UNION AND ITS TERRITORIES Flashcards
Union
○ Center and States have specific power and Center in more powerful
○ State donʼt have right of separation
○ Attempts to secede – Illegal
○ Related to Unitary Form of Government
○ Ex:UK
Federation
○ Center and States have their own powers
○ Center and States have almost equal status
○ Related to Federalism
○ States donʼt have a right to secede
○ Ex: USA, India
Confederation
○ States have greater power than Center
○ Central Governments are weaker
○ States can secede and have the right of separation
○ Ex: USSR, European Union
State
○ Independent government having control over a specified territory
○ Clearly defined borders
○ Internationally recognized by other countries
Concept of State
○ Linked to territory
○ The sovereign government will defend its borders
A state
○ Has bureaucracy and a legal system
○ Control defence, money printing, law making in a specified boundary.
What is a Nation?
○ Group of people having a shared history and culture
○ Socially constructed units
○ The nature of a nation can change due to circumstances
○ Kind of “imagined communities”
○ Bound together by a sense of feeling: religion, language, race, ethnicity, colour, culture,
etc.
Nation has no specific political boundaries
No well defined borders
Feeling of connectedness – spread of multiple “States”
Nation
No specific authority, no specific government
Nation-State
○ An idea where Nation and State exist together
○ Homogenous nation with a single sovereign government
○ 1 state has only 1 nation
Q.) Which one of the following best defines the term ʻStateʼ?
(a) A community of persons permanently occupying a definite territory independent of external
control and possessing an organized government.
(b) A politically organized people of a definite territory and possessing an authority to govern them,
maintain law and order, protect their natural rights and safeguard their means of sustenance.
(c) A number of persons who have been living in a definite territory for a very long time with their
own culture, tradition and government
(d) A society permanently living in a definite territory with a central authority, an executive
responsible to the central authority and an independent judiciary.
A
Coming Together Federation
○ State / sovereign entities come together
○ To create a nation and a central authority
○ States retain considerable power
○ All the states are equal
○ Transfer the remaining power to the Central Authority (common matters of interests)
Coming together federation eg
USA
Holding Together Federation
○ Central Authority holds considerable power
○ Transfers some power to the states
Holding Together Federation
○ Central Authority holds considerable power
○ Transfers some power to the states
Holding Together Federation 2
● It is not voluntary association of states
● States created
○ To manage diversity and heterogeneity ● States are mostly treated equally
○ Given power uniformly ● Ex: India
Part1
Article 1 – Article 4
Article 1
India, that is Bharat, shall be a Union of States
2 purposes of article 1
○ Name of the country
○ Type of Indian Polity
“Union of States”
It does not mean India is Unitary in structure
Why we used “Union of States” ?
○ Dr. B.R. Ambedkar gave 2 reasons for it
○ We are not Coming Together Federation – We have held on to the States
○ No State has Right to Secede – India is indestructible – Divided into states only for administration
Territory of India consists of
○ States
○ Union Territories
○ Territories that may be acquired
○ 28 States ○ 8UTs
First Schedule
○ Names of States and Union Territories
○ Territorial Extent
EQUALITY OF STATES
● Constitution of India
● Exceptions
Applicable to all the States – uniformly and equally
Part XXI – Special Provisions for Certain States
Schedule 5 and Schedule 6
○ 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
○ To establish new States
○ Admit into “Union of States” – new States
○ By law (to be passed by Simple Majority of the Parliament)
● Parliament can
○ Convert Union Territories into States through this
○ Also – establish brand new states
ARTICLE 3
● Internal Changes by Parliament in existing States and Union Territories
○ Name change
○ Boundary change
○ Area change
○ Merge 2 States or Union Territories
○ Divide 2 States or Union territories
● Parliament can do this
○ 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
● Opinion of the States
● Once the Bill is introduced in the Parliament
● Opinion of the States
● In case of Union Territories with Legislatures
● Bill can be introduced in the Parliament
● 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
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
○ Delhi, Puducherry, Jammu and Kashmir-No need to refer the Bill to the Union Territories
Without asking for the opinion of the Union Territories
○ 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
ARTICLE 2 & 3
● Indestructible Union of Destructible States
● Existence of States
● Parliament
○ States can be divided
○ Without their approval
○ By the 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
ARTICLE 4
● Any Bill passed under
● Not to be considered
● Any Bill passes under Article 2 and Article 3
○ Article 2 – to form or establish new states
○ Article 3 – to make internal changes in existing territory
○ To be passed by Simple Majority
○ Flexibility of the Constitution
Constitutional Amendment Act under Article 368
No special majority required
○ Automatic changes to
○ Schedule 1 and Schedule 4
○ No separate Constitutional Amendment required
Q.) If a new State of the Indian Union is to be created, which one of the following Schedules of the Constitution must be amended ?
(a) First
(b) Second
(c) Third
(d) Fi fth
Answer: A
BEBRUBARI UNION CASE, 1960
● Article 3
● To give away territory of India to another country
● Separate Judgement
○ Power of the Parliament to reduce the area of a State or Union Territory
○ Does not include cessation of territory
Amendment under Article 368 required
○ Settle of boundary dispute with another country
○ Does not require Constitutional Amendment
CESSATION OF INDIAN TERRITORY
● 9th Amendment Act, 1960
○ Cessation of territory to Pakistan
● 100th Amendment Act, 2015
○ Cessation of territory to Bangladesh
7th Constitutional Amendment Act, 1956 and States Reorganization Act, 1956
○ 2 categories created in 1st Schedule - States and Union Territories
○ States re-organized based on language
Q.) Which one of the following is the correct chronological order of the formation as full States of the Indian Union ?
(a) Sikkim, Arunachal Pradesh, Nagaland, Haryana
(b) Nagaland, Haryana, Sikkim, Arunachal Pradesh
(c) Sikkim, Haryana, Nagaland, Arunachal Pradesh
(d) Nagaland, Arunachal Pradesh, Sikkim, Haryana
Answer: B
Nagaland – 1962
Haryana – 1966
Sikkim – 1975
Arunachal Pradesh – 1986
Q.) Consider the following events:
1) Fourth general elections in India
2) Formation of Haryana State
3) Mysore named as Karnataka State
4) Meghalaya and Tripura become full States
Which one of the following is the correct chronological order of the above?
(a) 2143
(b) 4321
(c) 2341
(d) 4123
Answer: A
The correct chronological order is formation of Haryana State (1966) – Fourth General Elections in India (1967) – Meghalaya and Tripura become full states (1972) – Mysore named as Karnataka state (1973)
Q.) Which one of the following statements is incorrect ?
(a) Goa attained full statehood in 1987
(b) Diu is an island in the Gulf of Khambhat
(c) Daman and Diu were separated from Goa by the 56th Amendment of the Constitution of India
(d) Dadra and Nagar Haveli were under French colonial rule till 1954
Answer: D
Dadra and Nagar Haveli were under the colonial rule of the Portuguese until its liberation in 1954.
