Part 1 of Indian Constitution: The Union and its Territory

Part 1 of the Constitution of India lays the foundation of the nation by defining the Union and its territory. Covering Articles 1 to 4, it explains India’s name, its geographical structure, and the powers of Parliament to create new states or alter existing boundaries. This part establishes India as a “Union of States,” highlighting that while the country remains united and sovereign, its internal boundaries can be reorganized to meet administrative and democratic needs.

Part 1 of Indian Constitution 

Part 1 Indian Constitution articles is the bedrock upon which the sovereign identity of the nation is built. Encompassing Articles 1 to 4, this section defines the geographical limits, the political structure, and the legal mechanism for the formation of new states in India. It establishes a unique federal character where the Union remains permanent while the internal boundaries remain flexible to meet administrative and democratic needs.

Article 1 India, That is Bharat – Name and Territory of the Union

Article 1 of the Indian Constitution famously declares, "India, that is Bharat, shall be a Union of States." This dual naming—Article 1 India that is Bharat—was a deliberate choice by the Constituent Assembly to honor both traditional roots and modern identity.

The use of the term "Union" instead of "Federation" is significant. As Dr. B.R. Ambedkar explained, the Indian Union is not the result of an agreement by the states to join, and therefore, no state has the right to secede from it. The territory of India definition under this article is classified into three categories:

1. Territories of the States: The various states that constitute the federal units.

2. Union Territories: Areas directly governed by the Central Government.

3. Acquired Territories: Any foreign territories that India may acquire in the future.

It is important to note that the "Territory of India" is a much wider term than the "Union of India," as the former includes Union Territories and acquired lands, whereas the latter only includes the states.

Article 2 Admission and Establishment of New States

Article 2 provides the Parliament with the power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit. This article deals specifically with the admission or establishment of states that were not previously part of the Indian Union.

For instance, the admission of new states under this provision was seen during the integration of Sikkim. Through the 35th Constitutional Amendment, Sikkim was first given "Associate" status, and later, via the 36th Amendment in 1975, it became a full-fledged state of the Union.

Also Read: Schedules of the Indian Constitution

Article 3 Formation of New States and Alteration of Boundaries

While Article 2 deals with external territories, Article 3 empowers the Parliament to deal with the internal reorganisation of states constitutional provisions. Under this article, the Parliament can:

• Form a new state by separating territory from any state or by uniting two or more states.

• Increase the area of any state.

• Diminish the area of any state.

• Effect the alteration of areas boundaries and names of states.

The process for formation of new states in India under Article 3 is unique. A bill for the purpose can only be introduced with the prior recommendation of the President. The President, in turn, refers the bill to the concerned state legislature for its views within a specific timeframe. However, the Parliament is not bound by the views of the state legislature and can proceed with its own decision. This underscores the Parliament power to reorganise states, making India an indestructible union of destructible states.

Article 4 Laws Made Under Article 2 and 3

Article 4 acts as a clarifying provision. It states that any law referred to in Article 2 admission of new states or Article 3 formation of new states shall contain such provisions for the amendment of the First Schedule Indian Constitution and the Fourth Schedule as may be necessary.

Crucially, Article 4 declares that such laws are not to be deemed as amendments of the Constitution under Article 368. This means they can be passed by a simple majority in the Parliament, rather than a special majority. This reflects the flexible nature of the Indian federal structure regarding its internal maps.

The First Schedule and Constitutional Status

The First Schedule Indian Constitution is the comprehensive list that names every State and Union Territory. Any change in the name or boundary of a state necessitates an update to this schedule.

The constitutional status of states and UTs differs significantly. While states are members of the federal system and share a distribution of powers with the Centre, a Union territory meaning implies a unit that is under the direct control and administration of the Central Government. The President administers UTs through an administrator or Lieutenant Governor.

Historical Evolution: Reorganisation of States

The journey from the British provinces and Princely States to the current map of India has been one of constant evolution. The States Reorganisation Act of 1956 was a landmark event that followed the recommendations of the Fazal Ali Commission, leading to the creation of 14 states and 6 union territories based largely on linguistic lines.

Over the years, the Parliament power to reorganise states has been exercised multiple times to fulfill regional aspirations, such as:

• The creation of Haryana from Punjab (1966).

• The formation of Chhattisgarh, Uttarakhand, and Jharkhand (2000).

• The creation of Telangana from Andhra Pradesh (2014).

• The 2019 reorganisation of Jammu & Kashmir into two separate Union Territories.

Union and its Territory: Key Legal Aspects

In the context of the Union and its territory, the Supreme Court has played a vital role in interpreting these articles. In the Berubari Union case (1960), the Court ruled that the power of Parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country. Such a cession requires a formal constitutional amendment under Article 368.

This distinction ensures that while the internal map of India can be easily adjusted for administrative efficiency, the sovereign territory of the nation is protected by more rigorous legal requirements.