Union and Its Territory (Articles 1–4)
Articles 1–4, Parliament’s powers, the State reorganisation process, key commissions, chronology and memory tricks.
Overview of Part I
Part I of the Constitution covers Articles 1–4 and concerns the Union and its territory. The First Schedule lists the States and Union Territories. Article 1 declares: “India, that is Bharat, shall be a Union of States.” Article 1(3) includes the territories of States, Union Territories specified in the First Schedule, and such other territories as may be acquired.
Why “Union of States”?
India is described as a Union because the federation is not the result of an agreement among States and States have no right to secede. Parliament can reorganise State boundaries and names through the constitutional process. The familiar phrase for exams is “indestructible Union of destructible States”: the Union continues, although State areas, boundaries and names may change.
Article 2 versus Article 3
Article 2 empowers Parliament to admit into the Union, or establish, new States on terms and conditions it thinks fit. Article 3 empowers Parliament to form a new State from existing territory, unite States or parts, increase or diminish a State’s area, alter boundaries, or change a State’s name. Core distinction: Article 2 is admission/establishment; Article 3 is internal reorganisation.
How an Article 3 Bill proceeds
A Bill under Article 3 can be introduced in Parliament only on the President’s recommendation. The President refers it to the concerned State Legislature for its views within the specified period. The State’s views are consultative, not binding: Parliament may accept or reject them. The Bill is passed by a simple majority. Under Article 4, laws under Articles 2 and 3 may amend the First and Fourth Schedules and are not treated as Article 368 constitutional amendments.
Cession of territory and Article 4
Changing internal State boundaries is different from ceding Indian territory to a foreign country. The Berubari Union opinion (1960) held that cession of territory requires a constitutional amendment under Article 368. The 100th Constitutional Amendment Act, 2015 implemented the India–Bangladesh Land Boundary Agreement. Article 4 does not mean that every law involving territory requires a special majority; it specifically covers laws under Articles 2 and 3.
Linguistic reorganisation commissions
Dhar Commission (1948) emphasised administrative convenience rather than language. The JVP Committee—Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya—also did not endorse language as the immediate basis. Potti Sriramulu’s fast and death preceded the creation of Andhra State in 1953. The Fazl Ali Commission (States Reorganisation Commission) accepted language as an important basis while rejecting a rigid “one language, one State” formula. The States Reorganisation Act, 1956 and Seventh Amendment reorganised the map; the historical arrangement was 14 States and 6 Union Territories.
Timeline of State formation
High-yield milestones include Andhra State (1953); the States Reorganisation Act (1956); Maharashtra and Gujarat (1960); Haryana and Chandigarh arrangements (1966); Himachal Pradesh statehood (1971); Manipur, Tripura and Meghalaya (1972); Sikkim’s full statehood (1975); Goa, Mizoram and Arunachal Pradesh (1987); Chhattisgarh, Uttarakhand and Jharkhand (2000); Telangana (2014); and the 2019 reorganisation of Jammu and Kashmir into two Union Territories. Dadra and Nagar Haveli merged with Daman and Diu in 2020. Verify current administrative counts against official sources when revising current affairs.
Memory Tricks & Quick Recall
ARTICLES 1–4: “Name, Admit, Alter, Adjust.” Article 1 = name/territory; Article 2 = admit or establish; Article 3 = create/alter States; Article 4 = schedules and consequential changes, no Article 368 amendment procedure for such laws. Article 3 sequence: “President recommends → State gives views → Parliament decides.” State views are NOT binding. Dhar = administrative convenience; JVP = language not accepted as immediate basis; Fazl Ali = language accepted as a basis. “Berubari = Boundary ceded abroad → Article 368 amendment.”
Exam practice: common traps
A State Legislature cannot veto an Article 3 Bill. Article 3 requires prior presidential recommendation, not merely later assent. A simple majority applies to laws under Articles 2 and 3 as described by Article 4. Do not confuse admission of a territory/state with rearranging existing Indian States. Internal reorganisation and cession to a foreign country are constitutionally different questions.
Quick revision
Part I = Articles 1–4; First Schedule = States/UTs; Article 2 = admission/establishment; Article 3 = formation, area, boundary and name changes; Article 4 = schedule changes and no Article 368 treatment for laws under 2/3. Parliament has the final decision on Article 3 reorganisation after the State Legislature is asked for its views.