(Articles 1-4)
(1) India, that is Bharat, shall be a Union of States.
(2) The State and the territories thereof shall be as specified in the First Schedule.
(3) 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 Drafting Committee replaced the word ‘federation’ by the word ‘Union’. The committee observed that Indian federation is not the result of an agreement among the States like the American federation and the States have no right to secede from the federation. The federation is an Union because it is indestructible. The country is an integral whole and divided into different States only for the convenience of administration.
Before the Constitution (7th Amendment) Act, 1956, the Union consisted of States which were classified into four main categories Parts A, B, C and D of the First Schedule. Thus at the time of the commencement of the Constitution, the Union of India consisted of 10 Part A States, 8 Part B States, 9 Part C States and 1 Part D State.
After the 7th Amendment Act, 1956, the three categories have been abolished and placed all the States of the Union on the same footing as a result of reorganization made by the States Reorganization Act, 1956. It has now reduced these categories into two only.
Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Thus article 2 empowers the Parliament to admit into the Union of India, or establish new State on such terms and conditions as it thinks fit. This article India new States, and (b) the power to establish new States.
Parliament may by law—
(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;
(e) alter the name of any State.
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.
Explanation I.—In this article, in clauses (a) to (e). “State” includes a Union territory, but in the proviso, “State” does not include Union territory.
Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.
By exercising its powers under article 3, Parliament has enacted over 20 Acts. Some of them are:
(a) The Assam (Alteration of Boundaries) Act, 1951, which altered the boundaries of the State of Assam consequent on cession of a strip of territory comprised in that State to the Government of Bhutan.
(b) The Andhra State Act, 1953, which formed the new State of Andhra Pradesh by separating same territory from the State of Madras.
(c) The Bombay Reorganisation Act, 1960 divided the State of Bombay to establish the new two States of Gujarat and Maharashtra.
(d) The Punjab Re-organisation Act, 1966 which divided Punjab into Punjab and Haryana.
(e) The State of Sikkim was established by 36th Amendment Act, 1975.
(f) The State of Goa Act, 1987 which incorporated Goa as a separate State of the Union.
(g) Chhattisgarh was formed as a result of Madhya Pradesh
Re-organisation Act, 2000 which came into being on November 1, 2000.
(h) Uttaranchal came into existence by Uttar Pradesh Re-organisation
Act, 2000 on 8th November, 2000, comprising the northern district of Kumaon and Garhwal Hills of Uttar Pradesh.
(i) The State of Jharkhand was established by Bihar Re-organisation
Act, 2000 on 15th November, 2000.
(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
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