The Union and Its Territory

A Union of States

▸ The term Union of States was suggested by Dr BR Ambedkar, which indicates two things, first, the Indian federation is not the result of an agreement among the states and second, the Units/States do not have right to secede from the Union.
▸ Union of India includes only the states which share federal powers with the centre. However, the drawing of state boundaries has been solely vested with the Union. Thus, India is an indestructible Union of destructible states.
▸ The expression 'Union of India' needs to be distinguished from the expression 'Territory of India'. While the Union of India includes only the states which share federal powers with the centre, Territory of India includes the entire territory over which the sovereignty of the country is exercised. Apart from the states, the territory of the country includes the Union Territories and other territories acquired by India.
▸ Articles 1 to 4 under part-I of the Constitution deal with the Union and its territory.
▸ The 1st Schedule of the Constitution contains the name of the State and Union Territories and their territorial extent. At present there are 29 states and 7 Union Territories. The provisions of the Constitution pertaining to the states are applicable to all the states (except Jammu and Kashmir) in the same manner.

Establishment OR Formation of New States

▸ Article 2, relates to the admission or establisment of new states that are not part of the Union of India.
▸ Article 3 deals with the formation of a new state out of the territories of the existing states.
▸ Parliament, under Article 3, can increase or diminish the area of any state or alter the boundaries or change the name of any state.
▸ The Bill introducing the above changes should be introduced in the Parliament with the prior recommendation of President.
▸ Before introducing in the Parliament, the President has to refer the Bill to the concerned state legislature for its views within a specified period. The Parliament is not bound by the views of the concerned states.
▸ In case of Union territories no reference need to be made to concerned legislature.
▸ Article 4 states that Laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Article 3) are not deemed to be Constitutional Amendment under Article 368. Such Laws passed by a simple majority and by ordinary legislative process.
▸ (Under Article 2) The Constitution has provided for acquisition of territory and admission of new states, but there is no provision for ceding territory to a foreign country. On a presidential reference on Berubari Union (1960) the Supreme Court held that territory can be ceded only by a Constitutional Amendment. The 9th Amendment Act was used to cede part of Berubari Territory to Pakistan.
▸ Being a sovereign state, India can acquire foreign territories according to the modes recognised by international law.
▸ Also the exchange of enclaves under Indo-Bangladesh border pact at requires a Constitutional Amendment.

Post Independence State Reorganisation

Integration of Princely States

▸ At the time of independence, Princely states had three options viz, joining India, Joining Pakistan or remaining independent. Of the 552 Princely states situated within the geographical boundaries of India, 549 Joined India and the remaining three (Hyderabad, Junagarh and Kashmir) refused to Join India. However, in the course of time, they were also integrated with India-Hyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of accession.

Three Categories of States

▸ Prior to 1953, India was territorially divided into three types of states:
(i) The Part A states, which were the former governors' provinces of British India, were ruled by an elected Governor and State Legislature. The 9 Part A states were Assam, West Bengal, Bihar, Bombay, Madhya Pradesh (formerly Central Provinces and Berar), Madras, Orissa (Odisha), Punjab and Uttar Pradesh (formerly United Provinces). (ii) The Part B states were former princely states or groups of princely states, governed by a Rajpramukh and an elected legislature. The Rajpramukh was appointed by the President of India. The 9 Part B states were Hyderabad, Saurashtra, Mysore, Travancore-Cochin, Madhya Bharat, Vindhya Pradesh, Patiala and East Punjab States Union (PEPSU) Rajasthan and Jammu and Kashmir. (iii) The Part C states included both the former Chief Commissioners' provinces and princely states and were governed by a Chief Commissioner. The Chief Commissioner was appointed by the President of India. The 10 Part C states included Delhi, Kutch, Himachal Pradesh, Bilaspur, Coorg, Bhopal, Manipur, Ajmer-Mewar, Tripura and Cooch-Behar.

Committee/Commission for State Reorganisation

▸ The all Party Conference headed by Motilal Nehru had pitched for linguistic basis of states in 1928 itself.
▸ After Independence following committees were constituted:
Dhar Commission
▸ The Government of India appointed the Linguistic Provinces Commission under the Chairmanship of SK Dhar in June, 1948, to study the issue of the reorganisation of the states on linguistic basis.
▸ The Dhar Committee recommended that administrative convenience would outweigh any other consideration for reorganisation of states. This would be beneficial for better governance. Thus, the Dhar Commission categorically rejected the basis of linguistic formation of states.
JVP Commitee
▸ The Congress, in its Jaipur Session in 1948, also appointed a 3 member committee to consider the recommendations of the Dhar Commission.
▸ The Committee was popularly known as the JVP Committee after the names of its 3 members- Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitarammaiah.
▸ The Committee rejected language as the basis for the reorganisation despite popular support for it. It also concurred that such reorganisation might destabilise national integration.
The State Reorganisation Commission (Fazl Ali Commission)
▸ In December 1953, Prime Minister Jawaharlal Nehru appointed the States Reorganisation Commission to prepare for the creation of states on linguistic lines. This was headed by Justice Fazl Ali with HN Kunzru and KM Pannikar as members.
▸ The efforts of this Commission were overseen by Govind Ballabh Pant, who served as Home Minister from December 1954.
▸ The Commission submitted a report in 1955, recommending the reorganisation of India's states on linguistic basis.
▸ But is rejected the theory of 'one language-one state'. Its view was that unity of India should be regarded as the primary consideration in any redrawing of country's political units.
▸ It identified four major factors that can be taken into account of any scheme of reorganisation of states:
(i) Preservation and strengthening of the unity and security of the country. (ii) Linguistic and cultural homogeneity (iii) Financial, economic and administrative considerations (iv) Planning and promotion of welfare of the people in each state as well as of the nation as a whole.
Linguistic Movements
Political movements for the creation of new, linguistic based states developed around India in early 1950s. A 'fast unto death' protest by Sriramulu stirred the regional agitation. Indeed, Sriramulu died out of fasting in cause of statehood for Telugu speaking people. Owing to the popular demand, the 16 Northern, Telugu-speaking districts of Madras State became the new State of Andhra in October, 1953.
Andhra is the first state to be created on linguistic basis in India. Similar movements also followed in Mysore, Bombay, Kerala regions for creation of linguistic states.
States Created by State Reorganising Committee in 1956
▸ Andhra Pradesh Andhra was renamed Andhra Pradesh and enlarged by the addition of the erstwhile Telangana region of erstwhile Hyderabad state.
▸ Bombay State The state was enlarged by the addition of Saurashtra and Kutch, the Marathi speaking districts of Nagpur Division of Madhya Pradesh and the Marathwada region of Hyderabad. The Southernmost districts of Bombay were transferred to Mysore state.
▸ Kerala Formed by the merger of Travancore-Cochin state with the Malabar District of Madras state and adding Southern part of Travancore (Kanyakumari) to Madras state.
▸ Madhya Pradesh Madhya Bharat, Vindhya Pradesh and Bhopal were merged into Madhya Pradesh and the Marathi-speaking districts of Nagpur division were transferred to Bombay state.
▸ Madras State The state was reduced to its present boundaries by the transfer of Malabar District to the new State of Kerala. The Southern part of Travancore (Kanyakumari district) was added to the state. (The state was renamed Tamil Nadu in 1969).
▸ Mysore State Enlarged by the addition of Coorg state and the Kannada speaking districts from Southern Bombay state and Western Hyderabad state.
▸ Punjab The Patiala and East Punjab States Union was merged into Punjab.
▸ Rajasthan Rajputana was renamed Rajasthan and enlarged by the addition of Ajmer-Mewara States.

Andhra Pradesh Reorganisation Act 2014

▸ Commonly called Telangana Act, it bifurcates the Andhra Pradesh state into Telangana and residuary Andhra Pradesh. The new state will come into effect on 2nd June, 2014. The act purpotedly addressee the grievances of Telangana proponents resulting from violation of Gentleman's Agreement, Hyderabad will remain as common capital under Governor supervision till new capital for Andhra Pradesh is developed.
▸ The Act consists of all aspects of division of assets and liabilities, finalises the boundary of proposed new states and status of Hyderabad.

Demand for Newer and Smaller States

▸ Of late, there are many demands for new states. e.g. Vidharbha (Maharashtra), Bodoland (Assam), Gorkhaland (West Bengal), Kodagu (Karnataka), Puducherry, Harit Pradesh (Uttar Pradesh), Delhi etc. All the demands cannot be met as it would lead to proliferation of states to a point of federal burdens; they are economically unviable; national unity would be threatened; small states are not necessarily better governed as seen in the North-East; administrative problems about creation of institutions like High Court, Secretariat etc the costs of setting up a capital etc, to name some problems of creating new states.

Why do Such Demands Arise?

▸ The relative under development of a particular region as compared to the other regions of the same state.
▸ Lack of participation in mainstream politics and decision-making from a particular region.
▸ Distinct cultural identity based on language, tribe etc existing in a particular pocket of the state. Distance from the power of centre in the state leading to problem of administrative inefficiency and sense of alienation among the people.
▸ Politics of vote bank and rise of regional parties like Telangana Rashtriya Samiti, Gorkhaland National Front etc.
Timeline of Reorganisation of States and Union Territories after 1956

Maharashtra and Gujarat Both states were come into exist in 1960. The bilingual state Bombay was divided into two-Maharashtra for Marathi speaking people and Gujarat for Gujarati speaking people. Oadra and Nagar Maveli The portuguese ruled this territory. But in 1961 it was converted into Union Territory of India by 10th Constitution Amendment Act, 1961. Goa, Daman and Diu India acquired these three territories from the portuguese by means of a police action in 1961. It became Union Territory by the 12th Constitutional Amendment Act, 1962. Puducherry
[Pondicherry] The territory of Puducherry comprises the former French establishments in India known as Puducherry. Karaikal, Mahe and Yanam. It became an Union Territory in 1962 by 14th Constitutional Amendment Act. It was carved out from the State of Assam by the State of Nagaland Act, 1962. State came into existence in 1963. Maryana It was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966. Mimachal Pradesh The Union Territory of Himachal Pradesh was elevated to the status of state by the State of Himachal Pradesh Act, 1970. It came into existence in 1971. First carved out as a sub-state within the State of Assam by 23rd Constitutional Amendment, 1969. Later, in 1971, it received the status of a full-fledged state by the North-Eastern Areas (Reorganisation) Act, 1971. Manipur and Tripura Both these states were elevated from the status of Union Territories by the North-Eastern Areas (Reorganisation) Act, 1971. Created from the Princely State of Mysore by the State Reorganisation Act, 1956. It has been renamed Karnataka in 1973. It was given first the status of Associate State by the 35th Constitutional Amendment Act, 1974. It got the status of a full state in 1975 by the 36th Amendment Act, 1975. It was elevated to the status of a full state by the State of Mizoram Act, 1986. 1st came into existence in 1987. It received the status of a full state by the State of Arunachal Pradesh Act, 1986. It came into existence in 1987. It was separated from the Union Territory of Goa, Daman and Diu and was made a full fledged state by the Goa, Daman and Diu Reorganisation Act, 1987. But Daman and Diu remained as Union Territory. Formed by the Madhya Pradesh Reorganisation Act, 2000 by dividing Madhya Pradesh on1st November, 2000. Formed by the Uttar Pradesh Reorganisation Act, 2000 by dividing Uttar Pradesh on 9th November, 2000. Formed by the Bihar Reorganisation Act, 2000 by dividing Bihar on 15th November, 2000. Formed by the Andhra Pradesh Reorganisation Act 2014 by bifurcation of Andhra Pradesh on 2nd June, 2014.

Change of Names of Some States and Union Territories

Year Changes 1950 The United Provinces was the first state to have a new name i.e. ‘Uttar Pradesh’. Madras was renamed ‘Tamil Nadu’ by the Madras State (Alteration of Name) Act, 1968. 1973 • Mysore was renamed ‘Karnataka’, by the Mysore State (Alteration of Name) Act, 1973.
• Laccadive, Minicoy and Amindivi islands were renamed ‘Lakshadweep’, by the Laccadive, Minicoy and Amindiri islands (Alteration of Name) Act, 1973. 1992 The Union Territory of Delhi was redesignated as the National Territory of Delhi, by the 69th Constitutional Amendment Act, 1991.

Demand for Second States Reorganisation Commission

▸ There is strong need and demand for a Second States Reorganisation Commission, on the following grounds
— There has been a lot of criticism of the linguistic basis of reorganisation.
— Many states have been created from 1960 to 2014. There are demands to see if the reorganisation has worked well.
— Many states have huge population, which might be unmanageable for a single state. For administrative convenience, it is necessary to bifurcate states such as Uttar Pradesh.
— Many agitations for new states continue like, Vidharbha, Gorkhaland etc.

Arguments for Smaller States

▸ It will increase administrative efficiency leading to proper utilisation of resources.
▸ Development will take place and regional disparities will become narrow.
▸ Small states are more effective for fiscal management.
▸ The popular demands, needs and problems of the region may be addressed efficiently.
▸ There shall be greater competition among states for more development.
▸ Smaller states will have more homogenous preferences.

Arguments Against Smaller States

▸ It will open the pandora's box creating demand for more states.
▸ It will add to the burden of administrative expense, which could have been utilised for development work.
▸ Smaller states do not necessarily show better economic performance, e.g. North Eastern States.
▸ It may increase inter-state conflicts for e.g. water.
▸ The disputes may lead to more and more demand for special packages from the Union.
Regionalism
Regionalism is a feeling of loyalty or an ideology among a section of people residing in particular geographical space characterised by unique language, culture etc. In principle, regionalism need not be regarded as an unhealthy or antinational phenomenon as it provides a forum for voicing the multifaceted aspirations of local people. The strengthening of Indian democracy after state reorganisation in 1956 has proved that regionalism perse is not a threatening phenomena. But, when it takes a militant, aggressive turn and encourages the growth of secessionist tendency, e.g. Khalistan Movement, it threatens the unity and integrity of the nation.