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Article 1 of the Indian Constitution: Name and Territory of the Union

Part: I
Shorthand Notes: Article 1 establishes India as a 'Union of States,' defines its territory (comprising states, Union Territories, and acquired territories), and refers to the First Schedule for the list of states and UTs. It signifies an indestructible union of destructible states.

Article 1 of the Constitution of India is a foundational provision that defines the name of the country and the nature of its polity, as well as the extent of its territory. It is contained in Part I of the Constitution, titled “The Union and its Territory.”

Text of Article 1

The article reads as follows:

  1. (1) India, that is Bharat, shall be a Union of States.
  2. (2) The States and the territories thereof shall be as specified in the First Schedule.
  3. (3) The territory of India shall comprise –
    • (a) the territories of the States;
    • (b) the Union territories specified in the First Schedule; and
    • (c) such other territories as may be acquired.

Detailed Explanation

Let’s break down each clause of Article 1:

Clause (1): “India, that is Bharat, shall be a Union of States.”

  • Name of the Country: This clause officially declares the name of the country as “India” and “Bharat.” The Constituent Assembly debated various names, and this dual nomenclature was adopted to acknowledge both the contemporary international name (“India”) and the historical, traditional name (“Bharat”).
    • The use of “that is” signifies that the two names are synonymous and equally valid.
  • Nature of Polity - “Union of States”:
    • This phrase is crucial. The drafting committee, chaired by Dr. B.R. Ambedkar, deliberately chose “Union of States” over “Federation of States.”
    • Reasons for choosing “Union of States”: 1. Indestructible Union: It signifies that the Indian Union is not the result of an agreement among the states (unlike the American federation, where states came together to form a union). Consequently, no state has the right to secede from the Union. The Union is indestructible. 2. Administrative Convenience: While the country is federal in structure (with division of powers between the Centre and States), the term “Union” was preferred to emphasize its indivisible nature. Dr. Ambedkar clarified that “Federation” implies an agreement, and thus, the right to secede, which was not the intention for India.
    • This means that while states may be reorganized, their boundaries altered, or new states formed (as per Article 3), the Union itself remains permanent and cannot be broken.

Clause (2): “The States and the territories thereof shall be as specified in the First Schedule.”

  • Reference to the First Schedule: This clause links Article 1 directly to the First Schedule of the Constitution.
  • The First Schedule lists:
    • The names of the States of the Indian Union.
    • The territories that each State comprises.
  • Dynamic Nature: The First Schedule is not static. Parliament has the power to amend it under Article 3 and Article 4 of the Constitution to form new states, alter the areas, boundaries, or names of existing states. This means the number of states and their specific territories can change over time through constitutional processes.

Clause (3): “The territory of India shall comprise – (a) the territories of the States; (b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired.”

  • Scope of “Territory of India”: This clause defines the full geographical extent of India. It is a broader concept than the “Union of India.”
    • “Union of India” (as implied by Article 1(1)) primarily refers to the states that are members of the federal system and share in the distribution of powers.
    • “Territory of India” is more comprehensive and includes:
      • (a) The territories of the States: As listed in the First Schedule.
      • (b) The Union territories specified in the First Schedule: These are territories directly administered by the Central Government (e.g., Delhi, Puducherry, Andaman and Nicobar Islands). The First Schedule also lists these Union Territories and their extent.
      • (c) Such other territories as may be acquired by India: This provision allows India to expand its territory through legally recognized means.
  • Acquisition of Territories: India can acquire new territories in various ways recognized by international law, such as:
    • Cession: When a territory is voluntarily transferred by another state (e.g., Puducherry, Karaikal, Yanam, and Mahe were ceded by France).
    • Occupation: If a territory is uninhabited and not under the sovereignty of any other state.
    • Conquest or Subjugation: Though less common in modern international relations.
    • Lease, purchase, or gift.
    • Accretion: New land formed by natural causes.
  • Once acquired, such territories become part of the territory of India and can be administered as Union Territories or incorporated into existing states by Parliament. For example, Sikkim was acquired and later became a full-fledged state of India. Goa, Daman, and Diu were acquired from Portuguese rule.

Important Notes and Comments

  1. Sovereignty and Territorial Integrity: Article 1 underscores India’s sovereignty and its territorial integrity. The power to acquire and cede territory is an inherent attribute of a sovereign state. However, the Supreme Court in the Berubari Union case (1960) held that ceding Indian territory to a foreign country requires a constitutional amendment under Article 368, as it involves an alteration of the territory of India not covered by Article 3 (which deals with internal readjustment of territories of states).
  2. Flexibility in Internal Reorganization: While the Union is indestructible, the states are not. Parliament has the power under Article 3 to:
    • 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.
    • Increase the area of any State.
    • Diminish the area of any State.
    • Alter the boundaries of any State.
    • Alter the name of any State. This highlights the Indian Parliament’s significant power to redraw the political map of India internally.
  3. Distinction between “Union of India” and “Territory of India”:
    • Union of India: Includes only the States which enjoy the status of being members of the federal system and share a distribution of powers with the Union.
    • Territory of India: Is a wider expression that includes not only the States but also Union Territories and any territories that may be acquired by India at any future time. The Union Government has direct control over Union Territories and acquired territories (unless they are constituted into new states).
  4. Constituent Assembly Debates: The choice of “India, that is Bharat” and “Union of States” was a result of extensive debates reflecting diverse opinions on national identity and the nature of the Indian federation. The final wording aimed for a compromise that acknowledged both historical roots and modern realities, emphasizing unity and a strong central authority.
  5. Implications for Federalism: The term “Union of States” rather than “Federation of States” along with provisions like Article 3 (allowing Parliament to alter state boundaries without their consent beyond a certain procedural requirement of referring the bill to them for expressing views) indicates a federal system with a strong unitary bias. This structure was deemed necessary for maintaining the unity and integrity of a diverse nation.

This article is fundamental to understanding the territorial framework and the nature of the Indian state as envisioned by the Constitution makers.
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