Union and Its Territory: Articles 1 to 4 under Part-I of the Indian Constitution deal with the Union and its territory. These provisions establish India’s federal structure, define territorial composition, and provide mechanisms for reorganization of states.

Article 1: India as a ‘Union of States’

Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. This deliberate choice of terminology reflects two fundamental characteristics:

Name of the Country: The Constituent Assembly adopted a composite name—’India, that is, Bharat’—to reconcile traditional and modern nomenclatures, satisfying divergent viewpoints among members.

Nature of Polity: Dr. B.R. Ambedkar explained that the term ‘Union of States’ was preferred over ‘Federation of States’ for two critical reasons:

• The Indian Federation is not the result of an agreement among the states (unlike the American Federation)

• The states have no right to secede from the federation

• The Union is indestructible, making India “an indestructible union of destructible states”

Territorial Classification

Article 1 classifies India’s territory into three categories:

1. Territories of the states (currently 28 states)

2. Union territories (currently 8 UTs)

3. Territories that may be acquired by the Government of India at any time

The territorial extent of states and UTs is specified in the First Schedule of the Constitution. The term ‘Territory of India’ is wider than ‘Union of India’—the former includes states, union territories, and any acquired territories, while the latter comprises only the states.

Article 2: Admission or Establishment of New States

Article 2 empowers Parliament to:

• Admit into the Union new states (already in existence)

• Establish new states (not previously in existence)

Parliament can do so on such terms and conditions as it deems fit. This provision relates to territories not part of the Union, distinguishing it from Article 3, which deals with internal reorganization of existing states.​

Article 3: Parliament’s Power to Reorganize States

Article 3 grants Parliament comprehensive powers to:

• Form a new state by separating territory from any state or uniting two or more states/parts of states

• Increase the area of any state

• Diminish the area of any state

• Alter the boundaries of any state

• Alter the name of any state

Procedural Safeguards

Two conditions must be fulfilled:

1. The bill must be introduced in Parliament only with the prior recommendation of the President

2. Before recommending the bill, the President must refer it to the concerned state legislature for expressing views within a specified period

Important Points:

• The President is not bound by the state legislature’s views

• No fresh reference is needed for amendments moved in Parliament

• For union territories, no reference to their legislature is required

• Parliament can redraw India’s political map without the consent of states

This makes India “an indestructible union of destructible states”—the Union can destroy states, but states cannot destroy the Union. This contrasts with the USA, described as “an indestructible union of indestructible states,” where state consent is required for territorial changes.

Article 4: Amendment Procedure

Article 4 declares that laws made under Articles 2 and 3 are not considered constitutional amendments under Article 368. Such laws can be passed by:

• Simple majority

• Ordinary legislative process

This provision facilitates easier reorganization of states without requiring the special majority needed for constitutional amendments.​

Cession of Territory to Foreign Countries

A significant constitutional question arose regarding whether Parliament’s power to diminish state areas (Article 3) includes ceding Indian territory to foreign countries.

Supreme Court Ruling (1960): In a Presidential reference concerning the proposed cession of Berubari Union (West Bengal) to Pakistan, the Supreme Court held that:

• Article 3 does not cover cession of Indian territory to foreign countries

• Such cession requires constitutional amendment under Article 368

• Consequently, the 9th Constitutional Amendment Act (1960) was enacted to transfer Berubari Union to Pakistan

However, the Supreme Court ruled in 1969 that settlement of boundary disputes with foreign countries does not require constitutional amendment and can be done by executive action, as it does not involve cession of territory.​

Evolution of States and Union Territories

Integration of Princely States (1947-1950)

At independence, India comprised:

• British provinces (under direct British rule)

• Princely states (under native princes subject to British paramountcy)

The Indian Independence Act (1947) gave princely states three options: join India, join Pakistan, or remain independent.

Integration Results:

• Of 552 princely states, 549 joined India voluntarily

• Three states initially refused: Hyderabad, Junagarh, and Kashmir

• They were eventually integrated: Hyderabad (police action), Junagarh (referendum), Kashmir (Instrument of Accession)

Four-fold Classification (1950)

The original Constitution contained a four-fold classification with 29 political units:

Linguistic Reorganization Movement: 

Dhar Commission (1948): The S.K. Dhar-led Linguistic Provinces Commission recommended reorganization based on administrative convenience rather than linguistic factors, creating resentment.​

JVP Committee (1948): Formed by the Congress Party, comprising Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya, it formally rejected language as the basis for reorganization in April 1949.​

Andhra State (1953): Following prolonged agitation and the death of Potti Sriramulu after a 56-day hunger strike, the first linguistic state was created by separating Telugu-speaking areas from Madras.​

Fazl Ali Commission (1953): Appointed to re-examine the issue, this three-member commission (Fazl Ali, K.M. Panikkar, H.N. Kunzru) submitted its report in September 1955. It:

• Broadly accepted language as a basis for reorganization

• Rejected “one language–one state” theory

• Identified four major factors: (a) Unity and security of India, (b) Linguistic and cultural homogeneity, (c) Financial and administrative considerations, (d) Welfare and development​

States Reorganisation Act (1956): By the 7th Constitutional Amendment Act (1956), the four-fold classification was abolished. On November 1, 1956, 14 states and 6 union territories were created.​

Major Reorganizations Since 1956:

1. 1960: Maharashtra and Gujarat

The bilingual state of Bombay was divided into:

• Maharashtra for Marathi-speaking people

• Gujarat for Gujarati-speaking people (15th state)​

2. 1961: Dadra and Nagar Haveli

Portuguese-ruled territory liberated in 1954, converted into UT by the 10th Constitutional Amendment Act, 1961.​

3. 1962: Goa, Daman and Diu

Acquired from Portugal through police action in 1961, constituted as UT by the 12th Constitutional Amendment Act, 1962. Goa was granted statehood in 1987, while Daman and Diu became a separate UT.​

4. 1962: Puducherry

Former French establishments (Puducherry, Karaikal, Mahe, Yanam) handed over to India in 1954, made UT by the 14th Constitutional Amendment Act, 1962.​

5. 1963: Nagaland

Formed as the 16th state by taking Naga Hills and Tuensang area from Assam to satisfy the Naga movement.​

6. 1966: Haryana and Chandigarh

Punjab was bifurcated following the Akali Dal’s demand for “Punjabi Subha” (Sikh homeland). The Shah Commission (1966) recommended:

• Haryana (17th state) for Hindi-speaking areas

• Punjab retained Punjabi-speaking areas

• Chandigarh created as UT (joint capital)

• Hill areas merged with Himachal Pradesh​

7. 1971: Himachal Pradesh

The UT of Himachal Pradesh was elevated to 18th state status.​

8. 1972: Manipur, Tripura, and Meghalaya

Major reorganization of Northeast India:

• Manipur (19th state), Tripura (20th state), and Meghalaya (21st state) granted statehood

• Mizoram and Arunachal Pradesh (originally NEFA) created as UTs

• Meghalaya was initially an “autonomous state” within Assam (22nd Amendment Act, 1969) before full statehood​

9. 1975: Sikkim

• Until 1947: Indian princely state ruled by Chogyal

• 1947: Became Indian ‘protectorate’ (defense, external affairs, communications)

• 1974: 35th Amendment Act conferred “associate state” status (Article 2A, Tenth Schedule added)

• 1975: After referendum for abolition of Chogyal institution, the 36th Amendment Act made Sikkim the 22nd state, adding Article 371-F for special provisions​

10. 1987: Mizoram, Arunachal Pradesh, and Goa

• Mizoram (23rd state): Following the Mizoram Peace Accord (1986) ending two-decade insurgency

• Arunachal Pradesh (24th state): Former NEFA, UT since 1972

• Goa (25th state): Separated from Goa, Daman and Diu UT​

11. 2000: Three New States

Three states carved from existing states:

• Chhattisgarh (26th state) from Madhya Pradesh (1 November 2000)

• Uttarakhand (27th state) from Uttar Pradesh (9 November 2000)

• Jharkhand (28th state) from Bihar (15 November 2000)​

12. 2014: Telangana

Telangana became the 29th state on 2 June 2014, carved from Andhra Pradesh through the Andhra Pradesh Reorganisation Act, 2014. This followed decades of political agitation for a separate state for Telugu-speaking people of the Telangana region.​

Key Features:

• Hyderabad designated as joint capital for 10 years

• Telangana has 119 Legislative Assembly seats and 17 Lok Sabha seats

• K. Chandrashekar Rao (KCR) became the first Chief Minister

• The movement culminated after the death of activists during protests​

13. 2019: Jammu & Kashmir and Ladakh

On 5 August 2019, the Government of India revoked Article 370 of the Constitution, which granted special autonomous status to Jammu and Kashmir. Through the Jammu and Kashmir Reorganisation Act, 2019, effective 31 October 2019, the state was bifurcated into two Union Territories:​

Jammu & Kashmir (UT):

• With Legislative Assembly

• Lieutenant Governor administers

• Comprises 20 districts (former J&K state had 28 districts by 2019)​

Ladakh (UT):

• Without Legislative Assembly

• Comprises Leh and Kargil districts

• Direct central administration through Lieutenant Governor

• People had demanded UT status since the 1930s due to cultural differences with Kashmir Valley​

Current Status (2025): There is ongoing demand and legal proceedings for restoration of statehood to Jammu & Kashmir. The Supreme Court in its December 2023 judgment upheld Article 370 abrogation but directed statehood restoration “at the earliest.” Union Home Minister Amit Shah stated statehood will be restored “at an appropriate time”.​

In Ladakh, protests led by environmental activist Sonam Wangchuk have demanded full statehood and inclusion under the Sixth Schedule of the Constitution to protect tribal rights, land, jobs, and cultural identity. Violent clashes occurred in September 2025.​

14. 2020: Dadra and Nagar Haveli and Daman and Diu

On 26 January 2020, the two separate UTs of Dadra and Nagar Haveli and Daman and Diu were merged into a single UT through the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019.​

Changes in Names

Several states and UTs have been renamed:

Current Status of States and Union Territories (2025)

As of 2025, India comprises 28 states and 8 union territories. The complete list with formation dates is provided in the table below:​

Note: The recent developments regarding Jammu & Kashmir statehood restoration and Ladakh’s demands for statehood represent ongoing constitutional and political processes that may reshape India’s territorial organization in the near future.​

Key Constitutional Features

Flexibility of State Boundaries

Unlike many federal systems (e.g., USA), the Indian Constitution grants Parliament unilateral power to reorganize states without their consent. This ensures:

• Adaptability to linguistic, cultural, and administrative needs

• National integration over regional autonomy

• Ease of reorganization through simple majority rather than constitutional amendment

Federal Structure with Unitary Features

The provisions under Articles 1-4 exemplify India’s unique federal structure with strong unitary features:

• States are not sovereign entities but administrative divisions

• Parliament’s supremacy in territorial matters

• Presidential recommendation required but not binding on state legislature views

• Simpler amendment process for state reorganization

This framework has enabled India to peacefully reorganize its political map multiple times, accommodating diverse linguistic, cultural, and administrative aspirations while maintaining national unity.

Indian Polity