Constitutional Provisions and Philosophical Basis

To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of Union and Territories. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Union and Territories and related topics are extremely important for the UPSC Exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Union and Territories. This article will provide you with relevant details about the Constitutional Provisions and Philosophical Basis.

• 1 to 4, Part I – Deals with The Union and its territory

• Schedule – 1 – Names of the States and their territorial jurisdiction.
• 1 reads – India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.
• This provision deals with two things: –

1. 1. Name of the country – India that is Bharat
   2. Type of polity – Union of States

• “India” and “Bharat” these two names in 1 is compromise between two divergent opinions. Some members suggested the “Bharat”, while other advocated the modern name “India”. Pertaining to this, Constituent Assembly had to adopt a mix of both (“India, that is, Bharat”)
• The phrase “Union of States” has been preferred to “Federation of States” for two reasons:

1. 1. The Indian Federation is not the result of an agreement among the states like the American Federation
   2. The states have no right to secede from the federation.

• The federation is a Union because it is indestructible. The country is an integral whole and divided into different states only for the convenience of administration.

• According to 1, the territory of India can be classified into three categories:

1. 1. Territories of the states
   2. Union territories
   3. Territories that may be acquired by the Government of India at any time.

• ‘Territory of India’ – Wider expression as it includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.
• States à The states are the members of the federal system and share distribution of powers with the Centre.
• Union Territories –  Directly administered by the Central government.
• Acquired Territories – Directly administered by the Central government. Being a sovereign state, India can acquire foreign territories according to the modes recognised by international law – Cession, Occupation, Conquest or Subjugation.
• ‘Union of India’ – Narrower expression as it includes only states.
• Present status (as of 2020) – There are 28 states and 9 union territories.
• Fifth and Sixth Schedules contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states.
• 2 – Relates to the admission or establishment of new states that are not part of the Union of India. Empowers the PARLIAMENT to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’.
• 2 accords two powers to the Parliament: –

1. 1. the power to admit into the Union of India new states (already in existence)
   2. the power to establish new states (not in existence before)

• 2 deals with external re-adjustment of the territories of the constituent states of the Union of India.
• 3 – Relates to the formation of or changes in the existing states of the Union of India.
• 3 deals with the internal re-adjustment interest of the territories of the constituent states of the Union of India