Chapter 6: UNION AND ITS TERRITORY

Introduction

India is described as Union of states not a federation as it is not formed due to an agreement between states like the American federation. Also the states can’t cede from the union hence India is an indestructible union of destructible states. The states are created only for convenience of administration.

Articles related to Union and its territory

Article 1: Territories of India include States, UT and any territory acquired by country. The provisions of states given in constitution are applicable to all states except J&K. Special provisions for certain states are given and also provisions for scheduled areas and tribes.

Article 2: Admission or establishment of states that are not in union of India.

Article 3: Alter the name and boundary of any state. Form a new state by uniting two or more states or parts.

 

Provisions related to this Part

A bill under article 3 can be introduced in parliament only after recommendation by president. This approval can be given only after referring the bill to the concerned state assemblies. If UT is involved then no need to refer the bill for reference. The president isn’t bound by the recommendation of the states.

The bill to alter names, territories or create new states from existing is not considered as amendment to parliament, hence can be passed with simple majority.

Cessation of a territory doesn’t come under this article and needs a constitutional amendment. However settling a boundary dispute doesn’t need an amendment.






Q. Which one of the following is not a feature of Indian federalism? (UPSC CSAT 2017)


  1. There is an independent judiciary in India.

  2. Powers have been clearly divided between the Centre and the States.

  3. The federating units have been given unequal representation in the Rajya Sabha

  4. It is the result of an agreement among the federating units.


Ans . D


  1. There was no agreement between the states to build a federation


Quiz

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