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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