Articles Related to Union and Its Territory

Part I of the Constitution (Articles 1 to 4) deals with the territorial structure of India.

Article 1: Name and Territory of India

“India, that is Bharat”

• The Constitution recognizes two official names:
• India (used internationally).
• Bharat (used in Hindi and Indian languages).

India as a “Union of States”

• Unlike the USA (which is a federation of states that can secede), India is an indestructible union of destructible states.
• States do not have the right to secede from the Union.

Territory of India Includes:

• States (28)
• Union Territories (UTs) (8)
• Other Territories Acquired by India (Sikkim was added in 1975 through a constitutional amendment.)

Article 2: Admission or Establishment of New States

• Parliament has the power to admit or create new states.
• It can be done by ordinary legislation (not a constitutional amendment).
• Examples:
  • Sikkim became a state in 1975 (36th Constitutional Amendment).
  • Goa was made a state in 1987.

Article 3: Formation of New States and Alteration of Boundaries

Parliament can:

• Create a new state by separating a territory from an existing state.
• Merge two or more states.
• Alter the boundary of a state.
• Rename a state.

Procedure for Changing State Boundaries

• The bill is introduced in Parliament with the President’s prior recommendation.
• The concerned state legislature is consulted, but its consent is not mandatory.
• Parliament passes the bill with a simple majority.
• The new state/boundary change is implemented.

Examples:

• Haryana separated from Punjab (1966).
• Telangana separated from Andhra Pradesh (2014).
• Jammu & Kashmir was reorganized into two UTs (2019).

Article 4: Laws Under Articles 2 & 3 Are Not Constitutional Amendments

• Changes in state boundaries or names are made through an ordinary law (not a constitutional amendment).
• This ensures flexibility in modifying India’s territorial structure.

Evolution of States and Union Territories in India

States Reorganization Act, 1956

• Reorganized states on linguistic basis.
• 14 states and 6 UTs were created.

New States Created After 1956

Union Territories (UTs) and Their Administration

• India originally had 6 UTs (1956), now has 8 UTs.
• Some UTs have legislatures (like Delhi, Puducherry, J&K), others are directly controlled by the President through an Administrator.
• Jammu & Kashmir and Ladakh became UTs in 2019 (Article 370 removed).
• Dadra & Nagar Haveli merged with Daman & Diu (2020).

Current 8 Union Territories

• Andaman & Nicobar Islands
• Chandigarh
• Dadra & Nagar Haveli and Daman & Diu
• Lakshadweep
• Puducherry (has legislature)
• Delhi (has legislature)
• Jammu & Kashmir (has legislature)
• Ladakh

Can a State Secede from India?

• No, the Constitution does not allow secession.
• India is an “indestructible union of destructible states”.
• States can be created, altered, or merged.
• No state has the right to separate from India.
• Jammu & Kashmir’s special status (Article 370) was removed in 2019, reaffirming that states cannot have independent sovereignty.

Key Takeaways for UPSC

• India is a Union of States, not a Federation (states cannot secede).
• Parliament has full power to create, alter, or rename states (Articles 2 & 3).
• Changes in states do not require a constitutional amendment.
• Union Territories are directly controlled by the Centre.
• States Reorganization Act, 1956, reorganized states on a linguistic basis.
• The latest state created: Telangana (2014).
• The latest territorial change: J&K & Ladakh UTs (2019).

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