Part I

Union and its Territory

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 Outline

1. Union of State- Art 1

2. Establishment of new state- Art 2
3. Formation of or changes in existing state- Art 3
4. Evolution of States
5. State Reorganisation
6. Linguistic Reorganisation- Advantages and Disadvantages
7. Demands for new states in India
8. Formation of smaller states- Arguments for and against
9. Questions

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 Union of States

1. Art 1 describes India, that is Bharat as a Union of States.

2. Territory of India includes= territories of state +Union territories
+Territories that may be acquired by Government of India.
3. Union of India only includes states of India.
4. States are member of federal system and share distribution of
power with Centre. While, UTs and acquired territories are
directly administered by Centre.
5. Union of States over Federation of States
1. Indian federation is not result of agreement among states.
2. State has no right to secede from federation
6. Federation is Union because it is indestructible.
7. Country is an integral whole and divided into different states
only for administrative convenience.
8. 1st Schedule- Names of state, UTs and their territorial
extent.
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 Union of States
1. Art 2 relates to admission or establishment of new states that are not part
of Union of India.
2. Art 2 grants two powers to parliament:
1. Power to admit into Union of India new states
2. Power to establish new states
3. Art 3 confers power on parliament to create or abolish, increase or
decrease area of, to change the name and boundary of any state.
4. Bill contemplating above changes, requires prior recommendation of
President before introduction in parliament.
5. Art 4 declares laws made under Art 2 and Art 3 are not to be considered as
amendment of constitution under Art 368. This means such law can be
passed by simple majority and by ordinary legislative process. i.e. Telangana
was established by Andhra Pradesh(Reorganization) Act,2014
6. Power of parliament under Art 3 does not cover acquiring foreign territory or
cession of India territory to foreign country. Such action requires
constitutional amendment under Art 368.
7. Settlement of boundary dispute can be done by executive action and does not
involve cession of Indian territory.

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 Evolution of States

1. Integration of Princely States-

1. British Provinces + 552 princely states(549 joined India)
2. Hyderabad by means of police action; Junagarh by means of referendum;
Kashmir by Instrument of Accession.
2. Demand for Reorganization of States on linguistic basis.
3. Dhar commission- July,1948- recommended the reorganisation of states on
basis of administrative convenience rather than linguistic factor.
4. JVP Committee- December, 1948- rejected language as the basis for
reorganisation of states.
5. 1950: Constitution had Four-fold classification of states of Indian union- total
29 states- Part A, Part B, Part C and Part D.
6. October, 1953: GoI was forced to create the first linguistic state, known as
Andhra state, by separating the Telugu speaking areas from the Madras state.

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 States Reorganization
1. Fazl Ali Commission- December 1953- broadly accepted language as basis of
reorganisation of states. But, rejected theory of one language- one state.
1. Suggested abolition of four-fold classification and creation of 16 states and
3 centrally administered territories.

2. State Reorganization Act(1956) and 7th C.A. Act (1956)- 14 states and 6 UTs
were created.
3. 1960: Gujarat- 15th State (separated from Bombay state) and Maharashtra (new
name of Bombay state)
4. 1961: Dadra and Nagar Haveli as UT- 10th C.A. Act,1961- liberated from
Portuguese in 1954.
5. 1961: Goa, Daman and Diu as UTs- 12th C.A. Act, 1962- acquired territory
from Portuguese by police action in 1961.
6. 1962: Puducherry as UT- 14th C.A. Act,1962- French handed over territory of
Puducherry to India in 1954 which includes Puducherry, Karaikal, Mahe and
Yanam.

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 States Reorganization
1. 1963: Nagaland- 16th State (separated from Assam)
2. 1966: Haryana- 17th State (separated from Punjab)
3. 1966: Chandigarh as UT
4. 1971: Himachal Pradesh- 18th State (UT to State)
5. 1972: Manipur- 19th State (UT to State)
6. 1972: Tripura- 20th State (UT to State)
7. 1972: Meghalaya- 21st State (Sub-state to State)
8. 1972: Mizoram as UT
9. 1972: Arunachal Pradesh (NEFA) as UT
10. 1975: Sikkim- 22nd State- 36th C.A. Act- Acquired Foreign territory
11. 1987: Mizoram- 23rd State (UT to State)
12. 1987: Arunachal Pradesh- 24th State (UT to State)
13. 1987: Goa- 25th State (UT to State)

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 States Reorganization
1. 2000: Chhattisgarh- 26th State (separated from MP)
2. 2000: Uttarakhand- 27th State (separated from UP)
3. 2000: Jharkhand- 28th State (separated from Bihar)
4. 2014: Telangana- 29th State (separated from AP)

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 Linguistic Reorganisation

Advantages Disadvantages
1. Single language for administration 1. Regionalism
2. Brings functional politics closer to people 2. Multiple sub-nationalism, which has
strengthened regionalism in Indian politics
3. Homogeneous administrative units
4. Political stability at state level 3. Concept of sons of soil
4. Delay in emergence of Hindi as official
5. Sense of psychological security due to
similar culture language and language of masses.

6. Promoted cause of regional language

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 Demand of New states in India

1. Bodoland from Assam- Bodo Liberation Tigers Force- Ethnicity

2. Saurashtra from Gujarat- Saurashtra Sankalan Samiti- Unequal
development
3. Tulu Nadu from Karnataka and Kerala- distinct culture and language
4. Vindhya Pradesh from MP- former state of India- before State
reorganisation, 1956
5. Vidarbha from Maharashtra- Unequal distribution of resources
6. National Capital Region of Delhi- UT to State- as political administration
of Delhi resembles more of State than UT, having own legislature, CoM
headed by CM and High Court.
7. Awadh, Harit Pradesh, Bundelkhand and Purvanchal- carving out four
states from UP- on argument of state is too big to administer
8. Gorkhaland from West Bengal- Gorkha Janmukti Morcha- Ethnicity

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 Formation of Smaller States

Arguments For Arguments Against

1. State government will 1. May raise dormant statehood
become more responsive to demand.
local demands. 2. May not be economically viable.
2. Bring functional politics 3. May affect inter-state trade and
closer to people. commerce.
3. Proper distribution of central 4. May set bad precedence leading
development funds. to Balkanization of India.

Small size of state do not guarantee better development or

administrative efficiency as experienced in past especially Northeast.
Ultimate criteria for creation of smaller state should be-
Administrative convenience; Economical viability; Political
consensus.
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 Questions

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