Study Materials

1. India as a ‘Union of States’ (Article 1)

• The Constitution describes India, or Bharat, as a Union of States.
• The phrase indicates that Indian states do not enjoy independent sovereignty, nor do they have separate constitutions or citizenship.
• The First Schedule lists the names and boundaries of all 28 states and 8 union territories.
• “Territory of India” is a broader term than “Union of India”:
• Union of India = only states
• Territory of India = states + UTs + any acquired territories
• States share powers within the federal system; UTs are under the direct control of the Centre.
• Special provisions for selected states are provided under Part XXI, and tribal areas are governed by the Fifth and Sixth Schedules.

Debate on the Name of the Country

• In the Constituent Assembly, some members preferred Bharat, others India.
• A compromise led to the wording: “India, that is, Bharat.”

Categories of the Territory (Article 1)

India’s territory is classified into:

1. States
2. Union Territories
3. Acquired Territories

Acquisition of Foreign Territories

• After the Constitution came into force, India added territories such as Goa, Daman & Diu, Puducherry, Sikkim, etc.

Territorial Waters and Maritime Zones

• Territorial waters extend 12 nautical miles from India’s baseline (1976 Act).
• The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles, expanded in 1977.
• Enabled by the 40th Constitutional Amendment and the 1976 Maritime Zones Act.

2. Article 2 – Admission or Establishment of New States

Parliament has two powers:

• Admit existing states into the Union.
• Establish new states that did not exist earlier.

3. Article 3 – Formation or Alteration of States

Parliament can:

• Create new states,
• Change the area, boundary, or name of any existing state.

Conditions:

1. A bill can be introduced only with the President’s recommendation.
2. The President must refer the bill to the concerned State Legislature for its opinion (non-binding).

Note: Parliament can also merge parts of states/UTs to form new states/UTs.

Difference Between Articles 2 and 3:

Article 2	Article 3
For states not part of India currently.	For states already within India.
Admission or creation of new external states.	Alteration or formation of internal states.

4. Article 4 – Not a Constitutional Amendment

• Laws made under Articles 2 & 3 are not treated as amendments under Article 368.
• They require only a simple majority through the ordinary legislative process.

Exchange of Territories

1. Berubari Case (1960)

• Question: Can territory be ceded under Article 3?
• Supreme Court: No. Ceding territory requires a Constitutional Amendment under Article 368.
• This arose when India proposed handing over part of Berubari (West Bengal) to Pakistan.

2. Radcliffe Line & Enclaves

• The Radcliffe Commission drew the India–Pakistan (including East Pakistan) boundary.
• Left many enclaves (Chitmahals) unresolved.

3. India–Bangladesh Land Boundary Agreement (LBA)

• Agreements from 1958 onwards attempted resolution.
• Final settlement through the 1974 LBA.
• Formally implemented by the 100th Constitutional Amendment Act, 2015.
• Result:
• India transferred 111 enclaves to Bangladesh.
• Bangladesh transferred 51 enclaves to India.

Articles 1 to 4 give India a strong but flexible federal structure. They define the Union’s territorial identity, empower Parliament to reorganize states, and provide constitutional tools to resolve boundary issues peacefully, strengthening unity while accommodating diversity.