What comprises territory of India?
Q. Which of the following sentences is/are true?
1) The provisions of the Constitution related to the states are applicable to all the states.
2) Articles 1 to 4 of the Constitution deal with the Union and its territory.- Published on 17 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.
- As per Article 1, the territory of India includes :
(a) Territories of the states
(b) Union territories
(c) Territories that may be acquired by the Government of India at any time.
- First Schedule has the names of states and union territories and their territorial extent.
- Currently, there are 29 states and 7 union territories.
- Article 1 describes India, that is, Bharat as a ‘Union of States’.
- Constituent Assembly had to adopt a mix of both (‘India, that is, Bharat’) as there was unanimity regarding the traditional or the modern name.
- India is ‘Union’ although its Constitution is federal in structure.
- According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons - one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation.
- The federation is an Union because it is indestructible.
- The country is an integral whole and divided into different states only for the convenience of administration.
- The provisions of the Constitution related to the states are applicable to all the states (except Jammu and Kashmir)equally.
- J&K has a special provision (Article 370) for itself in the Constitution and it has its own constitution.
- However, the special provisions (under Part XXI) applicable to some states override the general provisions relating to the states as a class.
- Fifth and Sixth Schedules contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states.
