Union And Its Territory

Article 1 to 4 of the Constitution  deals with Union and its Territory.

(Article 1 makes it clear Indian and Bharat both are names of Indian Union. India is a union of states. Federation word has been deliberately avoided by the Parliament. Indian has not come into existence out of agreement of states as is the case with the United States. The territory of India includes territory of States and Union Territory and such other territories which may be acquired. First Schedule consists of details of states and territories of India. As of now, India consists of 28 States and 8 Union Territories.

Acquiring of a territory is an executive act and does not need approval from Parliament.

Article 2 deals with admission or establishment of new States.

Parliament has been empowered to admit new states in the Union or establish new states under Article 2.  Such actions can be taken by Parliament by passing law with simple majority.

Under Article 2, Parliament has been empowered to form a new state or increase area of state or diminish area of state or alter the boundary of a state, or alter the name of a state.  This power of Parliament is in respect of existing states and not new territories as was the case under Article 2.

Parliament can take aforesaid actions by passing law with simple majority.

Any bill for formation of new state out of existing states or increasing area of state or diminishing areas of state or alteration of boundary or alteration of name of state can only be moved in the Parliament on the recommendation of the President. Where bill affects the area, boundary or name of any state, the President has to refer such bill to the legislature of affected state for its view in specified time. The bill can only be introduced before the Parliament after view given by the legislature or time specified by the president has expired.

As per Article 4, the amendment caused to 1^st Schedule or 4^th Schedule will not be treated as amendment under Article 368.

INTEGRATION OF PRINCELY STATES

During the British Rule there were two types of territories in India. There were provinces which were governed by British Government directly and there were more than 550 princely states who recognized British Government as paramount power but they themselves were handling internal administration.

With passing of Indian Independence Act, 1947 paramountcy of British Empire lapsed and princely states were free to join either India or Pakistan or remain free.

In the interim government, which was formed on the recommendation of Cabinet Mission, Sardar Vallabhbhai Patel was minister of states. Sardar Vallabhbhai Patel appointed Sh. V P Menon as Secretary. Sardar Vallabhbhai Patel started negotiation with states for signing of instrument of accession.

Instrument of Accession was signed between India and these princely states whereby defense, foreign affairs and communication was transferred to India. Between May 1947 and August 1947, majority of states signed instruments of accession.

Issues remained with Jodhpur, Junagarh, Hyderabad and Jammu & Kashmir.

Pakistan Government has given ruler of Jodhpur blank sheets of paper to write terms and conditions to integrate with Pakistan. But internal situation in the jodhpur was hostile to joining Pakistan. Lord Mountbatten persuaded the Ruler of Jodhpur to join Union of India as Jodhpur was predominantly Hindu State and it would have been contrary to two nation theory. Finally rule of Jodhpur joined Union of India on August 11, 1947.

Junagarh was having majority Hindu population but Nawab of Junagarh was muslim. Junagarh did not share any border with Pakistan, despite that Nawab of Junagarh decided to join Pakistan. The rulers of two subsidiary states  of Junagrh– Mangrol and Bawariabad revolted against Nawab of Junagarh and declared independence from Junagarh. A group of Janghari people led by Samaldas Gandhi rebelled and made provisional government. Union of India intervened and a plebiscite was conducted on 24^th February, 1948  in Junagarh which voted in favour of accession to India.

Hyderabad was a landlocked state but its ruler was a muslim. Hyderabad declared that it will remain independent. This was resisted by Union of India as the location of Hyderabad was strategic and it linked North India and South India. Internal law and order situation in Hyderabad was deteriorating.  On 13^th September, 1948, the Indian Army was sent to Hyderabad under Operational Polio. Rule of Hyderabad signed instrument of accession and was retained as head of state.

Jammu and Kashmir was ruled by Hari Singh, who ruled Kashmir. He intended to remain independent.  Pakistan attached Kashmir and made rapid progress. Indian required signing of Instrument of Accession and establishment of Interim Govt. under Sheikh Abdullah. Hari Singh signed Instrument of Accession on 26^th October, 1947 and Indian forces entered in Jammu & Kashmir and secured Jammu, Shrinagar and Kashmir Valley but could not regain all Jammu & Kashmir.

Later vide instruments of merger were executed between India and princely states whereby all these princely states were merged with India. Privy purses against these instruments of mergers were reserved for kings. Later privy purses were abolished by Indira Gandhi.

INTEGRATION OF GOA, DADRA & NAGAR HAVELI

Goa, Dadra and Nagar Haveli were colonies of Portugal. Popular struggle for integration with India were being fought by people. India requested for integration of Goa with India which was refuged by Goa Administration. India liberated Goa in December, 1961 and Goa was made Union Territory vide 12^th Amendment, 1962. In 1987 Goa was made State.

INTEGRATION OF SIKKIM

Sikkim was a protectorate of India since British Times. India was having control over defense, communication and external affairs. Popular uprisings started for elections in Sikkim in 1973. A new constitution was drafted wherein there was provision for association of Sikkim as associate state.   On 10^th April, 1975 a resolution was passed calling for state to be integrated with India. The resolution was approved by 97% of population in referendum, thereafter Sikkim was integrated with India vide Constitution 36^th Amendment.

INTEGRATION OF PONDICHERRY, KARAIKAL, YANAM, MAHE, CHANDERNAGORE

Pondicherry, Karaikal, Yanam, Mahe and Chandernagore were colonies of France. India was able to integrate these colonies vide diplomacy without any coercive forces. An agreement was executed between India and France regarding elections in these colonies regarding political future.

A plebiscite was held in Chandernagore on 19^th June, 1949, which voted in favor of merging with India. On 2^nd May 1950 Chandernagore was transferred de facto to Indian and on 9^th June 1952 transferred de jure to India. Chandernagore merged with India on 1^st October, 1954.

A referendum was conducted in Pondicherry, Karaikal, Yanam and Mahe which voted in favour of merger with India. These territories were transferred de facto to India on 1^st November, 1954. Treaty of Cession was signed on 28^th May, 1956 and de jure transferred on 16^th August, 1962. There territories merged with India on 1^st July, 1963 vide 14^th Amendment to the Constitution.

REORGNISATION OF STATES AFTER INDEPENDENCE

The Schedule 1 of Constitution originally contained Part A, Part B, Part C States and Part D territory. Part A contained provinces of British India. Part B stated consisted of Princely States headed by Raj Pramukh. Part C states consisted of princely states or chief commissioner provinces headed by chief commissioner. Part D category consisted of Andman and Nicobar Islands, which was administered by Lieutenant Governor.  Vide Seventh Amendment Act classification of Part A and Part B was abolished.  Part C & Part D states were kept under Union Territory classification.

Linguistic Provinces Commission (Dhar Commission) has been set up in 1948 for reorgnisation of states. It rejected reorganization of states on the basis of language. State Reorgnisation Commission was set up in 1953 under chairmanship of retired chief justice Fazal Ali.  The States Reorgnisation Commission submitted its report in September 30, 1955 whereby it recommended for reorgnisation of states.

The State Reorgnisation Act was enacted on 31^st August, 1956. It brought into existence 14 states and six union territories.

1960	Bombay State was bifurcated in Maharastra and Gujarat
1963	Nagaland was carved out of Assam
1966	Himachal Pradesh and Haryana were carved out of Punjab
1972	Meghalaya, Manupur and Tripura were formed
1975	Sikkim became part of the Union
1987	Goa and Arunachal Pradesh became states from Union Territories
2000	Uttaranchal, Jharkahand and Chattishgarh were formed
2014	Telangana was formed
2019	Jammu & Kashmir was reorgnised. Jammu & Kashmir  and Ladakh were separated and became Union Territories.

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