Sunday, April 25, 2021

Part I - Union and Its Territory | Article 1 to 4 | Constitution of India | Polity Notes for UPSC

 INTRODUCTION

  • Part-I, that is from Article-1 to Article-4, consists of laws pertaining to the constitution of India as a country and the union of states that it is made up of.
  • This part contains laws regarding the establishment, renaming, merging or altering border of states.

Article 1

  • Article 1(1) : India, that is Bharat, shall be a Union of States.
    • Naming the nation :
      • So official names are India and Bharat.
      • Names rejected by constituent assembly : Hindustan, Aryavrat, Jambudeep etc.
      • Reason for the rejection of these names given by constituent assembly : These names doesn't reflect the values like secularism and diversity. Such names are referring to particular religion, race or place. Hence it is not in-line with the values of constitution.
      • The name India was already registered in international organisations and was constantly used while making treaties with other countries
      • The name Bharat has historical significance. Bharat was an emperor who had ruled the whole India, including south-Indian region as well. So this name respect and represents the diversity. It also declares India as an ancient civilisation. So it was acceptable to all and hence represents the unity, another important value of our constitution.
  • Article 1(2) : The States and the territories there of shall be as specified in the First Schedule of Indian Constitution.
  • Article 1(3) : Territory of India shall comprise :
    • (a) The territories of States.
    • (b) The Union Territories specified in the First Schedule
    • (c) Such other territories as may be acquired.
  • India is indestructible union of destructible states.

Instead of Federation, Why we went for Union?

Here are some important reasons quoted by Dr. B R Ambedkar :
  • The word Federalism provides the sense that the State/Nation is an outcome of independent treaties among states. For example : USA was formed because of independent treaties among its various states. But India is formed differently. By 1947, India got independence and unified territories were divided into states. So the word Union is looking to provide an impression that India was always a "one nation" and 1947 was merely a declaration of independence from British rule rather than formation of India. 
  • The word Federalism also represents the idea that states are more powerful than centre. India always has the challenge of nation building process because of diversity. In case of federalism, states have equal or more power as compare to centre. So there is a chance of states demanding for separation. We are looking forward to consolidate our nation building process, to eliminate separatist power, to make India a modern nation. So for this purpose, it was required for us to avoid drawbacks of federalism at this stage. 

Article 2

  • Admission or Establishment of New States.
  • It says that the Parliament may, by law, admit into the Union or establish new states on such terms and conditions as it deems fit.
  • So Article-2 basically allows parliament to incorporate any acquired territory under Article-1(3)(c) into the State as a union territory or state.

Article 3

  • This article is mainly related to:
    • Formation of new state
    • changing boundaries of states
    • changing names of states
  • Standard procedure :
    • President recommends the bill related to Article-3. Without his prior recommendation, no bill related to Article-3 can be introduced in the Parliament.
    • After his recommendation, bill will be introduced in the Parliament by any Minister/MP (mostly minister) either from Rajya Sabha or Lok Sabha, not by President himself.
    • At the same time, President sends this bill for advise of concerned state, though the advice of concerned state isn't binding to the President. Although it is mandatory for the President to communicate with the concerned state because without that, the bill is considered to be incomplete/unconstitutional.
    • Then the bill is debated over and passed by both the houses of the Parliament and sent again for the consent of the President. It must be noted here that though the bill is introduced with the prior recommendation of the President, but the format in which it was introduced and the format after the debate and discussions in the Parliament might get changed. Hence it is sent back for the consent of the President again.
  • Thus looking at the provisions of Article-3, it is clear that the states are destructible.
  • Committees/Commissions for Reorganisation of State :
    • Dhar Commission (June,1948)
      • recognised language as a parameter for reorganisation
      • but warned that it might fuel the separatist tendencies/forces.
      • ultimately rejected the language parameter
    • JVP Commission (Dec, 1948)
      • established to understand the reports of Dhar commission.
      • rejected the idea of formation of states on the basis of language.
      • recommended the formation on the basis of :
        • Administrative convenience
        • Economic development
        • Maintenance of unity
    • The State Reorganisation Commission (1953)
      • 3 important members :
      • Announced that India should be reorganised on the basis of language, but didn't accepted that it should be reorganised on the line of single language. So it should be on the basis of multiple languages.

Article 4

  • Deals with the supplemental, incidental and consequential provision as may deemed necessary.
  • Parliament may reduce the total number of members of Legislative Assembly even below the limit prescribed in Article-17(60 members). This is done in the case of Goa and Uttrakhand.
  • According to article-4, the changes made under Article-2 and Article-3 shall not be deemed to be an amendment of this Constitution for the purpose of Article-368. This mean that only simple majority is required.
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