Union and Territories

Constitutional Provisions

Part-I, Articles- 1 to 4
Schedule – 1
It is about Name of State & UTs, 4th schedule is about seats allocation in Rajya Sabha.

Article – 1

India that is Bharat, shall be the Union of States.
The word Federation is not mentioned in the constitution.
Though the Indian Constitution consists of Federal Features.

Union of States

It means-

Indian union is not a result of the agreeement between the states (such agreements are seen in USA, Switzerland, European Union etc.)
The states do not have any right to secede from the union.
Indian union is indestructible union of destructible states.
Indian Territories :- States , U.Ts and those territories which may be acquired in Future

Article-2 :

Related to the admission or establishment of new states that are not part of the Union of India.
Parliament may by law admit into the Union or establish, new states on such term and conditions as it thinks fit.

Article–3 :

Deals with the formation of a new state out of the territories of the existing states.
Parliament has the power to form a new state by separation of territory from any state. Increase or diminish the area of any state, alter the boundaries or name of any state.
The Bill introducing the above changes should be introduced in the Parliament with the Prior recommendation of President.
Before introducing in the Parliament, the President has to refer the Bill to the concerned state legislature for its view within a specified period. The Parliament is not bound by the views of the concerned states.
In case of union territories no reference need to be made to concerned legislature.

Key Differences

Feature	Article – 2	Article – 3
Scope	Admission of new states from outside India	Reorganization of existing Indian States
Example	Sikkim’s merger with India. 36thAmendment 1975.	Formation of Telangana (2014).
Parliament’s Power	Can admit new states into the Union	Can alter boundaries, names and create new states within India.
State Legislature’s Role	Not required	Consulted but not binding

In short, Article 2 deals with adding external territories while Article 3 deals with reorganizing existing ones.

Article 4 :

States that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or name of existing states (under Article 3) are not deemed to be Constitutional Amendment Under Article 368. Such laws are passed by a simple majority and ordinary legislative process.

Reorganisation of States

The States in India can be reorganized by the parliament by following means –
Bifurcation of States
Altering the boundary & Names of the States
Declaring new UTs. Or creating states from UTs etc.
Parliament of India has the powers to alter the political map of India by bringing changes into the existing states and UTs.
Therefore the reorganisation of states is a unitary feature of the constituion.
Hence it is said that the union of India is indestructible but the states are destructible.

Procedure for reorganisation of States in India

A state reorganisation bill is required to be introduced in Parliament.
Before introduction of the Bill in Parliament the Prior recommendation of President is required and also the President refers the Bill to the concerned state legislature for its views within a specified time limit.
However the views of the state legislautres are not binding on the President or the Parliament of India.
Now the states reorganisation Bill can be introduced either in Lok Sabha or in Rajya Sabha.
The Bill needs to be passed by simple majority in both the houses.
Thereafter it is sent to the President for his assent. If the President gives assent then the Bill becomes Law.

Committee/Commission for State Reorganisation

The all party conference headed by Motilal Nehru had pitched for linguistic basis of state in 1928 itself. After Independence following committees were constituted.

1. Dhar Commission (1948)

Purpose : To examine the feasibility of reorganisation of States on a linguistic basis.
Recommendation: Opposed reorganisation on linguistic lines and instead suggested reorganisation based on administrative convenience, geographical contiguity, financial self sufficiency and economic development.
Impact : Its recommendations were rejected due to strong public demand for linguistic states.

2. JVP Committee (1948)

Members : Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya.
Purpose : To study the demand for linguistic states.
Recommendation : Rejected the idea of reorganization solely based on language, but stated that if there was strong public sentiment, linguistic state could be considered in the Future.
Impact : Did not resolve linguistic state demands, leading to further agitation.
Aftermath of the JVP Committee :- Despite the committee’s recommendations; linguistic demands for statehood continued to grow, the rejection of linguistic states led to mass protests especially in the Telugu-speaking regions.

The Martyrdom of Potti Sriramulu (1932)

Potti Sriramulu, a Gandhian leader, went on an indefinite hunger strike demanding a separate Andhra State for Telugu speakers. After 58 days of fasting, he died on December 15, 1952, leading to widespread unrest.
Due to immense public pressure, the government was forced to create the first linguistic state-Andhra Pradesh on October 1, 1953, by carving it out from the Madras Presidency.

Formation of the State Reorganisation Commission (1953-55)

The formation of Andhra Pradesh intensified demands for linguistic states across India. In response, the states Reorganization Commission (SRC) was formed in 1953 under Fazl Ali to comprehensively examine the issue. Fazl Ali (Chairman), H.N. Kunzru and K.M. Panikkaras members.
The SRC recommended reorganisation on linguistic lines, leading to the State Reorganisation Act of 1956, which created 14 States and 6 Union territories.

Summary Table of Union Territoties and Their Integration
Union Territory	Year of Integration	Mode of Integration
Andaman & Nicobar	1950	Taken from British rule
Chandigarh	1966	Created as a capital for Punjab & Haryana
Dadra and Nagar Haveli and Daman and Diu	1954 (Dadra & Nagar Haveli),1961 (Daman & Diu)	Liberated from Portuguese rule
Lakshadweep	1956	Part of British India, taken over after independence
Delhi	1956	Former British capital, retained under central control
Puducherry	1954 (joined India), 1962 (UT status)	French colony merged through Referendum
Jammu & Kashmir	2019	Special status revoked, converted into UT
Ladakh	2019	Separated from J&K as a new UT

1. Goa, Daman & Diu (1961) – Annexed through Operation Vijay

Status before integration: Portuguese colony since the 16th century.
Issue: Portugal refused to give up its territories even after India’s independence.
Action Taken:
Operation Vijay (December 18-19, 1961): Indian Army, Navy, and Air Force launched a military action.
Portuguese forces surrendered on December 19, 1961.

Result : Goa, Daman & Diu became a Union Territory in 1961.
Relevant Constitutional Amendment :
12th Constitutional Amendment Act (1962) added Goa, Daman & Diu as a Union Territory of India.
Goa later became a full state in 1987 under the 56th Constitutional Amendment Act (1987).

2. Sikkim (1975) – Merger through Referendum

Status before integration: A Himalayan kingdom ruled by the Chogyal dynasty, under India’s protectorate since 1950.
Issue:
Political instability and demands for full merger with India.
The Chogyal (King) was unpopular among the people.

Action Taken:
In April 1975, a referendum was held, and 97.5% of voters opted to join India.
The Indian Parliament abolished the monarchy and officially merged Sikkim.

Result :- Sikkim became the 22nd state of India on May 16, 1975.
Relevant Constitutional Amendment:
35th Constitutional Amendment Act 1974 made Sikkim a “Associate State”.
36th Constitutional Amendment Act (1975) made Sikkim a full-fledged state and added it to the First Schedule of the Indian Constitution.

3. Puducherry (1954) – French Territories Merged

Status before integration : French colony since the 17th century.
The Union Territory of Puducherry comprises of the erstwhile French colonies viz. Puducherry, Karaikal, Mahe and Yanam. The Puducherry and Karaikal regions are surrounded by the State of Tamilnadu, whereas Mahe is surrounded by the State of Kerala and Yanam by the state of Andhra Pradesh.
Issue : France was unwilling to secede its Indian territories initially.

Action Taken :
Referendum in 1954 in which residents voted for merger with India.
A treaty was signed between India and France in 1956, but formal ratification was delayed.
The territories were administered as a Union Territory from 1954, but full legal integration happened in 1962.

Result: Puducherry officially became a Union Territory of India in 1962.
Relevant Constitutional Amendment: 14th Constitutional Amendment Act (1962) included Puducherry as a Union Territory in the First Schedule.

Union Territories (Part VIII of the Constitution)

Union Territories (UTs) are administrative divisions in India that are directly governed by the

Central Government, unlike the states which have their own elected governments. The concept

of Union Territories is unique to the Indian federal structure and was created to accommodate

regions with:

• Strategic importance

• Cultural distinctiveness

• Political sensitivity

• Small geographic or population size

As of now, India has 8 Union Territories: Delhi, Chandigarh, Puducherry, Jammu & Kashmir, Ladakh, Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep.

Administration of Union Territories

The administration of Union Territories is governed primarily by Articles 239 to 241 in Part VIII of the Indian Constitution.

1. Article 239 : Administration by the President : Every Union Territory is administered by the President through an administrator appointed by him.

▪ The administrator may be designated as a Lieutenant Governor, Chief Commissioner, or Administrator.

▪ The administrator acts as a representative of the President and governs under his guidance. The administrator is an agent of the President and not the head of the state like the Governor. The President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

2. Article 239A: Creation of local Legislatures or Council of Ministers or both for certain Union territories.

Introduced by the 14th Amendment Act, 1962.

▪ Provides for Legislative Assemblies and Councils of Ministers for certain Union Territories, such as Puducherry, by an act of Parliament.

▪ Such acts of Parliament shall not be deemed to be an amendment of the constitution under article 368.

Special provision regarding Delhi – Article 239AA

Article 239AA of the Indian Constitution was inserted by the 69th Constitutional Amendment Act, 1991, and it provides special provisions for the National Capital Territory (NCT) of Delhi.This Article creates a quasi-state structure for Delhi, giving it a Legislative Assembly and a Council of Ministers, while also retaining substantial powers in the hands of the Union Government.

1. Union Territory with a Legislature : Article 239AA(1) states that Delhi shall be called the National Capital Territory of Delhi. It will have a Legislative Assembly with elected members through direct elections. The total number of seats and other matters are determined by law made by Parliament. Also the administrator of Delhi will be referred as Lieutenant Governor. 106th Constitutional Amendment act 2023 provides women reservation in Delhi Assembly also.

2. Legislative Assembly – Powers and Functions : As per Article 239AA(3), the Legislative Assembly of Delhi can make laws on subjects in the State List and Concurrent List, except for:

• Public order, Police and Land

▪ These three subjects are reserved exclusively for the Union Government.

▪ However, the Parliament retains the power to make laws for the NCT of Delhi on any matter in the State List or Concurrent List. Also in case of repugnancy the law made by Parliament will prevail.

3. Council of Ministers : Article 239AA(4) mandates that there shall be a Council of Ministers (not more than 10% of the total strength of the Assembly), headed by a Chief Minister.

The strength of assembly has been fixed at 70 members. The Chief Minister is appointed by the President, and other ministers are appointed by the President on the advice of the Chief Minister. The Council of Ministers aids and advises the Lieutenant Governor (LG) in the exercise of his functions except in matters where he is required to act in his discretion.

4. Lieutenant Governor (LG) : The LG is the administrative head of Delhi, appointed by the President. In case of a difference of opinion between the LG and the Council of Ministers, the LG can refer the matter to the President and act according to the President’s decision. Pending such decision, the LG can take any action he deems appropriate.

5. Limitations on Legislative Power : While the Assembly enjoys legislative power, it is subordinate to Parliament, and laws passed by the Delhi Assembly can be overridden by a Parliamentary law.

• Article 239AB: President’s Rule in UTs : It empowers the President of India to suspend the functioning of the Legislative Assembly and the Council of Ministers of the National Capital Territory (NCT) of Delhi.

▪ This can be done if the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied that the administration of the NCT cannot be carried on in accordance with the provisions of Article 239AA. In such a case, the President may suspend the operation of any part of Article 239AA and make necessary provisions for administration of Delhi through Parliamentary law or executive action.

▪ This provision is similar to President’s Rule under Article 356 for states and is meant to be used in extraordinary situations where constitutional machinery breaks down in Delhi.

• Article 239B : Power of administrator to promulgate Ordinances during recess of Legislature : It empowers the Lieutenant Governor (LG) of a Union Territory to promulgate ordinances when the Legislative Assembly is not in session and immediate action is necessary. These ordinances have the same force and effect as laws passed by the legislature, but they must be laid before the Assembly when it reassembles. An ordinance ceases to operate six weeks after the Assembly reconvenes, unless it is approved earlier. The LG can only promulgate ordinances with the prior instructions of the President in cases where his approval is required.

• Article 240: Power of President to Make Regulations : It empowers the President to make regulations for the peace, progress, and good governance of certain Union Territories, namely Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Chandigarh. These regulations have the same force as an act of Parliament and can even override existing laws in these territories.

• Article 241 : It provides for the establishment of High Courts for Union Territories. It empowers Parliament to constitute a High Court for a Union Territory or to extend the jurisdiction of an existing High Court to one or more Union Territories.

Union Territory	Administrator	Elected Legislature	Council of Ministers	High Court Jurisdiction
Delhi (NCT of Delhi)	Lieutenant Governor	Yes	Yes	Delhi High Court
Puducherry	Lieutenant Governor	Yes	Yes	Madras High Court
Jammu & Kashmir	Lieutenant Governor	Yes	Yes	Jammu & Kashmir and Ladakh High Court
Ladakh	Lieutenant Governor	No	No	Jammu & Kashmir and Ladakh High Court
Andaman and Nicobar Islands	Lieutenant Governor	No	No	Calcutta High Court (Port Blair bench)
Chandigarh	Administrator (Governor of Punjab)	No	No	Punjab & Haryana High Court
Dadra and Nagar Haveli and Daman and Diu	Administrator	No	No	Bombay High Court
Lakshadweep	Administrator	No	No	Kerala High Court

FAQs

1. Which article of the Indian Constitution deals with the name and territory of the Union?

(A) Article 4 (B) Article 3

Ans :- (D) Article 1

Article 1 declares India as a “Union of States” and defines the name and territory of the country.

2. Under which Article can the Parliament alter the boundaries of existing states?

(A) Article 4 (B) Article 5

Ans :- (C) Article 3

Article 3 provides for formation, alteration or renaming of states through a law passed by Parliament.

3. Which of the following was the first state formed on a linguistic basis in 1953?

(A) Gujarat (B) Andhra Pradesh

Ans :- (B) Andhra Pradesh

Andhra Pradesh was created in 1953 after the demand for a Telugu speaking state.

4. The reorganization of Indian States in 1956 was based on the recommendations of which commission?

(A) Rajamannar Commission

(B) Mandal Commission

(D) State Reorganization Commission

Ans :- (D) State Reorganization Commission

The State Reorganization Act, 1956 was based on the report of the Fazi Ali Commission (1953).

5. The term “Union of States” Instead of “Federation of States” was used to indicate that:

(A) States have no right to secede

(B) States are equal in power

(D) The constitution is flexible

Ans :- (A) States have no right to secede

The term union of states signifies indivisibility and prevent secession of any state.

6. Which of the following is the 1st linguistic State of India?

(A) Tamil Nadu (B) Maharashtra

Ans (C)Andhra Pradesh

First linguistic state of India is Andhra Pradesh (1 Oct, 1953)

7. How many states and UTs were formed by States Reorganization Act-1956?

(A) 10 States, 12 UTs (B) 14 States, 8 UTs

Ans (C)14 States, 6 UTs

8. Select the correct statements regarding state reorganisation in India.

I. Prior recommendation of President is required.

II. States views are binding on the President.

(A) I only (B) II only

Ans (A) I only

9. Select the correct statements regarding reorganisation of states in India.

I. It is the Federal Feature of the Indian Constitution.

II. States reorganisation Bill can be introduced in Lok Sabha only.

(A) I only (B) II only

Ans.(D) Neither 1 nor 2

It is the Unitary Feature of the Indian Constitution and State reorganisation Bill can be introduced in Both houses.

Unitary Feature	Federal Feature
When more powers are with the Union of India. Example – Reorganisation of State is done by Parliament of India and States don’t have any say with regards to it.	When the powers are divided between the centre and the states. Both Union and States work independently in their Jurisdiction

10. According to constitution which of the following are included in the territory of India.

(A) States only (B) U.Ts only

Ans(D) States, Uts & other territories aquired in future

11. Who has the authority to create a legislative assembly for a Union Territory?

(A) The President of India (B) Lieutenant General

Ans (C)The Parliament

• The legislative sections are divided into three lists-

▪ The Union List

▪ The State List

▪ The Concurrent List

• It is under the power of the Parliament to make laws on any subject given in these lists especially laws related to the Union Territories.

• The Union Territories are dealt with in Articles 239 to 241 in Part VIll of the constitution.

FAQs

Leave a comment Cancel reply