Union & Its Territory
Union & Its Territory
Articles 1-4 define India as a "Union of States," emphasizing that the Union is indestructible and no state has the right to secede. Art 3 empowers Parliament to reorganize states without the affected state's consent (the state legislature's opinion is advisory, not binding). India currently has 28 states and 8 UTs, evolving from a four-fold classification in 1950. Exams test Ambedkar's two reasons for "Union of States," the Art 2 vs Art 3 distinction, which UTs have legislatures (Delhi, Puducherry, J&K), Delhi's special status under Art 239AA, and the States Reorganisation Act, 1956.
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"
Art 1(1) declares: "India, that is Bharat, shall be a Union of States." The dual naming recognizes both ancient and modern identities. Ambedkar explained the choice of "Union of States" over "Federation of States" with two points: (1) the Indian federation did not result from an agreement among pre-existing states (unlike the US, where thirteen colonies agreed to federate); and (2) no state has the right to secede. The Union is indestructible. Art 1(2) provides that state territories shall be as specified in the First Schedule. Art 1(3) defines "territory of India" as: (a) state territories, (b) UT territories in the First Schedule, and (c) such territories as may be acquired. "Territory of India" is broader than "Union of India": the Union includes only states and UTs, while "territory of India" also covers acquired territories over which Parliament can legislate. Acquired territories: Goa, Daman & Diu (1961, from Portugal), Dadra & Nagar Haveli (1954, from Portugal), Puducherry (1962, from France), and Sikkim (1975). The two Ambedkar points, the "territory of India" vs "Union of India" distinction, and the acquired territories list are standard exam items.
Articles 2, 3, and 4 — Admission, Formation, and Alteration
Art 2 empowers Parliament to admit or establish new states on terms it deems fit. This applies to territories not yet part of India. Art 3 empowers Parliament to: form new states by separation, unification, or territorial addition; increase or diminish state area; alter state boundaries; and alter state names. Art 3 procedure: a bill requires the President's prior recommendation; the President refers it to the affected state legislature(s) for views within a specified period; but Parliament is NOT bound by the state legislature's opinion. This means Parliament can redraw boundaries, create new states, or merge states without state consent. In the US, state boundaries cannot change without state consent (Art IV, Sec 3). Art 4 states that Art 2 and Art 3 laws are NOT constitutional amendments under Art 368. They pass by simple majority. The First and Fourth Schedules are automatically amended. The non-binding nature of the state legislature's opinion, the simple majority (not Art 368), and the US contrast are frequently tested.
The Original Four-Fold Classification (1950)
At commencement, states were classified into four categories. Part A States (9 former British Governor's provinces): Assam, Bihar, Bombay, Central Provinces & Berar, Madras, Orissa, East Punjab, United Provinces, West Bengal. Part B States (9 former princely states/groups with rajpramukhs): Hyderabad, J&K, Madhya Bharat, Mysore, PEPSU, Rajasthan, Saurashtra, Travancore-Cochin, Vindhya Pradesh. Part C States (10 former Chief Commissioner's provinces, centrally administered): Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura, Vindhya Pradesh. Part D Territory (1): Andaman & Nicobar Islands. This reflected colonial and princely state administrative heterogeneity. The Fazal Ali Commission (SRC, 1953) recommended abolishing this unequal structure. The States Reorganisation Act and 7th Amendment (both 1956) eliminated the four-fold classification and created a uniform system of states and UTs. The A-B-C-D classification, the 9-9-10-1 count, and the 1956 abolition are factually tested.
States Reorganisation — Commissions and Linguistic Principle
Linguistic state demands drove reorganization. The Congress reorganized its own provincial committees linguistically at the 1920 Nagpur session. Key developments: (1) Dhar Commission (1948, Justice S.K. Dhar): rejected linguistic reorganization, recommended administrative convenience. (2) JVP Committee (1948, Nehru-Patel-Sitaramayya): endorsed Dhar, opposing linguistic reorganization for national unity. (3) Potti Sriramulu's death (December 1952) during a 58-day fast for a Telugu-speaking state forced the government's hand; Andhra state was carved from Madras in 1953, becoming the first linguistic state. (4) Fazal Ali Commission / States Reorganisation Commission (1953-55, Fazal Ali, H.N. Kunzru, K.M. Panikkar): recommended broad linguistic reorganization balancing administrative efficiency, national unity, and popular wishes; led to the 1956 Act. (5) Shah Commission (1966) recommended Punjab's trifurcation into Punjab, Haryana, and Chandigarh. The linguistic principle was not the sole criterion: Chhattisgarh, Jharkhand, and Uttarakhand were created on development and tribal/cultural grounds, not language. The Dhar-JVP-SRC sequence, the first linguistic state (Andhra, 1953), and the Fazal Ali Commission members are heavily tested.
Union Territories — Constitutional Provisions and Administration
UTs are directly administered by the President through an Administrator appointed under Art 239. The Administrator is designated Lt. Governor (Delhi, Puducherry, J&K, Ladakh) or Administrator (Chandigarh, Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu). The President may appoint an adjacent state's Governor as UT Administrator. Key provisions: Art 239 (administration by President through Administrator); Art 239A (local legislatures or Council of Ministers for certain UTs; Puducherry operates under this); Art 239AA (special provisions for Delhi NCT, inserted by 69th Amendment, 1991); Art 239AB (President's Rule in Delhi); Art 240 (President can make regulations for A&N, Lakshadweep, D&NH-D&D, and Puducherry when legislature is dissolved; these regulations have the same force as Acts of Parliament); Art 241 (HCs for UTs). UTs exist because certain areas are too small, strategically important, or administratively distinct for statehood. Reasons include strategic importance (A&N, Lakshadweep, Ladakh), cultural distinctiveness (Puducherry), political importance (Delhi as capital), and administrative convenience (Chandigarh as shared capital). The LG vs Administrator designation, the Art 240 regulation power, and the reasons for UT status are tested factually.
Delhi as National Capital Territory — Special Status
The 69th Amendment (1991) inserted Art 239AA and 239AB, designating Delhi as NCT. Key features: Delhi has an elected 70-member Legislative Assembly and a Council of Ministers with a CM. However, Delhi's legislative power is restricted: the Assembly cannot legislate on public order, police, and land (State List Entries 1, 2, 18), which remain with the Centre. The LG is the Administrator representing the President. In Government of NCT of Delhi v. UoI (2018), a 5-judge bench held: the LG is bound by the Council of Ministers' aid and advice on matters within the Assembly's competence; the LG has no independent decision-making power on these subjects and must act as a "facilitator"; the LG can refer disagreements to the President. In 2021, Parliament passed the GNCTD (Amendment) Act, clarifying that "government" in Delhi means the LG for purposes of Assembly-made laws, partially overriding the 2018 judgment. In 2023, the SC ruled that Delhi has power over services (except those related to public order, police, and land), partially restoring elected government authority. Parliament then created the National Capital Civil Service Authority by ordinance/act. The 3-excluded-subjects (police, public order, land), the 2018-2021-2023 litigation sequence, and the 69th Amendment are high-frequency items.
Puducherry, J&K, and Other UTs
Puducherry operates under Art 239A with a 30-member elected legislature and a CM. Unlike Delhi, Puducherry's legislature has no specific excluded subjects (though Parliament's laws prevail in conflict). The Administrator (LG) can reserve bills for the President. J&K was reorganized from a state to a UT with legislature under the J&K Reorganisation Act 2019 (effective 31 October 2019), following Art 370 abrogation (C.O. 272, 5 August 2019). The SC (December 2023) upheld the abrogation and reorganization but directed statehood restoration "at the earliest." Ladakh was carved out as a UT without legislature. The remaining UTs (Chandigarh, A&N, Lakshadweep, D&NH-D&D) are administered directly by Administrators without elected legislatures. The President makes regulations for these under Art 240 with the same force as Parliamentary Acts. The 3 UTs with legislatures (Delhi, Puducherry, J&K), Puducherry's no-excluded-subjects status, and the Art 240 regulation power are tested in comparison questions.
Key Amendments Related to States and UTs
Major amendments: 7th Amendment (1956) implemented the States Reorganisation Act, abolished the A-B-C-D classification, and enabled UT provisions. 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. 69th Amendment (1991) gave Delhi NCT status (Art 239AA). 100th Amendment (2015) enabled the India-Bangladesh Land Boundary Agreement (exchange of enclaves affecting West Bengal, Assam, Meghalaya, Tripura). Key Acts: States Reorganisation Act 1956, Punjab Reorganisation Act 1966, North Eastern Areas Reorganisation Act 1971, Bihar/MP/UP Reorganisation Acts 2000, AP Reorganisation Act 2014, J&K Reorganisation Act 2019. State creation under Art 3 requires only simple majority (not Art 368), but Fourth Schedule changes (RS seat allocation) follow automatically under Art 4. The amendment numbers, the simple-majority-not-368 principle, and the Art 4 automatic Fourth Schedule update are tested factually.
Judicial Pronouncements on Union and Territory
Key judgments: (1) In re Berubari Union (1960): ceding Indian territory to a foreign country requires a constitutional amendment (led to the 9th Amendment). (2) Babulal Parate v. State of Bombay (1960): Parliament's power under Art 3 is plenary; the state legislature's opinion is advisory, not binding; upheld the Bombay Reorganisation Act. (3) Government of NCT of Delhi v. UoI (2018): 5-judge bench elaborated on Delhi's status and the LG-elected government relationship. (4) In Re Article 370 (2023): 5-judge bench upheld J&K's special status abrogation and UT reorganization, directed statehood restoration. These cases establish that India's territorial arrangements are subject to parliamentary authority, not state consent, and the Union is constitutionally paramount. The Berubari ruling (territory cession needs amendment) and the Babulal Parate ruling (state opinion not binding) are the two most-tested judicial principles.
Current Configuration — 28 States and 8 Union Territories
India has 28 states and 8 UTs. 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, Punjab Governor holds additional charge, shared capital of Punjab and Haryana); (3) Dadra & Nagar Haveli and Daman & Diu (merged UT since 2020); (4) Delhi NCT (LG + elected government, cannot legislate on police/public order/land); (5) J&K (LG + provision for legislature, reorganized from state 2019); (6) Ladakh (LG, no legislature, created 2019); (7) Lakshadweep (Administrator, usually IAS officer); (8) Puducherry (LG + elected government, 30-member legislature, includes Puducherry, Karaikal, Mahe, and Yanam). Smallest state by area: Goa. Largest state: Rajasthan. Smallest UT: Lakshadweep. Largest UT: Ladakh. The 28/8 count, the 3 UTs with legislatures, and the Chandigarh shared-capital status are standard items.
Differences Between States and Union Territories
Key distinctions: (1) Head: states have a Governor (Art 155); UTs have an Administrator (Art 239). (2) Government: states have elected CM and Council of Ministers responsible to the legislature; most UTs are directly administered, though Delhi, Puducherry, and J&K have elected governments with limitations. (3) Legislature: states have VS (some also VP); only Delhi, Puducherry, and J&K have legislatures. (4) Constitutional basis: states governed by Part VI (Art 152-237); UTs by Part VIII (Art 239-241). (5) Autonomy: states have exclusive State List jurisdiction; UTs have limited autonomy with Centre controlling most matters. (6) RS representation: states have proportional representation; UTs either have none or limited seats (Delhi 3, Puducherry 1, J&K 4). (7) LS: both states and UTs have LS representation. (8) HC: states have their own HC or share one; UTs either have their own (Delhi HC, J&K & Ladakh HC) or fall under a state HC. (9) Residuary powers: Parliament holds residuary power (Art 248) for both states and UTs, but Parliament has plenary legislative power over UTs. The Part VI vs Part VIII distinction, the RS representation difference, and the plenary-power-over-UTs principle are analytically tested.
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.