India: A Union of States

The Constitution of India defines the country as a "Union of States," officially named "India, that is Bharat." The text outlines the fundamental principles governing the formation and structure of India's federal system.

• The First Schedule specifies the States and Union territories that comprise the Union of India.
• The territory of India includes the territories of the States, Union territories listed in the First Schedule, and any additional territories acquired over time.

Formation of New States

The Constitution grants Parliament the power to create new States through a process of separation of territory, uniting existing States, or uniting a territory with a part of a State.

• Parliament has the authority to establish new States by separating territory from existing States or uniting two or more States.
• The process of forming a new State involves outlining the terms and conditions for its admission or establishment.

Amendment of States

The Constitution provides mechanisms for altering the territorial boundaries, names, and areas of existing States.

• Parliament can increase or decrease the area of a State, alter its boundaries, or change its name.
• The process of altering a State's characteristics requires the recommendation of the President and, if the proposal affects the area, boundaries, or name of a State, the views of the State's Legislature must be sought.

The Role of Parliament

Parliament plays a central role in shaping India's Union and its territory.

• Parliament has the power to enact laws to implement changes related to the formation of new States, the alteration of existing States, and the amendment of the First and Fourth Schedules of the Constitution.
• These laws may include provisions for representation in Parliament and in the State Legislatures affected by the changes.

Union Territories

The Constitution recognizes the existence of Union territories, which are administered directly by the central government.

• Union territories are included in the definition of "State" for certain purposes but excluded for others, such as the proviso related to the amendment of a State's area, boundaries, or name.
• Parliament has the authority to form a new Union territory by uniting a part of any State or Union territory with another State or Union territory.

Amendments and the Constitution

The Constitution provides for amendments to its provisions, including those related to the Union and its territory.

• Laws enacted by Parliament to implement changes to the First and Fourth Schedules are not considered amendments to the Constitution for the purpose of Article 368, which governs the process of constitutional amendments.