Name and Territory of the Union
The Name and Territory of the Union form the foundational framework of the Constitution of India, as defined in Part I (Articles 1 to 4). These provisions establish the official name of the country, outline the structure of its federal system, and describe the composition and boundaries of its constituent units — the States, Union Territories, and any territories that may be acquired or reorganised. Together, they define the political and geographical identity of the Republic of India.
Constitutional Provision: Article 1
Article 1 of the Indian Constitution declares:
- “India, that is Bharat, shall be a Union of States.”
- The States and the territories thereof shall be specified in the First Schedule.
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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.
This article is of both symbolic and structural importance, as it defines the name of the country and establishes the federal character of its governance.
The Name: “India, that is Bharat”
The framers of the Constitution deliberately adopted a dual name — India and Bharat — reflecting both the historical and modern identities of the nation.
- “India” represents the country’s international and modern political identity, derived from the River Indus and used since ancient times by foreign civilisations.
- “Bharat” reflects the indigenous and civilisational heritage of the subcontinent, rooted in ancient Sanskrit texts like the Mahabharata and Puranas, where the term Bharata Varsha denoted the cultural land of the Bharata dynasty.
By adopting both names, the Constitution reconciled the traditional and contemporary dimensions of the Indian nation.
The Term “Union of States”
The expression “Union of States” was chosen deliberately instead of “Federation of States.” Dr B. R. Ambedkar, while explaining this phrase in the Constituent Assembly, clarified that:
- The Indian Union is not the result of an agreement among States, as in the case of countries like the United States of America.
- The States do not possess the right to secede from the Union.
- The Indian federation is indestructible, though the States can be reorganised or their boundaries altered by the Parliament.
Thus, India is a federal system with a unitary bias, meaning that while powers are divided between the Union and the States, the ultimate sovereignty lies with the Union.
The Territory of India
The territory of India is broader than the term Union of States. It encompasses not only the States but also the Union Territories and any territories that may be acquired in the future.
- States: These are constituent units with their own governments and legislative powers. The Constitution originally listed 27 States in 1950; subsequent reorganisations have altered their number.
- Union Territories: These are areas directly administered by the Central Government. Some Union Territories, such as Delhi and Puducherry, possess legislative assemblies with limited powers, while others are governed by Administrators or Lieutenant Governors.
- Acquired Territories: India’s territory may expand through acquisition by cession, occupation, or conquest, as per international law. For example, the territories of Goa (1961) and Puducherry (1954) were incorporated into India after independence.
The First Schedule of the Constitution
The First Schedule specifies the names of States and Union Territories and describes their territorial extent. This Schedule is dynamic and has undergone multiple amendments following the reorganisation of States.
The present composition (after the Jammu and Kashmir Reorganisation Act, 2019) includes:
- 28 States, and
- 8 Union Territories — Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.
Alteration of State Boundaries and Names (Articles 2–4)
The Constitution empowers Parliament to admit, establish, alter, or reorganise States and Union Territories through legislation. These powers are provided under Articles 2 to 4:
- Article 2: Parliament may admit into the Union or establish new States on such terms and conditions as it thinks fit. Example: The admission of Sikkim in 1975.
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Article 3: Parliament may by law:
- Form a new State by separation or merger;
- Increase or diminish the area of any State;
- Alter the boundaries or name of any State.However, the President must first refer the proposal to the concerned State Legislature for its views, though Parliament is not bound to accept them.
- Article 4: Provides that any law made under Articles 2 and 3 shall not be considered a constitutional amendment under Article 368, thereby allowing such changes through an ordinary legislative process.
Major Territorial Changes Since Independence
Several major territorial and administrative changes have occurred since 1950:
- 1956 – States Reorganisation Act: Redrew State boundaries based on linguistic lines; reduced States to 14 and Union Territories to 6.
- 1960 – Creation of Maharashtra and Gujarat: From the bilingual Bombay State.
- 1963 – Nagaland: Admitted as a State.
- 1971 – Himachal Pradesh: Granted statehood.
- 1972 – North-Eastern Reorganisation: Meghalaya, Manipur, and Tripura became full-fledged States.
- 1987 – Goa: Became the 25th State.
- 2000 – Formation of Chhattisgarh, Uttarakhand, and Jharkhand.
- 2014 – Formation of Telangana: The 29th State carved out of Andhra Pradesh.
- 2019 – Reorganisation of Jammu and Kashmir: The former State was bifurcated into the Union Territories of Jammu and Kashmir and Ladakh.
These reorganisations illustrate the flexibility of India’s territorial structure, allowing the Union to adapt to regional and linguistic aspirations.
Significance of the Territorial Provisions
The constitutional provisions related to the name and territory of the Union serve several vital purposes:
- They establish the unity and integrity of the Indian Union.
- They provide a legal basis for altering State boundaries and names without affecting national sovereignty.
- They ensure that the federal structure remains dynamic and responsive to the changing political and cultural needs of the country.
- They demonstrate the balance between national unity and regional diversity, which is a cornerstone of Indian federalism.