The Union and its Territory (Articles 1-4)

Articles 1 to 4 of the Constitution outline the geographical boundaries of the Indian Union and grant wide powers to the Parliament to restructure internal boundaries.

1. Article 1: Union of States

Article 1(1) reads: "India, that is Bharat, shall be a Union of States." The phrase "Union of States" was preferred over "Federation of States" by Dr. B.R. Ambedkar to signify two essential points:

  • The Indian federation is not the result of an agreement among independent states (unlike the USA).
  • No state has the right to secede or break away from the Union. India is an indestructible Union of destructible States.

2. Article 2: Admission or Establishment of New States

Article 2 grants Parliament the power to admit into the Union, or establish, new states (which were previously not part of the territory of India) on such terms and conditions as it thinks fit.

3. Article 3: Formation of New States and Alteration of Boundaries

Article 3 gives Parliament the power to reorganize existing states. Parliament can:

  • Form a new state by separation of territory from any state, or by uniting two or more states.
  • Increase or diminish the area of any state.
  • Alter the boundaries or names of any existing state.

The Constitutional Procedure for Article 3:

  1. A bill under Article 3 can be introduced in either House of Parliament only on the prior recommendation of the President.
  2. If the bill affects the area, boundary, or name of a State, the President must refer the bill to the affected State Legislature for expressing its views within a specified time.
  3. However, the views of the State Legislature are NOT binding on the President or the Parliament. The Parliament can proceed even if the State Legislature rejects the bill.
📜 Landmark Case: In re Berubari Union Case (1960)

An agreement was made to transfer the Berubari Union territory to East Pakistan. The government claimed this could be done under Article 3. The Supreme Court held that Article 3 only governs the internal reorganization of states. The power to cede a part of Indian territory to a foreign nation cannot be exercised under Article 3; it requires a constitutional amendment under Article 368 to modify the First Schedule of the Constitution.