Class 9 Flashcards
Territory of India consists of
○ States
○ Union Territories
○ Territories that may be acquired
First Schedule
○ Names of States and Union Territories
○ Territorial Extent
Territory of India
○ 28 States ○ 8UTs
EQUALITY OF STATES
● Constitution of India
● Exceptions
● Schedule 5 and Schedule 6
○ Applicable to all the States – uniformly and equally
○ Part XXI – Special Provisions for Certain States
○ Scheduled Areas, Tribal Areas and Scheduled Tribes
○ Special Provisions
TERRITORY VS UNION
● Union of States
○ Smaller concept
○ Contains only the States
● Territory of India
○ Wider concept
○ Contains the States, Union Territories and Territories that may be acquired
4 modes of acquisition possible
○ Cessation – Formally one state being transferred to the other through treaty, agreement, etc,. Mostly Consensual
○ Occupation – Territory not occupied by anyone at the moment
○ Conquest – Acquiring territory through use of force and war
○ Subjugation – Suppressing the revolt of a population to bring them under the control
ARTICLE 2
● Power of the Parliament
● Parliament can
○ To establish new States
○ Admit into “Union of States” – new States
○ By law (to be passed by Simple Majority of the Parliament)
○ Convert Union Territories into States through this
○ Also – establish brand new states
ARTICLE 3
● Internal Changes by Parliament in existing States and Union Territories
● Parliament can do this
○ Name change
○ Boundary change
○ Area change
○ Merge 2 States or Union Territories
○ Divide 2 States or Union territories
○ By law – to be passed by Simple Majority
PROCEDURE UNDER ARTICLE 3
● Any Bill to make such internal changes
● The Bill to make such changes
● Before recommending the Bill to the Parliament
○ To be introduced in the Parliament
○ With the prior Recommendation of the President
○ Can be introduced in either Lok Sabha or Rajya Sabha
○ President – refer the Bill to the State Legislature
○ For their opinion
○ Within a specified time period
PROCEDURE UNDER ARTICLE 3
● Opinion of the States
● Once the Bill is introduced in the Parliament
● Opinion of the States
○ Not binding over the President
○ If any amendments are made to the Bill
○ No need to refer to the States for their opinion
○ To be asked only once
PROCEDURE UNDER ARTICLE 3
● In case of Union Territories with Legislatures
○ Delhi, Puducherry, Jammu and Kashmir
● No need to refer the Bill to the Union Territories
● Bill can be introduced in the Parliament
○ Without asking for the opinion of the Union Territories ● Parliament
○ Final authority to take the decisions
Article 2 and 3
○ Parliament – power to take decisions
○ Without the consent of the constituent units
○ Features of a strong center
Indestructible Union of Destructible States
○ States can be divided
○ Without their approval
○ By the Parliament
ARTICLE 2 & 3
● Existence of States
● Parliament
○ No guarantee in the Constitution
○ Sole authority
○ To amend the Political Map of India
COMPARISON WITH US
● US
● Congress
● Existence of a State
○ Indestructible Union of Indestructible States
○ Cannot modify the boundaries without the approval of the States
○ Guaranteed by the Constitution