Union and its Territory

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Union and its Territory 

  • Article 1 of the Constitution says, “India, that is Bharat, shall be a Union of States”.
  • The word ‘Union’ was preferred to ‘Federation’ because of certain advantages.
  • Union of States means that the Union of India is not a result of an agreement by the States to join in a federation and the Federation not being the result of an agreement, no state has the right to get separated from it.
  • The Union Territories are not included in the “Union of States”, whereas the expression “Territory of India” includes not only the States, but also the Union Territories and such other territories as may be acquired by India.
  • The State of Jammu and Kashmir has been given special status under article 370, which became operative on 17th November, 1952.
  • The separate Constitution of the State was drafted by the Constituent Assembly of Jammu and Kashmir and became effective on 26th January, 1957.

Re – Organization of States

  • After independence, the demand for the reorganization of the States on the linguistic basis was raised from different regions.
  • The Constituent Assembly appointed the S.K.Dhar Commission in 1947 to study the issue.
  • The Dhar Commission recommended linguistic basis but it was rejected by the Congress.
  • But Congress had to concede to the demand after violence started in the Telegu speaking areas.
  • The State Re – organization Commission was set – up under Fazal Ali to make exhaustive study.
  • The other members of the Commission were Hridaynath Kunzru and K.M.Panikkar.
  • On the Commissions recommendations the States were started to be reorganized on linguistic basis.
  • Andhra Pradesh was the first State to be reorganized on such basis.

Formation of New States and Alteration of areas, boundaries or names of Existing States

  • Under Article 3, the Constitution empowers the Parliament to 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.
  • The Constitution further states that Parliament has the power to increase or diminish the area of any State or to alter the boundaries or names of any State.

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