The Union and its Territories

The Union and its Territories

Union of States in India

Article 1: India as a Union of States

• Article 1 lays down that India, i.e., Bharat, shall be a Union of States. The Territory of India shall consist of:

  • The Territories of the States

  • The Union Territories specified in the First Schedule

  • Such other Territories as may be acquired

• Article 1 of the Constitution describes India as a Union of States, not as a federation of states.

• The  Union of India is not the result of an agreement, nor has any State the right to secede from it.

• The Federation is called a Union of States because it is indestructible.

• The Union Territories are not included in the 'Union of States'. Whereas the expression "Territory of India" includes the States, the Union Territories, and such other territories as may be acquired by India.

• The States and their territories are specified in the First Schedule to the Constitution.

• The Constitution empowers the Parliament the admit or establish new States.

Article 2: Admission of New States

• Article 2 provides that Parliament may by law admit new States into the Union of India or establish new States on such terms and conditions as it deems fit.

• The Parliament has admitted the French settlements of Pondicherry, Karaikal, Mahe, and Yenam, the Portuguese settlements of Goa, Diu, and Daman, and Sikkim, etc. into India after independence.

Article 3: Formation of New States

• Article 3 of the Constitution empowers the Parliament to form a new State by altering the boundaries of existing States.

Jammu & Kashmir and Ladakh

The Jammu and Kashmir Reorganisation Act, 2019, was enacted (MHA, SO No. 3979(E) dated November 2, 2019) to provide for the reorganisation of the erstwhile state of Jammu and Kashmir into the two union territories, one to be eponymously called Jammu and Kashmir and the other Ladakh.

Accordingly, the "State Legislature, including Legislative Council of the State" has been abolished and shall now onwards be construed as "Legislative Assembly of the Union Territory of Jammu and Kashmir".

The UT occupies 19th rank in the country in population, as per the 2011 census. It has two distinct regions, viz., Kashmir and Jammu, comprising 20 districts and 6,431 villages. 

• LG (Lieutenant Governor) of J & K: Sri Girish Chandra Murmu (first-ever), Sri Manoj Sinha (second)

• LG (Lieutenant Governor) of Ladakh: Shri Radha Krishna Mathur (first-ever)

Merger of Daman & Diu and Dadra & Nagar Haveli UTs

• The Parliament on December 3, 2019, passed a bill to merge two Union Territories: Daman and Diu, and Dadra and Nagar Haveli into one unit.

• The Rajya Sabha passed the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 20,1,9 through a voice vote.

• The Lok Sabha had already passed the bill on November 27, 2019.

• The merged UT will be named Dadra and Nagar Haveli and Daman and Diu with HQ: Daman.

Final Thought

The Union of India is firmly established under Articles 1, 2, and 3, ensuring a cohesive political structure where States cannot secede. The Constitution distinguishes between States and Union Territories, giving Parliament the power to admit or reorganize States.

The reorganization of Jammu & Kashmir and Ladakh and the merger of Daman & Diu with Dadra & Nagar Haveli highlight the Constitution’s flexibility in addressing administrative needs. These provisions ensure India remains an indestructible Union of States, balancing unity with administrative adaptability, with the First Schedule specifying State boundaries.

The Jammu & Kashmir Legislative Council, the upper house of the State Legislature, was already abolished on October 17, 201,9, as per section 57 of the J & K Reorganisation Act, 2019, which reorganised the State into two Union Territories: Jammu & Kashmir and Ladakh.

The new UT of Ladakh consists of two districts: Kargil and Leh.