Professional Documents
Culture Documents
TOPIC
2-
THE
UNION
AND
ITS
TERRITORY
Article
1:
States-‐
India,
that
is
Bharat,
shall
be
a
Union
of
States.
The
territory
of
India
shall
comprise
of
the
following:
a) The
territories
of
the
States;
b)
The
Union
territories
and
c) Such
other
territories
as
may
be
acquired.
Note:
Article
1(3)
c
will
also
cover
acquisition
of
foreign
territories
by
India
through
legal
means.
Article
3:
Lays
down
the
conditions
for
formation,
alteration
of
areas,
boundaries
and
names
of
States
as
follows-‐
Proviso-‐
The
Bill
for
the
above
purposes
shall
be
introduced
in
either
House
of
Parliament
only
on
the
recommendation
of
the
President.
And
if
the
proposal
affects
the
area,
boundaries
or
name
of
any
State,
the
Bill
has
to
be
referred
by
the
President
to
the
concerned
State
Legislature
for
expressing
its
views
thereon
within
such
period
as
may
be
specified
in
the
reference
or
within
the
period
further
allowed
by
the
President.
(this
proviso
is
not
applicable
to
UT)
Note:
On
the
expiration
of
such
period,
the
Bill
shall
be
presented
before
the
Parliament
immaterial
of
the
nature
of
views
expressed
by
the
State
legislature.
In
other
words,
Parliament
is
not
bound
to
accept
or
act
upon
the
views
of
the
State
Legislature.
1
in
India,
amounts
to
a
cession
of
a
part
of
the
territory
of
India
in
favour
of
Pakistan;
can
be
implemented
only
by
an
amendment
under
Article
368
of
the
Constitution.
Parliament
may,
however,
if
it
so
chooses,
pass
a
law
amending
Article
3
so
as
to
cover
cases
of
cession
of
the
territory
of
India
in
favour
of
a
foreign
State.
If
such
a
law
is
passed
then
Parliament
may
be
competent
to
make
a
law
under
the
amended
Article
3
to
implement
the
agreement
in
question.
On
the
other
hand,
if
the
necessary
law
is
passed
under
Article
368
itself
that
alone
would
be
sufficient
to
implement
the
agreement.
After
receipt
of
the
Advisory
Opinion
of
the
SC,
the
Parliament
passed
the
Constitution
(Ninth
Amendment)
Act,
1960
to
give
effect
to
the
Indo-‐Pak
Agreement.
2