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Moving the Draft Constitution for the consideration of the Constituent Assembly in 1948, Dr. Ambedkar explained the significance of the use of the expression Union instead of the expression Federation. Two reasons are given
1. Though the country and the people may be divided into different States for convenience of administration, the country is one integral whole, its people a single people living under a single imperium derived from a single source.
2. The expression- India is a Union of States was chosen as India was already a Union at the time of the Constituent Assembly debates.
There are two expressions used in the context of governance in India-˜Union of India and Territory of India’. The former includes States that share federal powers with the Union Government, the latter includes not only States but all other units like UTs and soon. In other words, territory of India encompasses a larger area than Union of India. That is, Territory of India encompasses the entire territory over which Indian sovereignty is exercised while Union of India covers only the federal system. Government of India can acquire any territory by purchase, treaty, cession, conquest or any other method, administer it on the basis of Parliamentary Act. The States and the territories, thereof are specified in the First Schedule. The territory of India comprises of the territories of the States; the Union territories specified in the First Schedule; and such other territories as may be acquired.
Name and territory of the Union
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise-
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
Admission or establishment of new States. Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Sikkim to be associated with the Union. [Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, s.5 (w.e.f.26-4-1975).
Formation of new States and alteration of areas, boundaries or names of existing States. Parliament may by law-
(a) 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;
(b) Increase the area of any State;
(c) Diminish the area of any State;
(d) Alter the boundaries of any State;
(e) Alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.
The amendment of the Article 2 and Article 3 are not to be deemed to be an amendment under Article 368.
Art. 4
Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental incidental and consequential matters.
(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Bill for the formation of new state under Art 3 can be introduced in either house of parliament only with the prior recommendation of the president and before recommending the bill, President has to refer the bill to the concerned state legislatures for their views within such period as may be specifies in the reference or within such period as the President may allow. The opinion of the state legislature is not binding on the President and may either accept or reject it even if the views are received in time. If the bill is passed by both the houses of Parliament by simple majority and receives the accent of the President then new state comes into existence.
Thus reorganization of the states involves a series of administrative steps that begin after enactment of the legislation and end with notification. The Union Home Ministry coordinates these steps in consultation with the parent states as well as Union ministries for Finance, Law and Personnel.
At the time of independence the original constitution provided for four types of states.
Part A: -States comprising Assam, Bihar, Bombay, Madhya Pradesh, Madras, Orissa, Panjab, The United Provinces, West Bengal.
Part B:- States comprising Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and Eastern Punjab.
Part C:- States comprising Ajmer, Bhopal, Bilaspur, Cooch-Bihar, Coorg.
Part D: -Territories comprising The Andaman and Nicobar Islands.
After independence, the demand for reorganization of States on linguistic basis was raised from different regions.
Andhra Pradesh
Created by State of Andhra Pradesh Act, 1953 by carving out some areas from the State of Madras.
Gujarat and Maharashtra
The State of Bombay was divided into two States i.e. Maharashtra and Gujarat by Bombay (Reorganization) Act, 1960.
Kerala
Created by State Reorganization Act, 1956. It comprised Travancor and Cochin areas.
Karnataka
Created from princely State of Mysore by State Reorganization Act, 1956. It has been renamed Karnataka in 1973.
Nagaland
It was carved out from the State of Assam by State of Nagaland Act, 1962.
Haryana
It was carved out from the State of Punjab by Punjab (Reorganization) Act, 1966.
Himachal Pradesh
The Union Territories of Himachal Pradesh was elevated to the status of State by State of Himachal Pradesh Act, 1970.
Meghalaya
State within the State of Assam by 23rd Constitutional Amendment Act, 1969. Later, in 1971, it received the status of a full fledged State by North Eastern Areas (Reorganization) Act, 1971.
Manipur and Tripura
Both these States were elevated from the status of Union Territories by North – Eastern Areas (Reorganization) Act, 1971.
Sikkim
Sikkim was given first as status of Associate State Amendment Act, 1974. It got the status of full State in 1975 by 36th Amendment Act, 1975.
Mizoram
It was elevated to the status of a full state by state of Mizoram Act, 1986.
Arunachal Pradesh
It received the status of a full state by State of Arunachal Pradesh Act, 1986.
Goa
Goa was separated from the Union Territory of Goa, Daman and Diu and was made a full fledged State by Goa, Daman and Diu Reorganization Act, 1987. But Daman and Diu remained as UnionTerritory.
Chhattisgarh
This is formed by the Constitutional Amendment Act 2000 by dividing Madhya Pradesh.
Uttarakhand
This is formed by the constitutional Amendment Act 2000 by dividing Uttar Pradesh.
Jharkhand
This is formed by the Constitutional Amendment Act 2000 by dividing Bihar.
Telangana
State of Telangana formed by “Andhra Pradesh State reorganization Act 2014” as the 29th state of Indian Union
Thus the states reorganized after Reorganization of 1956 were Maharashtra, Gujarat (1960); Nagaland (1963); Punjab, Haryana and Himachal Pradesh (1966); Meghalaya (1969); Tripura and Manipur (1970); Sikkim (1975); Mizoram (1986); Arunachal Pradesh (1987); Goa (1987); Chhattisgarh, Jharkhand, Uttarakhand (2000); and Telangana (2014).
Union of States: A union or centre of authority that is constituted by the combination of peripheral subunits called as States.
Territory of India: Territory throughout which jurisdiction of India extends. As per the Constitution, it constitutes the States, Union territories or any other territory that may be acquired by the Government of India at any future date and extends her jurisdiction on it.
International Law: This is a body of customary and conventional rules of law as well as general principles of law. This body also relates to function of International institutions or organizations, their relations with each other and their relations with States and individuals. There are two kinds of International Law i.e. public international law and private international law.
Part-A States: Former British India provinces that used to exist in the British empire and classified as such at the commencement of the Constitution, Jan 26, 1950.
Part-B States: Former Princely States as a part of the British Empire and classified as such at the commencement of the Constitution.
Part-C States: The Chief Commissioner’s provinces in the British Empire, classified as part-C States.
Part-D States: Andaman and Nicobar islands at the commencement of the Constitution.
JVP Committee: Committee appointed in Dec.1948 and was comprised of J.L.Nehru, S. V.Patel and P.Sitaramya to look into the question of State’s reorganization on Linguistic basis.
States Reorganization Commission: The Commission appointed in Nov.1953 by the then Government of India for constituting the States on Linguistic basis. Also known as Fazl Ali Commission after the name of its chairman, Fazl Ali. Its two other members were J.B.Kriplani and H.N. Kunzuru.
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