P1/01-04 Union & Its Territory

Question 1

As per Article 1: Provisions of the Constitution pertaining to the states are APPLICABLE TO ALL THE STATES in the same manner EXCEPT…

Answer 1

1. Jammu & Kashmir: Art 370: Separate state constitution
2. Special Provisions: Part 21: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, & Goa OVERRIDE GENERAL PROVISIONS RELATING TO STATES AS A CLASS
3. 5th & 6th Scheduled: SEPARATE PROVISIONS with respect to the ADMINISTRATION OF SCHEDULED & TRIBAL AREAS within the state

Question 2

Art 1 classifies territories into which three categories?

Answer 2

1. Territories of the state
2. Union territories
3. Future territories

Question 3

As per Art 1, CONSTITUTION IS FEDERAL then why it’s mentioned as UNION OF STATES?

Answer 3

1. Indian federation is NOT THE RESULT OF AN AGREEMENT AMONG THE STATES
2. the STATES HAVE NO RIGHT TO SECEDE FROM THE FEDERATION = FEDERATION IS AN UNION BECAUSE IT’S INDESTRUCTIBLE

Question 4

Which Articles in the constitution deals with the formation or reorganisation of new states?

Answer 4

Art 2 & 3

Question 5

Article 2 talks about…

Answer 5

Admission or establishment of NEW STATES.

Question 6

Which article talks about formation of new states and alteration of areas, boundaries or names of existing states?

Answer 6

Article 3

Question 7

Article 4 talks about art 2&3 in what sense?…

Answer 7

Laws made under Art 2 & 3 are NOT amendments of the constitution under Art 368. This means that such laws can be PASSED by a SIMPLE MAJORITY & by the ORDINARY LEGISLATIVE PROCESS.

Question 8

Does the power of Parliament to diminish the areas of a state (under Art 3) also includes the power to CEDE Indian territory to a foreign country?

Answer 8

NO! As per SC, Article 3 does NOT cover cession of Indian territory to a foreign country.

Hence, Indian territory can be ceded to a foreign state ONLY BY AMENDING A CONSTITUTION UNDER ART 368.

This question came up for examination before the SC in reference made by the President in 1960; as the decision of the Union govt to cede part of a territory known as BERUBARI UNION (WB) to Pakistan led to political agitation and controversy.

Question 9

Under Art 3, Formation or changes in EXISTING STATES of the Union of India is subjected to which conditions?

Answer 9

1. Bill contemplating these changes can be INTRODUCED IN PARLIAMENT ONLY.
2. PRESIDENT has to REFER the same to the STATE LEGISLATURE CONCERNED for expressing its views (NOT BINDING on Parliament) WITHIN A SPECIFIED PERIOD (NOT NEEDED FOR UT)

Question 10

What are aspects of state reorganisation Art 3 covers?

Answer 10

1. Alter the name
2. Alter the boundaries
3. Add area
4. Subtract area
5. Form new state