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com

Union and
Territories
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Article 1(1)

“India ,that is Bharat, shall be a Union of

States”

Indian Federation is not the result of

agreement between the units

Units have no freedom to secede from

the union .
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Article 1(3)

Territory of India Comprises of

•State Territories
•Union Territories
•Such other territories as may be acquired
by the Government of India at any time.
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States
“Parliament may by law admit into the Union, or Establish new
states, on such terms and conditions as it thinks fit”
BY LAW - indicates that a legislative action on the part of the
parliament is required for the admission of a new state.
ADMIT -refers to the admission of state already in existence

ESTABLISH- refers to establishment of New State

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Key Amendments

7th Amendment – States Reorganization on

Linguistic Basis

36th Amendment- Sikkim Made as Full Fledged

Indian State
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Article 3(a):Formation of New States

Parliament May by Law Form New

State by
By Separation By uniting any
By uniting
of Territory By uniting territory to a
two or more
from any parts of states part of any
states
state, state
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Article 3(b) to (E)

The Parliament may, by law

•3(b) – Increase the area of any state

•3(c)- Diminish the area of any state
•3(d)- Alter the boundaries of any state
•3(e)- Alter the name of any state
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Proviso to Article 3

Recommendation of the president is required

If the bill affects the area or boundary of existing state then

• Bill has to be referred by the president to the legislature of that state for
expressing its views
• State legislature should express views within specified time period
• President may extend the time period
• Parliament is not required or bound to accept the view of state legislature
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Explanation to Article 3
The term state in clause (a)to (e) includes union territory

But the term state in proviso does not include union territory

The Power Conferred on parliament by clause (a) of Art.3,to form

a new state, include the power to form a new union territory
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Article 4

4(1)Directs the parliament ,in case it makes law under Art

2 or 3,to include therein necessary provisions for the
amendment of First and Fourth schedules of the
Constitution.
4(2)Laws passed by the parliament in relation to Art 2 or 3
do not amount to Constitutional Amendments for the
purposes of Art.368.
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Foreign Territories

Foreign Territories on acquisition

may
Merged in to an
Either be Constituted
existing state Formed in to a
Admitted into into new states
under article Union Territory
the union under article 2
3(a) or 3(b)
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IN RE BERUBARI UNION AND EXHANGE OF
ENCLAVES case
The Power to Dismiss the area of a state does
not entitle parliament to cede Indian Territory
to a Foreign State.
An Amendment of Constitution ,under Art
368,is necessary for ceding Indian Territory to
a Foreign State.