The Heart of India: Union and Its Boundless Territories 1300 Words
This part of the Indian Constitution mentions the concept of Union and its Territory in India. In this section, the geographical boundaries of the country have been discussed, along with how states and union territories can be divided and the framework through which the administration of such territories would be carried out. Below is a detailed account of Union and its Territory based on the Indian Constitution.
Union of India – The Concept Definition:-
The Union of India refers to the geographical boundaries of India and its sovereignty, which encompasses all the states and union territories. The term “Union” signifies that the Indian state is a union of states, and no part of the country can be separated except through legal and constitutional provisions.
Sovereignty and Integrity:-
India’s sovereignty is not to be divided. The Union being superior, cannot share the center with the states. India has followed the pattern of a centralized regime. Through it, the Centre retains almost significant powers over the states; especially in subjects concerning the Union, emergency or where a state itself lacks its capacities of running its own administration.
Territorial Extent of the Union
Territory Defined (Article 1):-
The territory of India is divided into three major parts;
States: The states are the primary political units of the Union, and each state has its separate government, legislature, and area.
Union Territories: The Union Territories (UTs) are areas which are not fully autonomous like a state and are directly under the administration of the central government, though some can have legislatures.
Acquired Territories: All such territories which India may hereafter acquire will form part and parcel of the Union in the event they are added into the Constitution according to legal formalities.
Partition of India into States and Union Territories
States:-
India has 28 states. The states have been categorized based on different linguistic, cultural, and historical aspects. States have their respective governments, constitutions, and the powers of legislation under Article 246 of the Constitution. According to Article 3 of the Constitution, the creation of states and the power of the Union are governed regarding the division of states.
Union Territories:-
There are 8 Union Territories in India. These territories are under direct administration of the Central Government and some have legislative assemblies while others do not. They comprise of:
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli and Daman and Diu
Lakshadweep
Delhi (National Capital Territory of Delhi, NCT)
Puducherry
Ladakh
Lakshadweep
New States and Union Territories
Power to Create New States (Article 3):-
The Indian Constitution gives the power to the Parliament to create new states or Union Territories. It can alter the boundaries of existing states or merge them. It requires a Bill to be introduced in Parliament, which has to be passed by both Houses.
Historical Changes:-
The Political landscape of India has changed from time to time. The States Reorganisation Act, 1956 reorganised the states along linguistic lines. Much recently, Telangana carved out of Andhra Pradesh in 2014; and Jammu & Kashmir reorganised in 2019 into Union Territories
Special Provisions for Certain States
Article 370 and Jammu & Kashmir:-
Till 2019, Jammu and Kashmir was given special status under Article 370 of the Constitution. It had its own constitution till 2019 when the article was abrogated, and Article 370 defined the relation of the State with the Union.
Northeastern States:-
There are some special provisions for the northeastern states, such as Nagaland and Mizoram, due to their ethnic composition and historical reasons. The Constitution empowers the President to confer special privileges upon these states in regard to specific matters of governance.
Union Territories with Legislative Assemblies
The NCT is special since this comprises Delhi as a Union territory though at it has its Legislative Assembly of its own but with having Chief Minister. Still in the matters concerning ‘law and order’, Police, and Land, it is keeping with itself major aspects of management.
Puducherry:-
Puducherry is another Union Territory which also has its own Legislative Assembly and a Chief Minister. However, like Delhi, the Union government exercises control over certain matters.
Governor and Lieutenant Governor
In the case of Union Territories with a legislature, such as Delhi and Puducherry, the President of India appoints a Lieutenant Governor (LG) to act as a representative of the Union government. The LG comes with executive authority but such power is very often brought under the purview of the state legislature.
In case the Union Territories do not possess a legislature, the administration of the President is performed directly through an Administrator or a Lieutenant Governor.
Emergency Provisions
Article 352 National Emergency the Union government can declare national emergency if the security of India or a part of its territory is threatened. During the national emergency, the Union government can assume total control over the state governments and there is a change in the balance of power between the Union and the states.
Article 356: President’s Rule:-
President may disintegrate the state government and himself take charge of the administration of any state under article 356 if the said state is unable to run its affairs in accordance with the Constitution. This can also be called “President’s Rule.”
Princely States Integration and Accession to the Union
Integration post-Independence:-
With the independence in 1947, India emerged as a conglomeration of British colonies and princely states. Integration of the states was, therefore, carried out by then Home Minister, Sardar Vallabhbhai Patel, through the Instrument of Accession where the states joined the Union by acceding thereto and through the making of legal provisions in that regard under the Indian Independence Act and subsequent constitutional arrangements.
Provisions Concerning Territory
Article 1: “India, that is Bharat, shall be a Union of States.” This deceptively simple sentence forms the framework of territorial space in India.
Article 2: This grants parliament powers to admit new states to the Union.
Article 3: This article has to deal with the forming of new states, alteration, or change of boundaries of states.
Territorial Integrity and Protection
Indivisibility of the Country:-
The Union of India is indivisible, and its territorial integrity cannot be compromised. Though states may have their powers, sovereignty and territorial integrity of India are paramount.
Judicial Review:-
It is above all the judiciary in India, including the Supreme Court that had played an important role in deciding issues relating to the Union and its territories. Matters concerning the reorganisation of states, legal status of the Union Territories, and power of the Union vis-a-vis the states have had judicial interpretation.
Impact of Union and Territory on Governance
It makes defense, foreign affairs, and national security uniform and the same in all parts of the country. The powers are, therefore exercised by the Union on the one hand. On the other hand, the authority in matters like education, health care, and local police falls upon the states.
Fiscal Federalism The Union government has the right to taxation power, while the states require financial support from the center for working. This takes place to be fiscal federalism where the rule of center and regional autonomy play around with each other.
Conclusion
The Union and its Territory form the basic body for the working of India’s federal setup. Though states, as constituent entities with their own identities and powers, the central government still has control over some critical functions to ensure the unity and sovereignty of the country. The dynamic political map of India with new states and Union Territories is yet again a reflection of the nation’s ability to respond without compromising territorial integrity and governance.
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