Union and its Territory - Questions and Answers

ANSWER: Gujarat

Explanation:

• Though there was large-scale reorganization of the states in 1956 as per the Fazl Ali Commission, the political map of India changed continuously due to the pressure of popular agitations and political conditions.
• The demand for the creation of some more states based on language or cultural homogeneity resulted in the bifurcation of existing states.


• Maharashtra and Gujarat-

1. In 1960, the bilingual state of Bombay was divided into two separate states-Maharashtra and Gujarat.
2. Maharashtra was for Marathi-speaking people and Gujarat was for Gujarati-speaking people.
3. Gujarat was became the 15^th state of the Indian Union.


• Dadra and Nagar Haveli-

1. Portuguese ruled this territory till 1954.
2. Till 1961, the administration was carried on by an administrator chosen by the people themselves.
3. It became a union territory of India by the 10thConstitutional Amendment Act, 1961.


• Goa, Daman and Diu-

1. India acquired these 3 territories from the Portuguese by means of a police action in 1961.
2. They were considered as a union territory by the 12^th Constitutional Amendment Act, 1962.
3. In 1987, Goa was conferred a statehood (Goa, Daman and Diu Re organisation Act, 1987).
4. And Daman and Diu was made a separate union territory.


• Puducherry-

1. The territory of Puducherry comprises of Puducherry, Karaikal, Mahe and Yanam, all of which were former French establishments in India.
2. The French handed over this territory to India in 1954.
3. Subsequently, it was administered as an ‘acquired territory’.
4. In 1962, it was made a union territory by the 14^th Constitutional Amendment Act.


• Nagaland-

1. In 1963, the Nagaland was formed by taking the Naga Hills and Tuensang area out of the state of Assam (State of Nagaland Act, 1962; came into effect from December 1, 1963).
2. This was to satisfy the movement of the hostile Nagas.
3. But before making Nagaland the 16^th state, it was placed under the control of governor of Assam in 1961.

ANSWER: Shah Commission

Explanation:

• Punjab, Chandigarh, Haryana and Himachal Pradesh-

1. There was a demand for a separate ‘Sikh Homeland’ (Punjabi Subha) raised by the Akali Dal under the leadership of Master Tara Singh.
2. On the recommendation of the Shah Commission (1966), the punjabi- speaking areas of State of Punjab were combined into a unilingual state of Punjab, the Hindi-speaking areas were merged into the State of Haryana and the hill areas were merged with the neighboring union territory of Himachal Pradesh.
3. In 1966, Punjab gave rise to Haryana, the 17^th state of the Indian Union, and the union territory of Chandigarh.
4. In 1971, the union territory of Himachal Pradesh was made the 18th state of the Indian Union.


• Manipur, Tripura and Meghalaya-

1. In 1972, Union Territories of Manipur and Tripura and the Sub-State of Meghalaya became states (North-Eastern Areas (Reorganisation) Act, 1971, with effect from January 21, 1972).
2. Also, the two union territories of Mizoram and Arunachal Pradesh (originally known as North-East Frontier Agency-NEFA) came into being.
3. Total states of the Indian Union became 21.
4. Manipur was 19^th, Tripura 20^thand Meghalaya 21^st.
5. The 22^nd Constitutional Amendment Act of 1969 created Meghalaya as an ‘autonomous state’ or ‘sub-state’ within the state of Assam.
6. It had its own legislature and council of ministers.
7. The union territories of Mizoram and Arunachal Pradesh were also carved out of the territories of Assam.

ANSWER: 36

Explanation:

• Sikkim-

1. Till 1947, Sikkim was an Indian princely state ruled by Chogyal.
2. In 1947, on the lapse of British paramountcy, Sikkim became a ‘protectorate’ of India.
3. Indian Government assumed responsibility for the defence, external affairs and communications of Sikkim.
4. In 1974, Sikkim wanted greater association with India.
5. 35thConstitutionalAmendment Act (1974) was enacted by the parliament.
6. This amendment introduced a new class of statehood under the constitution by conferring on Sikkim the status of an ‘associate state’ of the Indian Union.
7. A new Article 2A and a new schedule (Tenth Schedule describing the terms and conditions of association) were inserted in the Constitution. This experiment did not last long.
8. In a referendum held in1975, people of Sikkim voted for the abolition of the institution of Chogyal and Sikkim becoming an integral partof India.
9. So, the 36^th Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state).
10. This amendment amended the First and the Fourth Schedules to the Constitution and added a new Article 371-F to provide for certain special provisions with respect to the administration of Sikkim.
11. It repealed Article 2A and the Tenth Schedule that were added by the 35th Amendment Act of 1974.


• Mizoram, Arunachal Pradesh and Goa-

1. In 1987, three new States of Mizoram, Arunachal Pradesh and Goa came into being as the 23^rd, 24^thand 25^thstates of the India respectively.
2. The Union Territory of Mizoram was conferred the status of a full state as a sequel to the signing of a memorandum of settlement (Mizoram Peace Accord) in 1986 between the Central government and the Mizo National Front, ending the two-decade-old insurgency.
3. Arunachal Pradesh had also been a union territory from 1972.
4. The State of Goa was created by separating the territory of Goa from the Union Territory of Goa, Daman and Diu.

ANSWER: 1, 2

Explanation:

• Chhattisgarh, Uttarakhand and Jharkhand-

1. In 2000, 3 new States of Chhattisgarh, Uttarakhand and Jharkhand were created out of Madhya Pradesh, Uttar Pradesh and Bihar, respectively.
2. They were the 26^th, 27^th and 28^th states of India, respectively.
3. Total number of states and union territories increased from 14 and 6 in 1956 to 28 and 7 in 2000, respectively.

• Change of Names-

1. The United Provinces was the first state to have a new name. It was renamed ‘Uttar Pradesh’ in 1950.
2. In 1969, Madras was renamed ‘Tamil Nadu’.
3. In 1973, Mysore was renamed ‘Karnataka’.
4. In 1973, Laccadive, Minicoy and Amindivi Islands were renamed ‘Lakshadweep’.
5. By the 69^th Constitutional Amendment Act, 1991, in 1992, the Union Territory of Delhi was re-designated as the National Capital Territory of Delhi (without being conferred the status of a full-fledged state).
6. In 2006, Uttaranchal was renamed as ‘Uttarakhand’.
7. In 2006, Pondicherry was renamed as ‘Puducherry’.
8. In 2011, Orissa was renamed as ‘Odisha’.

ANSWER: All of the above

Explanation:

• After creation of Andhra Pradesh, the demand from other regions for creation of states on linguistic basis increased.
• The Government of India in December 1953, appointed a three-member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question.
• Its other two members were K M Panikkar and H N Kunzru.
• Its report submitted in September 1955, broadly accepted language as the basis of reorganization of states, but rejected the concept of ‘one language–one state’.
• It said that the unity of India should be the primary consideration in any redrawing of the country’s political units.

It identified 4 major factors to be taken into account in any scheme of reorganisation of states :

1. Preservation and strengthening of the unity and security of the country.
2. Linguistic and cultural homogeneity.
3. Financial, economic and administrative considerations.
4. Planning and promotion of the welfare of the people in each state as well as of the nation.


• The commission recommended removal of the four-fold classification of states under the original Constitution and creation of 16 states and 3 centrally administered territories.
• The Government of India accepted these recommendations with certain minor modifications.
• The States Reorganisation Act (1956) and 7^th Constitutional Amendment Act (1956), abolished distinction between Part-A and Part-B states and completely abolished Part-C states.
• Some of them were merged with adjacent states and some other were designated as union territories.
• Thus, 14 states and 6 union territories were created on November 1, 1956.

ANSWER: 2, 3

Explanation:

• The Indian Independence Act (1947) gave three options to the princely states viz., join India or Pakistan or remain independent.
• Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
• However, in course of time,they too were integrated with India.
• Hyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of Accession.
• In 1950, the Constitution had a four-fold classification of the states (total 29) of the Indian Union-Part A, Part B, Part C and Part D State.
• Part-A states were nine erstwhile governor’s provinces of British India.
• Part-B states were nine erstwhile princely states with legislatures.
• Part-C states (total 10) were erstwhile chief commissioner’s provinces of British India and some of the erstwhile princely states and were centrally administered.
• The Andaman and Nicobar Islands were kept as the solitary Part-D state.
• The integration of princely states with the rest of India was purely an adhoc arrangement.
• There was also demand from different regions, particularly South India, for reorganisation of states on linguistic basis.
• So, in June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S K Dhar to examine the possibility of it.
• The commission submitted its report in December 1948 and recommended administrative convenience as basis of reorganisation of states rather than linguistic factor.
• This created resentment and led to the appointment of another Linguistic Provinces Committee by the Congress in December1948 itself to examine the whole question afresh.
• It consisted of Jawaharlal Nehru, Vallahbhai Pateland Pattabhi Sitaramayya and hence, was popularly known as JVP Committee.
• It had no chairman or convener. It submitted its report in April 1949 and formally rejected language as the basis for reorganisation.
• However, a prolonged popular agitation and the death of Potti Sriramulu, a Congress person of standing, after a 56-day hunger strike for the cause forced the government in October 1953, to create the first linguistic state,known as Andhra state, by separating the Telugu speaking areas from the Madras state.

ANSWER: Neither 1 nor 2

Explanation:

• Article 3 authorizes the Parliament to :

(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,
(b) increase the area of any state;
(c) diminish the area of any state;
(d) alter the boundaries of any state; and
(e) alter the name of any state.


• However, a bill regarding the above changes can be introduced in the Parliament only with the prior recommendation of the President.
• Also, before recommending the bill, the President must refer the same to the state legislature concerned for expressing its views within a specified period.
• The President (or Parliament) is not bound by the views of the state legislature and may either acceptor reject them, even if the views are received in time.
• Further, it is not required to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament. In case of a union territory, no reference need be made to the concerned legislature.
• Parliament can itself take any action as it deems fit.
• Also, the Parliament can form new states or union territory by uniting a part of any state or union territory to any other state or union territory (By 18^th Constitutional Amendment Act, 1966).
• Parliament can redraw the political map of India according to its will without the state consent.
• Thus, 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’.
• The Union government can destroy the states whereas the state governments cannot destroy the Union.
• In USA, the territorial integrity of a state is guaranteed by the Constitution.
• The American Federal government cannot form new states or alter the borders of existing states without the consent of the states concerned. Hence USA is described as ‘an indestructible union of indestructible states.’
• Article 4 declares 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 Articles 3) are not to be considered as amendments of the Constitution under Article 368.
• This means that such laws can be passed by a simple majority and by the ordinary legislative process.
• The decision of the Central government to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to controversy and necessitated the Presidential reference in 1960 to the Supreme Court.
• The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country.
• Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.
• The 9^th Constitutional Amendment Act (1960) was enacted to transfer the said territory to Pakistan.
• Supreme Court in 1969 also ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment.
• It can be done by executive action as it does not involve cession of Indian territory to a foreign country.

ANSWER: Only 2

Explanation:

• 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.

ANSWER: Only 1

Explanation:

• Notably, the ‘Territory of India’ is a wider expression than the ‘Union of India’ because Union includes only states while Territory includes not only the states but also union territories and territories that may be acquired by the Government of India in future.
• The states share powers with the Centre.
• The union territories and the acquired territories are directly administered by the Central Government.
• Being a sovereign state, India can acquire foreign territories as per the modes recognized by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation(hitherto unoccupied by a recognized ruler), conquest or subjugation.
• For example, India acquired several foreign territories such as Dadra and Nagar Haveli; Goa, Daman and Diu; Puducherry; and Sikkim since the commencement of the Constitution.
• Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’.

Article 2 grants two powers to the Parliament :

1. the power to admit into the Union of India new states; and
2. the power to establish new states.


• The first refers to the admission of states which are already in existence while the second refers to the establishment of states which were not in existence before.
• Article 2 relates to the admission or establishment of new states that are not part of the Union of India.