Union and its Territory (Articles 1 to 4): Reorganisation, Evolution & Land Boundaries for UPSC
UPSC Planner Editorial Team
Summary
A comprehensive UPSC guide to Part I of the Indian Constitution (Articles 1 to 4), analyzing the reorganisation procedure, Berubari Union 1960 ruling, Dhar/JVP/Fazal Ali commissions, 100th Amendment LBA, and evolution to 28 States and 8 UTs.
Part I of the Constitution of India, comprising Articles 1 to 4, defines the territorial scope, political structure, and reorganisation framework of the Indian Union. It establishes India as an "Indestructible Union of destructible states", empowering Parliament to admit, establish, form, and alter the boundaries or names of States through ordinary legislative procedure without requiring a formal constitutional amendment under Article 368.
Understanding the constitutional mechanisms of Articles 1 to 4, the distinction between admission and formation, the judicial doctrine on cession of territory (Berubari Union Case, 1960), the 100th Constitutional Amendment Act, and the historical evolution from 14 States in 1956 to 28 States and 8 Union Territories today is crucial for UPSC CSE (Prelims and Mains GS Paper II).
For foundational context on the constitutional framework, explore our guides on Historical Background of the Indian Constitution, Making of the Indian Constitution, Salient Features of the Indian Constitution, and Preamble of the Indian Constitution.
Constitutional Architecture: Articles 1 to 4
| Article | Constitutional Subject Matter | Key Mechanism & Powers |
|---|---|---|
| Article 1 | Name and Territory of the Union | Proclaims "India, that is Bharat, shall be a Union of States"; classifies Indian territory into States, UTs, and acquired territories. |
| Article 2 | Admission or Establishment of New States | Empowers Parliament by law to admit into the Union, or establish, new States on terms and conditions it thinks fit (relates to territories outside existing India). |
| Article 3 | Formation of New States and Alteration of Areas, Boundaries, or Names | Empowers Parliament by law to reorganize internal state boundaries, merge or bifurcate states, alter names, or create new states from existing territories. |
| Article 4 | Laws Made under Articles 2 and 3 | Declares that laws made under Articles 2 and 3 for amendment of First and Fourth Schedules are NOT to be deemed amendments under Article 368 (passed by simple majority). |
Article 1: Name and Territory of the Union
Article 1(1) states: "India, that is Bharat, shall be a Union of States."
1. Dual Nomenclature: "India, that is Bharat"
During the Constituent Assembly debates, there was no consensus on the name of the country. Some members advocated the traditional indigenous name "Bharat", while others favored the modern international name "India". Consequently, the Constituent Assembly adopted a composite formulation: "India, that is Bharat".
2. "Union of States" vs "Federation of States"
Although the Constitution is federal in structure, Dr. B.R. Ambedkar explicitly explained in the Constituent Assembly why the Drafting Committee preferred the term "Union of States" over "Federation of States":
- Not an Agreement: The Indian Federation is not the result of an agreement among the constituent states (unlike the American Federation, which was created by independent states coming together).
- No Right to Secede: The States have no right to secede from the Federation. The federation is a Union because it is indestructible.
3. "Territory of India" vs "Union of India"
🏛️ Conceptual Distinction:
- "Union of India": A narrower legal concept that includes only the States that share federal powers with the Centre.
- "Territory of India": A wider constitutional concept that includes:
- The territories of the States (28 States).
- The Union Territories specified in the First Schedule (8 UTs).
- Such other territories as may be acquired by the Government of India at any time (e.g. Goa, Daman & Diu, Puducherry, Dadra & Nagar Haveli prior to statehood/UT status).
Being a sovereign state, India can acquire foreign territories according to the modes recognized by international law, namely cession (by treaty, purchase, or plebiscite), occupation (territory not recognized as belonging to any other state), conquest, or subjugation.
Article 2: Admission or Establishment of New States
Article 2 vests Parliament with two distinct powers:
- The power to admit into the Union new States (states already in existence as political entities).
- The power to establish new States (states not previously in existence).
⚠️ Key Jurisdictional Scope: Article 2 relates exclusively to the admission or establishment of new states that were not part of the territory of India. In contrast, Article 3 deals with the internal readjustment and reorganisation of territories already forming part of India.
Case Study: Integration of Sikkim (35th & 36th Amendments)
- Pre-1947 Status: Sikkim was an Indian Princely State ruled by the Chogyal dynasty.
- 1947 Protectorate Status: After independence, Sikkim became a "protectorate" of India, whereby the Government of India assumed responsibility for its defense, external affairs, and communications.
- 35th Constitutional Amendment Act, 1974: Introduced a unique constitutional status by conferring the status of an "Associate State" on Sikkim, inserting Article 2A and the Tenth Schedule (a special schedule outlining terms of association).
- 36th Constitutional Amendment Act, 1975: Following a popular referendum in Sikkim demanding full integration with India, the 36th Amendment repealed Article 2A and the Tenth Schedule, making Sikkim a full-fledged 22nd State of the Indian Union, and inserted Article 371F containing special provisions for Sikkim.
Article 3: Formation and Reorganisation of States
Article 3 authorizes Parliament to reorganize the internal political geography of India. Parliament may by law:
- Form a new State by separation of territory from any State, by uniting two or more States or parts of States, or by uniting any territory to a part of any State.
- Increase the area of any State.
- Diminish the area of any State.
- Alter the boundaries of any State.
- Alter the name of any State.
Mandatory Constitutional Procedure under Article 3
Step-by-Step State Reorganisation Procedure
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Step 1: Prior Presidential Recommendation
Bill can be introduced in EITHER House of Parliament
ONLY on the prior recommendation of the President.
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Step 2: Reference to State Legislature
President MUST refer the Bill to the affected State
Legislature(s) for expressing views within a specified time.
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Step 3: State Views Are Non-Binding
Parliament / President is NOT bound by State Legislature's views;
Parliament can accept, reject, or modify them entirely.
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Step 4: Simple Majority in Parliament
Bill is passed by a SIMPLE MAJORITY in both Lok Sabha
and Rajya Sabha (ordinary legislative procedure).
Critical Rules Governing Article 3:
- Union Territories Exemption: For Union Territories, no reference needs to be made to the concerned legislature; Parliament can enact any modification unilaterally.
- Fresh Reference Not Required: If Parliament amends the Bill after receiving the State Legislature's view, no fresh reference to the State Legislature is required.
- Indestructible Union of Destructible States: The territorial integrity or continued existence of any State is not guaranteed by the Constitution. Therefore, India is rightly described as an "Indestructible Union of destructible states". In contrast, the United States of America is an "Indestructible Union of indestructible states", where the federal government cannot alter state boundaries without state legislative consent.
Article 4: Laws under Articles 2 and 3
Article 4 explicitly provides two crucial constitutional safeguards:
- Consequential Amendments: Any law referred to in Article 2 or Article 3 shall contain necessary provisions for amending the First Schedule (names and territorial extents of States and UTs) and the Fourth Schedule (allocation of Rajya Sabha seats to States and UTs).
- Simple Majority (Not an Article 368 Amendment): Article 4(2) states that no such law shall be deemed to be an amendment of this Constitution for the purposes of Article 368. Consequently, state reorganisation laws can be passed by a simple majority through ordinary legislative procedure.
Cession of Indian Territory: The Berubari Union Case (1960)
A fundamental constitutional question arose in 1960: Does the power of Parliament to diminish the area of a State under Article 3 include the power to cede Indian territory to a foreign country?
Historical Background
Under the Indo-Pakistan Agreement of 1958 (Nehru-Noon Pact), the Government of India agreed to transfer a part of the Berubari Union No. 12 (located in West Bengal) to Pakistan. This triggered severe political and constitutional controversy, prompting the President of India to make a reference to the Supreme Court under Article 143 (Advisory Jurisdiction).
Supreme Court Ruling (In re Berubari Union, 1960)
⚖️ Key Principles Laid Down by the Supreme Court:
- Article 3 Does NOT Cover Cession: The power of Parliament to diminish the area of a State under Article 3 relates exclusively to the internal reorganisation of Indian states and does NOT include the power to cede Indian territory to a foreign State.
- Constitutional Amendment Mandatory: Indian territory can be ceded to a foreign country only by enacting a Constitutional Amendment Act under Article 368.
- 9th Constitutional Amendment Act, 1960: Parliament subsequently enacted the 9th Constitutional Amendment Act, 1960 to give effect to the transfer of the Berubari territory to Pakistan.
Settlement of Boundary Disputes (Maganbhai Ishwarbhai Patel Case, 1969)
In Maganbhai Ishwarbhai Patel v. Union of India (1969), the Supreme Court clarified that:
- A constitutional amendment under Article 368 is required only for the actual cession of Indian territory to a foreign State.
- Settlement of a boundary dispute between India and another country does not amount to cession of territory and can be implemented by Executive Action alone, without requiring any constitutional amendment or legislative enactment.
100th Constitutional Amendment Act, 2015 (Indo-Bangladesh Land Boundary Agreement)
The 100th Constitutional Amendment Act, 2015 operationalized the 1974 Land Boundary Agreement (LBA) and its 2011 Protocol between India and Bangladesh:
| Aspect | Operational Details of 100th Amendment |
|---|---|
| Transfer of Enclaves | India transferred 111 enclaves (measuring 17,160.63 acres) to Bangladesh, while Bangladesh transferred 51 enclaves (measuring 7,110.02 acres) to India. |
| Undemarcated Boundary | Demarcated a 6.1 km undemarcated border stretch in West Bengal, Tripura, and Assam. |
| Affected Indian States | Modified the territorial boundaries of 4 border States in the First Schedule: Assam, West Bengal, Meghalaya, and Tripura. |
| Constitutional Necessity | Because the transfer involved the cession of Indian territory (111 enclaves), a Constitutional Amendment Act under Article 368 was enacted, adhering to the Berubari (1960) doctrine. |
Committees and Commissions on States Reorganisation
At the time of independence, there was an intense nationwide demand, particularly from South India, for the reorganisation of States on a linguistic basis. The Government appointed successive committees to resolve this question:
1. S.K. Dhar Commission (June 1948)
- Appointed By: President of the Constituent Assembly, Dr. Rajendra Prasad, headed by Justice S.K. Dhar (former judge of the Allahabad High Court).
- Recommendations (Dec 1948): Strongly recommended the reorganisation of States on the basis of administrative convenience rather than linguistic considerations, warning that linguistic states could threaten national integration.
2. JVP Committee (December 1948)
- Members: Appointed by the Congress session at Jaipur, comprising Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya (popularly known as the JVP Committee).
- Recommendations (April 1949): Formally rejected language as the basis for the reorganisation of States, emphasizing security, unity, and economic prosperity.
3. Creation of Andhra State (October 1953)
- In October 1952, Potti Sreeramulu, a veteran Gandhian leader, went on an indefinite hunger strike demanding a separate Telugu-speaking state from Madras State.
- Following his death on the 56th day of the fast (15 December 1952), widespread public agitation erupted.
- The Government of India was forced to create the first linguistic state, Andhra State, in October 1953 by separating the Telugu-speaking areas from Madras State (now Tamil Nadu).
4. Fazal Ali Commission / States Reorganisation Commission (SRC 1953)
The creation of Andhra State intensified linguistic demands across other regions. In December 1953, the Government of India appointed a 3-member States Reorganisation Commission (SRC):
- Members: Justice Fazal Ali (Chairman), K.M. Panikkar, and H.N. Kunzru.
- Report (September 1955): Broadly accepted language as the basis of reorganisation of states, but firmly rejected the theory of "One Language, One State". It identified 4 major principles:
- Preservation and strengthening of the unity and security of India.
- Linguistic and cultural homogeneity.
- Financial, economic, and administrative considerations.
- Planning and promotion of the welfare of the people in each State and the nation as a whole.
- Recommendations: Recommended the abolition of the 4-fold classification of States (Part A, B, C, D) and the creation of 16 States and 3 Centrally Administered Territories.
States Reorganisation Act, 1956 & 7th Constitutional Amendment
To implement the SRC recommendations with modifications, Parliament passed the 7th Constitutional Amendment Act, 1956 and the States Reorganisation Act, 1956:
- Abolition of Part A, B, C, D Classification: Abolished the distinction between Part A and Part B states and repealed Part C and Part D categories entirely.
- Creation of 14 States and 6 Union Territories (as on 1 November 1956):
| 14 States (1 Nov 1956) | 6 Union Territories (1 Nov 1956) |
|---|---|
| 1. Andhra Pradesh | 1. Andaman and Nicobar Islands |
| 2. Assam | 2. Delhi |
| 3. Bihar | 3. Himachal Pradesh |
| 4. Bombay | 4. Laccadive, Minicoy and Amindivi Islands |
| 5. Jammu and Kashmir | 5. Manipur |
| 6. Kerala | 6. Tripura |
| 7. Madhya Pradesh | |
| 8. Madras | |
| 9. Mysore | |
| 10. Orissa | |
| 11. Punjab | |
| 12. Rajasthan | |
| 13. Uttar Pradesh | |
| 14. West Bengal |
Chronological Evolution of States and UTs (1956 to Present)
| Year | Constitutional Reorganisation Event | Resulting States / UTs |
|---|---|---|
| 1960 | Bifurcation of Bombay State: The bilingual state of Bombay was divided into Maharashtra (Marathi-speaking) and Gujarat (Gujarati-speaking). Gujarat became the 15th State. | Maharashtra & Gujarat (15th State) |
| 1961 | Dadra and Nagar Haveli: Liberated from Portuguese rule in 1954; converted into a Union Territory by the 10th Constitutional Amendment Act, 1961. | UT of Dadra & Nagar Haveli |
| 1961 | Goa, Daman and Diu: Liberated from Portuguese rule via Operation Vijay (Dec 1961); constituted as a UT by the 12th Constitutional Amendment Act, 1962. | UT of Goa, Daman and Diu |
| 1962 | Puducherry: French establishments (Pondicherry, Karaikal, Mahe, Yanam) ceded in 1954; constituted as a UT by the 14th Constitutional Amendment Act, 1962. | UT of Puducherry |
| 1963 | Nagaland: Created by bifurcating the Naga Hills and Tuensang area from Assam; became the 16th State (13th Amendment Act, 1962). | Nagaland (16th State) |
| 1966 | Punjab Trifurcation (Shah Commission): Punjab divided into Punjab (Punjabi-speaking), Haryana (Hindi-speaking, 17th State), and the UT of Chandigarh; hill areas merged with Himachal Pradesh. | Haryana (17th State) & UT of Chandigarh |
| 1971 | Himachal Pradesh Statehood: Upgraded from UT to full statehood; became the 18th State. | Himachal Pradesh (18th State) |
| 1972 | North-Eastern Reorganisation: Manipur (19th State), Tripura (20th State), and Meghalaya (21st State) created; Mizoram and Arunachal Pradesh created as UTs. | Manipur (19th), Tripura (20th), Meghalaya (21st) |
| 1975 | Sikkim Integration: Converted from associate state (35th Amendment) to full statehood (22nd State) via the 36th Constitutional Amendment Act, 1975. | Sikkim (22nd State) |
| 1987 | Mizoram, Arunachal Pradesh, Goa: Mizoram (23rd State, Mizoram Peace Accord), Arunachal Pradesh (24th State), and Goa separated from Daman & Diu to become the 25th State. | Mizoram (23rd), Arunachal (24th), Goa (25th) |
| 2000 | Three New States Created:<br>• Chhattisgarh (1 Nov 2000, from Madhya Pradesh, 26th State)<br>• Uttarakhand (9 Nov 2000, from Uttar Pradesh, 27th State)<br>• Jharkhand (15 Nov 2000, from Bihar, 28th State) | Chhattisgarh (26th), Uttarakhand (27th), Jharkhand (28th) |
| 2014 | Telangana Formation: Carved out of Andhra Pradesh via Andhra Pradesh Reorganisation Act, 2014; became the 29th State (on 2 June 2014). | Telangana (29th State) |
| 2019 | Jammu & Kashmir Reorganisation: Jammu & Kashmir Reorganisation Act, 2019 bifurcated the state into two Union Territories: UT of Jammu & Kashmir (with legislature) and UT of Ladakh (without legislature), reducing states to 28. | UT of J&K & UT of Ladakh |
| 2020 | Merger of UTs: Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 merged the two UTs into a single UT: Dadra and Nagar Haveli and Daman and Diu (effective 26 January 2020). | Single Merged UT |
🏛️ Current Territorial Tally (2026): India comprises 28 States and 8 Union Territories (Delhi, Puducherry, Jammu & Kashmir, Ladakh, Chandigarh, Dadra and Nagar Haveli & Daman and Diu, Andaman & Nicobar Islands, Lakshadweep).
High-Yield Prelims Elimination Traps
- ⚠️ Trap 1: Article 2 vs Article 3 Jurisdiction: Article 2 relates to admitting or establishing new States from territories that are NOT currently part of India (external admission). Article 3 relates to creating, altering, or bifurcating States from territories already part of India (internal reorganisation).
- ⚠️ Trap 2: State Legislature Consent is NOT Mandatory: Under Article 3, the President must refer the reorganisation Bill to the affected State Legislature for its views, but Parliament is NOT bound by the State Legislature's views and can pass the Bill even if the State rejects it.
- ⚠️ Trap 3: Cession vs Boundary Settlement: Ceding Indian territory to a foreign State requires a Constitutional Amendment under Article 368 (Berubari Union Case, 1960). However, settlement of an international boundary dispute does NOT require an amendment and can be done by Executive Action (Maganbhai Ishwarbhai Patel, 1969).
- ⚠️ Trap 4: Simple Majority for Reorganisation: Laws enacted under Article 2 and Article 3 to reorganise States or alter boundaries require only a Simple Majority in Parliament and are explicitly declared by Article 4(2) as NOT being amendments under Article 368.
- ⚠️ Trap 5: First Linguistic State: The first linguistic state was Andhra State created in October 1953 (by separating Telugu areas from Madras State), NOT Andhra Pradesh (which was created later on 1 November 1956 under the States Reorganisation Act).
Frequently Asked Questions (FAQs)
What is the difference between "Union of India" and "Territory of India"?
"Union of India" is a narrower legal term that includes only the 28 States that share federal powers with the Centre. "Territory of India" is a wider constitutional term under Article 1(3) that includes the territories of all 28 States, the 8 Union Territories, and any foreign territories that may be acquired by the Government of India in the future.
Can Parliament alter the name and boundary of a State without its consent?
Yes. Under Article 3, although the President must refer the State Reorganisation Bill to the concerned State Legislature for expressing its views within a specified period, Parliament is not bound by those views. Parliament can alter the area, boundary, or name of any State by a simple majority, making India an "Indestructible Union of destructible states".
Why was a constitutional amendment required for the Indo-Bangladesh Land Boundary Agreement?
In the landmark Berubari Union Case (1960), the Supreme Court ruled that Article 3 does not give Parliament the power to cede Indian territory to a foreign nation; cession of Indian territory can only be effected through a Constitutional Amendment Act under Article 368. Since the 2015 Land Boundary Agreement involved transferring 111 Indian enclaves to Bangladesh, the 100th Constitutional Amendment Act was enacted.
What were the key recommendations of the Fazal Ali Commission (1953)?
The Fazal Ali Commission (States Reorganisation Commission) accepted language as a major basis for the reorganisation of States, but firmly rejected the theory of "One Language, One State". It recommended abolishing the four-fold classification (Part A, B, C, D) and replacing it with 16 States and 3 Centrally Administered Territories, balancing linguistic homogeneity with national unity and administrative efficiency.
What is the current count of States and Union Territories in India?
As of 2026, India comprises 28 States and 8 Union Territories. The number of states became 28 following the reorganisation of Jammu and Kashmir into two UTs in 2019, and the number of UTs became 8 following the merger of Dadra & Nagar Haveli and Daman & Diu in January 2020.
Official References and Primary Sources
- Constitution of India (Part I: Articles 1 to 4) - Legislative Department - Official bilingual text of Part I and the First and Fourth Schedules.
- Supreme Court of India - Landmark Jurisprudence on Territory:
- In re: The Berubari Union and Exchange of Enclaves Reference, AIR 1960 SC 845 (Cession requires Article 368 amendment).
- Maganbhai Ishwarbhai Patel v. Union of India, 1969 (3) SCC 400 (Boundary dispute resolution via executive action).
- R.C. Poudyal v. Union of India, 1994 Supp (1) SCC 324 (Article 2 admission terms and Sikkim integration validity).
- India Code - 100th Constitutional Amendment Act, 2015 - Official text of the Land Boundary Agreement with Bangladesh.
- Ministry of Home Affairs - States Reorganisation Records - Historical records of the States Reorganisation Act 1956 and the J&K Reorganisation Act 2019.