Union & Its Territory
Union & Its Territory
Articles 1-4 of the Constitution deal with the Union and its territory. India is described as a "Union of States" (not a "Federation of States"), emphasizing that the Union is indestructible and states have no right to secede. The territory of India includes states, union territories, and any territory that may be acquired. The process of reorganization — from the four-fold classification of 1950 to the current 28 states and 8 UTs — reflects India's dynamic federal character.
Key Dates
Constitution came into force; India had Part A states (9 former Governor's provinces), Part B states (9 princely states/groups), Part C states (10 Chief Commissioner's provinces/merged states), and Part D territory (Andaman & Nicobar Islands)
Andhra state created as first linguistic state (carved from Madras State) after Potti Sriramulu's death during a 58-day fast; Fazal Ali Commission (States Reorganisation Commission) appointed with Fazal Ali, H.N. Kunzru, and K.M. Panikkar
States Reorganisation Act + 7th Amendment — abolished four-fold classification; created 14 states and 6 union territories based on linguistic reorganization; enabled constitutional provisions for UTs
Bombay state bifurcated into Maharashtra and Gujarat (Samyukta Maharashtra Movement)
Goa, Daman & Diu and Dadra & Nagar Haveli incorporated as UTs after liberation from Portuguese rule (Operation Vijay for Goa; Dadra & Nagar Haveli had been liberated in 1954)
Pondicherry (Puducherry) became a UT after transfer from French administration (de facto since 1954, de jure since 1962 through Treaty of Cession)
Nagaland created as the 16th state from Naga Hills-Tuensang area of Assam
Punjab Reorganisation Act — Punjab divided into Punjab (Punjabi-speaking), Haryana (Hindi-speaking), and Chandigarh (UT, shared capital)
Himachal Pradesh became a full state from UT status (18th state)
Sikkim became the 22nd state through the 36th Amendment (abolished monarchy of Chogyal); Sikkim was first an "Associate State" (35th Amendment, 1974)
Goa became the 25th state; Mizoram (from UT) and Arunachal Pradesh (from UT) also became states; Daman & Diu remained a UT after Goa's statehood
Three new states created: Chhattisgarh from Madhya Pradesh (1 Nov), Uttarakhand (now Uttaranchal reversed to Uttarakhand in 2007) from UP (9 Nov), Jharkhand from Bihar (15 Nov)
Telangana created as 29th state from Andhra Pradesh under the AP Reorganisation Act 2014 (2 June); Hyderabad as joint capital for 10 years
J&K Reorganisation Act 2019 (5 Aug) — Art 370 provisions effectively abrogated through Presidential Order; J&K state bifurcated into two UTs: Jammu & Kashmir (with legislature) and Ladakh (without legislature); effective 31 October 2019; India now has 28 states and 8 UTs
Dadra & Nagar Haveli and Daman & Diu merged into a single UT (26 Jan 2020) — reducing UTs from 9 to 8; effected through the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019
Article 1 — India as a "Union of States"
Article 1(1) declares: "India, that is Bharat, shall be a Union of States." This dual naming recognizes both the ancient and modern identities. The phrase "Union of States" was deliberately chosen over "Federation of States" by Dr. Ambedkar, who explained in the Constituent Assembly debates two key points: (1) the Indian federation is NOT the result of an agreement among pre-existing states (unlike the US where thirteen colonies agreed to form a federation) — India is a union created by the Constitution itself; and (2) no state has the right to secede from the Union — the Union is indestructible. This is similar to the Canadian term "Union" in the British North America Act, 1867. Article 1(2) provides that the states and their territories shall be as specified in the First Schedule. Article 1(3) states that the territory of India shall comprise: (a) the territories of the states, (b) the union territories specified in the First Schedule, and (c) such other territories as may be acquired. The "territory of India" is wider than "Union of India" — while the "Union of India" includes only states and UTs, "territory of India" also includes territories that may be acquired in the future, over which Parliament can legislate. India has acquired Goa, Daman & Diu (1961 from Portugal), Dadra & Nagar Haveli (1954 from Portugal), Puducherry (1962 from France), and Sikkim (1975). The Supreme Court in State of Himachal Pradesh v. Umed Ram Sharma (1986) confirmed that India's territorial extent is determined by the First Schedule, not by any separate definition.
Articles 2, 3, and 4 — Admission, Formation, and Alteration
Article 2 empowers Parliament to admit into the Union, or establish, new states on such terms and conditions as it thinks fit. This article applies to states that are NOT part of India at the time — for example, the admission of Sikkim in 1975 was done through the 36th Amendment (though Art 2 was not directly used, the spirit was similar). Article 3 empowers Parliament to: (a) form a new state by separation of territory from any state, or by uniting two or more states or parts of states, or by uniting any territory to a part of any state; (b) increase the area of any state; (c) diminish the area of any state; (d) alter the boundaries of any state; and (e) alter the name of any state. The procedure under Art 3 requires: (1) a Bill for this purpose can be introduced in Parliament only with the prior recommendation of the President; (2) the President must refer the Bill to the legislature(s) of the affected state(s) for expressing their views within a specified period; (3) but Parliament is NOT bound by the views of the state legislature — the opinion is advisory, not binding. This provision is significant because it means Parliament can redraw state boundaries, create new states, or merge states without the consent of the affected state(s) — a feature that would be unthinkable in the US where state boundaries cannot be changed without state consent (Art IV, Sec 3 of the US Constitution). Article 4 states that any law passed under Articles 2 and 3 is NOT to be considered an amendment under Article 368 — such laws can be passed by simple majority, making the reorganization of states comparatively easy. The First and Fourth Schedules are automatically amended to reflect these changes.
The Original Four-Fold Classification (1950)
At the commencement of the Constitution, Indian states were classified into four categories: Part A States (9 former British Governor's provinces with elected legislatures): Assam, Bihar, Bombay, Central Provinces & Berar, Madras, Orissa, East Punjab, United Provinces, West Bengal. Part B States (9 former princely states or groups of princely states with rajpramukhs as heads): Hyderabad, Jammu & Kashmir, Madhya Bharat, Mysore, PEPSU (Patiala and East Punjab States Union), Rajasthan, Saurashtra, Travancore-Cochin, Vindhya Pradesh. Part C States (10 former Chief Commissioner's provinces and merged princely states, centrally administered): Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura, Vindhya Pradesh. Part D Territory (1): Andaman & Nicobar Islands. This classification reflected the administrative heterogeneity inherited from the colonial and princely state system. Part A and Part B states had different constitutional provisions — Part B states had rajpramukhs (former rulers) as heads. This unequal treatment was criticized, and the Fazal Ali Commission (States Reorganisation Commission, 1953) recommended a unified system. The States Reorganisation Act and the 7th Amendment Act (both 1956) abolished this four-fold classification and created a uniform system of states and union territories.
States Reorganisation — Commissions and Linguistic Principle
The demand for linguistically organized states was a powerful political force from the early 20th century. The Congress had reorganized its own provincial committees on a linguistic basis in 1920 (Nagpur session). Key developments: (1) Dhar Commission (1948, Justice S.K. Dhar) — appointed by the Constituent Assembly to examine linguistic reorganization; rejected it, recommending administrative convenience as the primary criterion; (2) JVP Committee (1948, Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya) — endorsed the Dhar Commission, opposing linguistic reorganization in the interest of national unity; (3) Death of Potti Sriramulu (December 1952) during a 58-day fast for a separate Telugu-speaking state forced the government's hand — Andhra state was created from Madras in 1953, the first linguistically organized state; (4) Fazal Ali Commission / States Reorganisation Commission (1953-55, Fazal Ali, H.N. Kunzru, K.M. Panikkar) — recommended reorganization on a broad linguistic basis, considering administrative efficiency, national unity, and the wishes of the people; submitted report in 1955; led to the States Reorganisation Act 1956; (5) The Shah Commission (1966) recommended the reorganization of Punjab into Punjab, Haryana, and Chandigarh; (6) The Second States Reorganisation Commission has never been constituted, though demands for new states (Vidarbha, Harit Pradesh, Bundelkhand, etc.) persist. The linguistic principle, while dominant, has not been the sole criterion — Chhattisgarh, Jharkhand, and Uttarakhand were created on the basis of development concerns and tribal/cultural identity rather than language.
Union Territories — Constitutional Provisions and Administration
Union Territories are directly administered by the President through an Administrator appointed under Article 239. The Administrator is designated as Lieutenant Governor (in Delhi, Puducherry, J&K, and Ladakh) or Administrator (in Chandigarh, Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu). The President may appoint a Governor of an adjacent state as the Administrator of a UT. Key constitutional provisions: Art 239 — administration of UTs by President through Administrator; Art 239A — creation of local legislatures or Council of Ministers or both for certain UTs (Puducherry currently operates under this); Art 239AA — special provisions for Delhi (NCT) inserted by the 69th Amendment (1991); Art 239AB — provision for President's Rule in Delhi; Art 240 — power of President to make regulations for UTs of Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry (when legislature is dissolved/suspended); these regulations have the same force as Acts of Parliament; Art 241 — High Courts for UTs; Parliament may by law constitute HCs for UTs or place them under existing state HCs. UTs exist because certain areas were considered too small, strategically important, or administratively distinct to be given full statehood. The reasons include: strategic importance (Andaman & Nicobar, Lakshadweep, Ladakh), cultural distinctiveness (Puducherry — French heritage), political importance (Delhi as national capital), or administrative convenience (Chandigarh as shared capital of Punjab and Haryana).
Delhi as National Capital Territory — Special Status
Delhi occupies a unique constitutional position. The 69th Amendment Act (1991) inserted Articles 239AA and 239AB, designating Delhi as the "National Capital Territory" with special status. Key features: (1) Delhi has an elected Legislative Assembly (70 members) and a Council of Ministers headed by a Chief Minister; (2) However, Delhi's legislative power is restricted — the Assembly cannot legislate on three subjects: public order, police, and land (these remain with the Centre through Entry 1, 2, and 18 of the State List); (3) The Lt. Governor is the Administrator and represents the President; (4) In Government of NCT of Delhi v. Union of India (2018) — a 5-judge Constitution bench held that the Lt. Governor is bound by the "aid and advice" of the Council of Ministers on matters within the Assembly's legislative competence (except public order, police, land); the Lt. Governor has no independent decision-making power on these subjects; the L-G must act as a "facilitator" and cannot obstruct the elected government's decisions; however, the L-G can refer matters to the President for decision in case of disagreement; (5) In 2021, the Government of National Capital Territory of Delhi (Amendment) Act was passed by Parliament, clarifying that "government" in Delhi means the "Lt. Governor" for the purposes of laws made by the Assembly, effectively overriding parts of the 2018 SC judgment; (6) This was challenged and the Supreme Court in a 2023 decision (Government of NCT of Delhi v. Union of India) ruled that the Delhi government has legislative and executive power over services (except those related to public order, police, and land), partially restoring the elected government's authority; Parliament then passed the Government of National Capital Territory of Delhi (Amendment) Ordinance/Act 2023 creating the National Capital Civil Service Authority.
Puducherry, J&K, and Other UTs
Puducherry operates under Art 239A, which empowers Parliament to create by law a legislature and Council of Ministers for the UT. It has a 30-member elected legislature and a Chief Minister. Unlike Delhi, Puducherry's legislature has no specific subjects excluded from its competence (though Parliament's laws prevail in case of conflict). The Administrator (Lt. Governor) can reserve bills for the President's consideration. Jammu & Kashmir was reorganized from a state to a UT with legislature under the J&K Reorganisation Act 2019 (effective 31 October 2019), following the effective abrogation of Article 370 through a Presidential Order (CO 272, 5 August 2019). The SC in In Re Article 370 (December 2023) upheld the abrogation of J&K's special status and the reorganization, noting that Art 370 was always a "temporary provision" and that J&K's sovereignty merged with India upon accession. The Court directed that statehood should be restored at the earliest. Ladakh was carved out as a separate UT without legislature. The remaining UTs — Chandigarh, Andaman & Nicobar Islands, Lakshadweep, and Dadra & Nagar Haveli and Daman & Diu — are administered directly by the President through Administrators without elected legislatures. The President can make regulations for these territories under Art 240, and these regulations have the same force as Acts of Parliament.
Key Amendments Related to States and UTs
Several constitutional amendments have been made to reorganize India's federal map: 7th Amendment (1956) — implemented the States Reorganisation Act; abolished Part A, B, C, D classification; enabled new provisions for UTs. 13th Amendment (1962) — created Nagaland as the 16th state with special provisions. 35th Amendment (1974) — made Sikkim an "Associate State." 36th Amendment (1975) — made Sikkim a full state (22nd state). 69th Amendment (1991) — gave Delhi special status as NCT (Art 239AA). 100th Amendment (2015) — enabled the India-Bangladesh Land Boundary Agreement (exchange of enclaves); affected territory of West Bengal, Assam, Meghalaya, Tripura. Key Acts: States Reorganisation Act 1956, Punjab Reorganisation Act 1966, North Eastern Areas Reorganisation Act 1971, Bihar Reorganisation Act 2000, MP Reorganisation Act 2000, UP Reorganisation Act 2000, AP Reorganisation Act 2014, J&K Reorganisation Act 2019. Note that creation of new states under Art 3 requires only a simple majority (not a constitutional amendment), but changes to the Fourth Schedule (allocation of Rajya Sabha seats) are consequential and automatic under Art 4.
Judicial Pronouncements on Union and Territory
Several landmark judicial decisions have shaped the understanding of India's federal territory: (1) In re Berubari Union (1960) — SC held that cession of Indian territory to a foreign country requires a constitutional amendment; this led to the 9th Amendment Act, 1960; (2) Ram Kishore Sen v. Union of India (1966) — SC upheld the validity of the Acquired Territories (Merger) Act, affirming Parliament's power under Art 2; (3) Babulal Parate v. State of Bombay (1960) — SC held that Parliament's power under Art 3 to reorganize states is plenary and the state legislature's opinion is advisory, not binding; confirmed the validity of the Bombay Reorganisation Act; (4) Mullaperiyar Environmental Protection Forum v. Union of India (2006) — raised questions about interstate water disputes and territorial rights; (5) Government of NCT of Delhi v. Union of India (2018) — 5-judge bench elaborated on the constitutional status of Delhi and the relationship between the elected government and the Lt. Governor; (6) In Re Article 370 (2023) — 5-judge bench upheld the abrogation of J&K's special status and the creation of two UTs from the former state, but directed restoration of statehood "at the earliest opportunity." These cases establish that India's territorial arrangements are subject to parliamentary authority (not state consent), and that the "Union" is constitutionally paramount.
Current Configuration — 28 States and 8 Union Territories
India currently has 28 states and 8 union territories. The 28 states (alphabetically): Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal. The 8 UTs: (1) Andaman & Nicobar Islands — Administrator (usually a retired naval officer); (2) Chandigarh — Administrator (Governor of Punjab holds additional charge); shared capital of Punjab and Haryana; (3) Dadra & Nagar Haveli and Daman & Diu — merged UT since 2020; Administrator; (4) Delhi (NCT) — Lt. Governor + elected government (CM and Council of Ministers); legislature cannot legislate on police, public order, land; (5) Jammu & Kashmir — Lt. Governor + provision for legislature; reorganized from state in 2019; (6) Ladakh — Lt. Governor; no legislature; created in 2019; (7) Lakshadweep — Administrator (usually an IAS officer); (8) Puducherry — Lt. Governor + elected government (30-member legislature, CM); includes Puducherry, Karaikal, Mahe, and Yanam. Three UTs have elected legislatures: Delhi, Puducherry, and J&K (provision exists). The smallest state by area is Goa; the largest is Rajasthan. The smallest UT is Lakshadweep; the largest is Ladakh (post-2019).
Differences Between States and Union Territories
The constitutional distinction between states and UTs is fundamental: (1) Head — states have a Governor (appointed by the President under Art 155); UTs have an Administrator (appointed by the President under Art 239); (2) Government — states have elected Chief Minister and Council of Ministers responsible to the state legislature; most UTs are directly administered by the Centre, though Delhi, Puducherry, and J&K have elected governments with limitations; (3) Legislature — states have Vidhan Sabha (some also have Vidhan Parishad); only Delhi, Puducherry, and J&K have legislatures; (4) Constitutional basis — states are governed by Part VI (Art 152-237); UTs by Part VIII (Art 239-241); (5) Autonomy — states have greater autonomy with exclusive jurisdiction over State List subjects; UTs have limited autonomy, with the Centre controlling most matters; (6) Representation — states have proportional representation in Rajya Sabha; UTs either have no RS representation or limited representation (Delhi has 3, Puducherry has 1, J&K has 4); (7) Lok Sabha — states and UTs both have representation in Lok Sabha; (8) High Court — each state has its own HC or shares one; UTs either have their own HC (Delhi HC, J&K & Ladakh HC) or fall under the jurisdiction of a state HC; (9) Residuary powers — in states, residuary powers lie with Parliament (Art 248); in UTs, Parliament has plenary legislative power. The distinction reflects the principle that UTs are areas that require direct central administration for various historical, strategic, or administrative reasons.
Relevant Exams
Regularly tested across all exams. Key areas: why India is called "Union of States" (Ambedkar's two points), difference between Articles 2 and 3, the non-binding nature of state legislature's opinion under Art 3, number and names of UTs, which UTs have legislatures, States Reorganisation Act 1956, first linguistic state (Andhra 1953), Fazal Ali Commission, J&K reorganization and Art 370, Delhi's special status under Art 239AA. The NCT of Delhi cases (2018, 2023) are increasingly important for UPSC Mains.