PART I

Article 1 to 4

THE UNION AND ITS TERRITORY


Article 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 can be classified:

    (a) The territories of the States;

    (b) The Union territories specified in the First Schedule;

    (c) Such other territories as may be acquired.


Explanation:

                Article 1 describes India, that is, Bharat as a “union of state”

                Deals with two things:

1.       Name of the country

2.       Type of polity


Why India, that is, Bharat?

    Traditional name (bharat), other advocate modern name (India), hence mix of both


Article 2: Admission or establishment of new States

(a)    The power to admit into the Union of India new state

(b)   The power to establish a new state.

Those are not part of the Union of India.

 

Article 2A: [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

 

Article 3: formation of new states and alteration of areas, names of exiting States

Parliament Powers to,

(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:

 

President is not bound by the views of the state legislature, may either accept or reject them.

Constitution authorizes Parliament to form a new States or alter the areas,  boundaries or names of the existing States.

Parliament can redraw the political map of India.

India describe as "an Indestructible union of destructible states"

USA describe as "an Indestructible union of Indestructible states"

 

Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

 

Exchange the territory with Bengal

India transferred 111 enclaves to Bangladesh; Bangladesh transferred 51 enclaves to India.


Evolution of state and UTs:

The Indian independence act 1947:

Separate dominions of India and Pakistan

Three Options

Join India; join Pakistan, and Remaining Independent (Hyderabad, junagarh, Kashmir)

 

Dhar Commission and JVP Committee:

June 1948

Government of India appointed linguistic provinces commission under Chairmanship of SK DHAR

it consists of Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya. JVP

October 1953, created first linguistic state Andhra Pradesh.

 

Fazl Ali Commission:


State Reorganization commission under chairmanship of Fazl Ali, K. M.  Panikkar, H. N. Kunzru.

A.      Preservation and strengthening of the unity and security of the country.

B.      Linguistic and cultural Homogeneity.

C.      Financial, Economic and administrative consideration.

D.   Planning and promotion of the welfare of the people in each state as well as of the Nation as a Whole


Change of Names:

United Provinces - Uttar Pradesh

Madras - Tamil Nadu

Mysore - Karnataka

Uttaranchal - Uttarakhand

Orissa - Odisha


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