Flashcards in Union and its Territory Deck (36)
Define Article 1
India that is Bharat shall be a Union of States
Why India is referred as Union and not Federation?
According to Dr. B.R.Ambedkar, two reasons are attributed:
1. India is not formed as a result of an agreement among states ( holding together and not coming together)
2. States do not have the right to secede from the federation
Article 1 classifies territory of India into :
2. Union territories
3. Territories that may be acquired by GoI
Union of India includes
Territory of India includes
states, UTs and territories that may be acquired by GoI
Define Article 2
Parliament can by law 'admit into' or 'establish' new states. (New states that are not part of Union of India)
Article 3 deals with
Parliaments power to form new states and alteration of areas, boundary and names of existing states.
How can a new state be formed?
According to Article 3, Parliament by law can form a new state by
1. separation of territory from any state
2. Uniting two or more states or part of states
3. Uniting any territory to part of any state
Criteria for a bill implementing Article 3
1. The bill should be introduced in Parliament with the prior recommendation of the President
2. Before recommending, the President should refer tit to the state legislature of the concerned states for expressing its view within specific period
* The view of the state legislature is not binding on the President
* For Union territories, no reference to concerned legislature is required
Define Article 4
Laws made under Article 2 and 3 not to be considered as Constitutional amendments under Article 368. The bills can be passed like a normal bill.
What is the exception for Article 4?
Constitutional amendment is required if diminishing the area involves ceding the territory to a foreign state.
What is 9th Constitutional Amendment Act of 1960?
Transferring Berubari Union region to Pakistan
What is 100th Const. Amendment Act of 2015?
Transferring of enclaves between India and Bangladesh
Hyderabad integration to India
By Police Action on September 1948
Junagadh integration to India
Through Plebiscite in February 1948
Kashmir integration to India
by the Instrument of Accession in October 1947
Linguistic Provinces Commission appointed by GoI in
S K Dhar Commission also known as
Linguistic Provinces Commission of 1948
Recommendation of S K Dhar Commission
Reorganisation of states based on administrative convenience rather than linguistic factor
JVP Committee appointed by
Congress in 1948
Members of JVP Committee
Jawaharlal Nehru, Vallabhai Patel and Pattabhi Sitaramayya
JVP Committee reccomendation
rejected language as the basis for state reorganisation
First Linguistic State formed in
October 1953, Andhra Pradesh.
* Agitation following death of Potti Sriramalu
Fazl Ali Commission appointed in
Fazl Ali Commission is also known as
State Reorganisation Commission
Members of Fazl Ali Commission
Fazl Ali, H N Kunzru and K M Panikkar
Fazl Ali Commission reccomedations:
1. Rejected 'one language one state' theory
2. Broadly accepted language as the basis for state reorganisation
3. Unity of the country should be the primary consideration
State Reorganisation Act was passed in
What is 7th Constitutional Amendment Act?
Deals with implementing the recommendations of the State Reorganisation Commission.