THE UNION AND ITS TERRITORY

The term Union of States was suggested by Dr. BR Ambedkar. which indicates two things, First, the Indian federation is not the result of an agreement among the States and second.The Units/States do not have right to secede from the Union. Articles-l to 4 under mm] of the Constitution deal with the Union and its territory. , I The 15t Schedule of the Constitution contains the name of the State and Union Territories and their territorial extent. At Present there are 29 States and 7 Union Territories.

Formation of New States

Articles-l to 4 under Part-l of the Constitution specifies the Provisions related to the Union and its Territory. I Article-l says, India, that is Bharat. shall be a Union of Stats. The Territory of India can be classified into three mtegories namely, Territories of States. Union Territories and Territories that may be acquired by Government of India.

Article-Z authorises Parliament, to admit new States in the Union and establish new States.

Powers of the Parliament to recognise the States under Article~3 form a new State by separation of territory from any State at by uniting two more States or parts of States or by uniting any territory to a part of any State; .

Article 4 States th ‘new States under Nifdccsgblsgmem 0‘ formation of new States and alteration of areas. boundaries or names of existing States under Anicle-j.

The exchange of enclaves under . lndo-Bangladesh Border pan required a Constitutional Amendment (100th

Amendment).

POST INDEPENDENCE STATE REORGANISATION

At the time of independence. the 552 Princely States situated within the geographical boundaries of India. 549 joined India and the remaining three (H Hyderabad, Junagarh and Kashmir) refused to join India. However, in the course of time they were also integrated with lndia-Hydcrabad by means of police action, Junagarh by means of referendum and Kashmir by the instrument of accession.

COMMITTEE/COMMISSION FOR STATE REORGANISATION

Dhar Commission

I The Government of India appointed the Linguistic Provinces Commission under the Chairmanship ofSK Dhar in June, .1948.

I The Dhar Committee recommended that administrative convenience would outweigh any other consideration for the reorganization of States. This would be beneficial for better governance. Thus. the Dhar Commission categorically rejected the thebasis of linguistic formation of States.

The State Reorganisation Commission (Fazl Ali Commission)

I In December. 1953, Prime Minister )Jawahar Lal Nehru appointed the States Reorganisation ComniiSsion to prepare for the creation of States on linguistic lines. This was headed by Justice Fazl Ali with HN Kunzru and KM Pannikar as members.

I The Commission submitted a report in 1955, recommending the reorganization of India’s States on linguistic basis.

I But is rejected the theory of ‘one language-one State’. [ts view was that unity of India should be regarded as the primary consideration in any redrawing of the country’s political units

Author: madnicky