The Union And It’s Territory

Union of States-Article one of the constitution declared that the sovereign democratic republic of India shall be the union of state. The choice for a federation with a strong centre was made both for political and administrative reasons allthough the move to describe the constitution as federal failed. The constituent assembly accepted the view of the drafting committee that describing the union as a federation was not necessary. While submitting the draft constitution Dr. Ambedkar the chairman of the drafting committee stated that all the constitution may be federal in structure the committee had used the term union because of certain advantages. These advantages as explain in the constituent assembly indicate two things
(a) that the union of India is not result of an agreement among the units like the American federation and consequently,
(b) the state have no right to secede from the federation.
Dr Ambedkar explain the purpose of the word union thus………..though India was to be a federation, the federation was not the result of an agreement by the state to join in a federation and that the federation not being the result of an agreement no state has the right to secede from it. The federation is a union because it is indestructible. Though the country and the people can be divided into different states for convenience of administration the country is an integral whole, its people a single people living under single imperium derived from a single source. The American had to wage a civil war to establish that the states has no right to cession and that their federation was indestructible. The drafting committee though that it was better to make it clear at outside rather than to leave it to speculation.
The name of the union is India, that is Bharat. The member of the union at present are the state specified in the first schedule.

Territory of India- the territory of India falls under three categories:
1. State territories
2. Union territories
3. Territories which may be acquired by government of India.
Before the constitution 7th amendment act 1956 the union considered of state which were classified into 4 main categories part A, part B part C and part D of the first schedule.
The three categories and placed all the state of the union on the same footing as a result of organization made him hai States Reorganization act 1956.

The accession of India states to the dominion of India- the accession of Indian states to the dominion of India did not extinguish those states as entities. They only become part of dominion of India as constituent state along with the province of erstwhile British India. It cannot be hold that the entities of these States who acceded to the dominion of India were totally wiped out. The merger of states of Travancore and Cochin together in 24 May 1949. Established that Indian state which acid to the dominion continued as entities.
Admission or establishment of new States- article to provided that parliament may by law admit into the union or established new state on such terms and conditions as it things fit. Article 2 thus give parliament to powers, first to admit into the union new states and secondly the power to established new States. Refer to the admission of state which are duely formed and established and are already in existence. The second refer to the admission and formation of a state which was not in existence before. It is to be noted that article 2 deal with admission or establishment of new states into the union of India which may be formed of the territories not include in the existing States.

Formation of any state and alteration of boundaries etc for existing States- under article 3 a new state may be formed or established in the following ways :-
(1) by separation of territory from any state
(2) buy United 2 or more States
(3) by United any parts of States
(4) buy United any territory to a part of any state.

Parliament under the article can also increase or decrease the area of any state or alter the boundaries or change the name of any State. Article 3 deals with the formation of a new state out of the territory of the existing States. The power to form new states under article 3A include the power to form a new state or union territory by United part of any state or union territory to any other state or union territory. The word state an article 3 clause 8 to e include a union territory also.

Cession of Indian territory of foreign country:- under article 3 seclow C parliament mein by law increase or diminished the area of any state. The diminution of the area of any state may occur where a part of the state is taken out and added to another state. Parliament has been empowered to cut away the entire area of a state to from a new state or to increase the area of any state. Does the power of parliament to diminished the area of any state include also the power to cede India territory to a foreign state?

This question come up for consideration before the supreme court of India in a reference made by the President of India under article 143. The fact of the case are as follow: the Indo Pakistan agreement entered into in 1958 for dissolving certain border disputes provided inter alia (1) for the transfer of one half of the area of berubari union by India to Pakistan and (2) for the exchange of old cooch Bihar enclaves. Berubari union comprise than area of 9 square miles in the state of West Bengal with the population of about 12000. When the Central Government Sought to implement the agreement, a powerful political education was started against the proposed transfer of territory to Pakistan.

Law of parliament and the article 3 sufficient or is an amendment of the constitution in accordance with article 368 necessary or both.

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