Union and Its Territory (Articles 1 to 4)
Part I of the Indian Constitution
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Articles 1 to 4 deal with the
Union and its Territory.
Article 1 - Union of States
It describes India, that is, Bharat as a 'Union of States'
rather than a 'Federation of States'
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India, that is Bharat, is described as a
“Union of States”.
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India is not called a “Federation of States”.
Article 1 deals with: Name of the country, Nature of polity, Territorial area of India
Why is India called a “Union of States”
Two Reasons
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The Indian Federation is
not the result of an agreement among states
like the USA.
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States
do not have the right to secede from
the Union.
India is an
indestructible Union of destructible States.
Territory of India vs Union of India
- Union of India - Includes only: States
Territory of India
- Includes: States, Union Territories & Territories that may be acquired in future
“Territory of India” is a
wider expression than “Union of
India”.
First Schedule of the Constitution Contains
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Names of States
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Names of Union Territories
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Their territorial extent
At present, there are 28 states and 9 union territories
Article 2 - Admission or Establishment of New States
Parliament has power
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To admit new states into the Union
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To establish new states
Difference
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Admission - States already in existence are admitted.
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Establishment - New states not existing earlier are created.
Article 3 - Reorganisation of States
Parliament can:
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Create a new state
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Increase or decrease area of a state
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Alter boundaries of a state
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Alter name of a state
Conditions under Article 3
1. Prior Recommendation of President
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A bill for these changes can be introduced only with the President’s
recommendation.
2. Reference to State Legislature
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President refers the bill to the concerned state legislature for its views
within a specified period.
Important Facts
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Parliament is not bound by the
views of the state legislature.
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It may accept or reject the suggestions.
In case of Union Territories
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No need to consult the legislature.
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Parliament can redraw boundaries according to its will.
Nature of Article 3
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Deals with internal adjustment of territories among states.
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Shows Parliament’s wide power over states.
India is an
“indestructible Union of destructible States.”
Article 4 - No
Constitutional Amendment Needed
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Laws made under Articles 2 and 3 are
not considered Constitutional Amendments under Article 368. Therefore, Such laws can be passed by: Simple Majority, Ordinary
Legislative Proces.
One-Line Revision
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Article 1 → Union of States
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Article 2 →
Admission/Establishment of New States
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Article 3 → Reorganisation of
States
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Article 4 → No Constitutional
Amendment Required
Berubari Union Case & Exchange of Territories
Berubari Union Case (West Bengal to Pakistan)
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Can Parliament transfer Indian territory to a foreign country using
Article 3?
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Does the power to reduce the area of a state include the power to cede
territory to another country?
Supreme Court Ruling (Berubari Case)
- The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country.
- Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.
- Response from Legislature
The 9th Constitutional Amendment Act (1960) was enacted to transfer the said territory to Pakistan
Supreme Court in 1969
- SC ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment
In simple words: Article 3 allows Parliament to:
Increase/decrease area of states, Change boundaries & Rename
states But Article 3
does NOT allow: Transfer of Indian territory to a foreign country.
Indian territory can be ceded to another country
only through Constitutional Amendment under Article 368.
Response of Legislature
|
Amendment
|
Purpose
|
|
9th Constitutional Amendment Act, 1960
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Transferred Berubari Union territory to Pakistan
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Minor boundary adjustments can be done without
amendment in some situations.
Exchange of Territories with Bangladesh
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100th Constitutional Amendment Act, 2015 - Transfer certain
territories to Bangladesh, Acquire certain territories from
Bangladesh Based On India-Bangladesh Land Boundary Agreement and
Protocol
- States Modified in First Schedule Assam ,West Bengal, Meghalaya, Tripura. The amendment changed the territorial provisions in the
First Schedule of the Constitution.
Political Situation at the Time of Independence
At Independence, India had two types of political units
| Category | Description |
|---|
| British Provinces | Directly ruled by British Government |
| Princely States | Ruled by Indian princes under British paramountcy |
Princely States after Independence
| Total Princely States | Joined India | Refused Initially |
|---|
| 552 | 549 | 3 |
- At the time of independence, India comprised two categories of political units, namely, The British provinces (under the direct rule of British government).
- The Princely states (under the rule of native princes but subject to the paramountcy of the British Crown)
- Out of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
States that Initially Refused to Join India Hyderabad, Junagarh and Kashmir
Reorganisation of States in India
Demand for Linguistic States
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Different regions of India, especially South India, demanded reorganisation of states on a linguistic basis.
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People wanted states where the majority spoke the same language.
Dhar Commission (1948)
- There has been a demand from different regions, particularly South India, for reorganisation of states on linguistic basis.
- Accordingly, in June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar to examine the feasibility of this
- It recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor
| Feature | Details |
|---|
| Official Name | Linguistic Provinces Commission |
| Chairman | S.K. Dhar |
| Appointed By | Government of India |
| Year | June 1948 |
| Purpose | To examine feasibility of linguistic states |
Recommendation
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Reorganisation should be based on: Administrative convenience, Efficiency
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NOT on linguistic basis.
Result
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Recommendation created resentment among people.
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Led to appointment of another committee.
JVP Committee (1948)
- It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee
- It submitted its report in April, 1949, and formally rejected language as the basis for reorganisation of states.
| Member | Position |
|---|
| Jawaharlal Nehru | Member |
| Vallabhbhai Patel | Member |
| Pattabhi Sitaramayya | Member |
Report of JVP Committee (1949)
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Submitted report in April 1949.
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Rejected language as the basis for reorganisation of states.
Important Note (1950 Classification)
In 1950, Indian states and territories were divided into 4 categories:
| Category | Description |
|---|
| Part A States | Former Governor’s provinces |
| Part B States | Former princely states |
| Part C States | Chief Commissioner’s provinces |
| Part D Territories | Andaman & Nicobar Islands |
Andhra State & Potti Sriramulu
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Strong agitation for separate Telugu-speaking state.
Potti Sriramulu
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Congress leader
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Went on a 56-day hunger strike
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Died during the protest.
Result
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Government was forced to create: Andhra State in October 1953
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Telugu-speaking areas separated from Madras State.
Andhra became the first linguistic state of India.
Fazl Ali Commission (1953)
- The creation of Andhra state intensified the demand from other regions for creation of states on linguistic basis
- This forced the Government of India to appoint (in December, 1953) a three- member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question
- Other two members were K.M. Panikkar and H.N. Kunzru.
- Creation of Andhra intensified demands for linguistic states.
- Government appointed: States Reorganisation Commission (SRC) in December 1953.
Members of SRC
| Member | Role |
|---|
| Fazl Ali | Chairman |
| K.M. Panikkar | Member |
| H.N. Kunzru | Member |
Recommendations of Fazl Ali Commission
- Accepted: Language as an important basis for reorganisation.
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Rejected: Theory of: “One Language = One State”
Four Major Factors Identified
| Factors | Explanation |
|---|
| Financial & Economic Factors | Economic viability of states |
| Administrative Convenience | Efficient governance |
| National Unity & Security | Strengthening unity and security |
| Linguistic & Cultural Homogeneity | Similar language and culture |
Suggestions of the Commission
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Abolition of four-fold classification of states.
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Creation of: 16 States, 3 Centrally Administered Territories
Government Response (1956)
- The Government of India accepted these recommendations with certain minor modifications
- By the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956), the distinction between Part A and Part B states was done away with and Part C states were abolished.
- Some of them were merged with adjacent states and some other were designated as union territories
As a result, 14 states and 6 union territories were created on November 1, 1956
Two Important Measures
| Measure | Year |
|---|
| States Reorganisation Act | 1956 |
| 7th Constitutional Amendment Act | 1956 |
Major Changes in 1956
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Part A and Part B distinction abolished.
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Part C states abolished.
What Happened to Part C States?
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Some merged with nearby states.
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Some became Union Territories.
Result of Reorganisation (1 November 1956)
- Created: 14 States & 6 Union Territories
14 States Created in 1956
| States |
|---|
| Andhra Pradesh |
| Assam |
| Bihar |
| Bombay |
| Jammu and Kashmir |
| Kerala |
| Madhya Pradesh |
| Madras |
| Mysore |
| Orissa |
| Punjab |
| Rajasthan |
| Uttar Pradesh |
| West Bengal |
6 Union Territories Created in 1956
| Union Territories |
|---|
| Andaman and Nicobar Islands |
| Delhi |
| Himachal Pradesh |
| Laccadive, Minicoy and Amindivi Islands |
| Manipur |
| Tripura |
Reorganisation After 1956
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Reorganisation did not stop in 1956.
Reasons for Further Changes
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Popular agitations
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Political conditions
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Linguistic demands
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Cultural homogeneity
Result
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Existing states were further divided.
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New states and union territories were continuously created.
Quick Revision Table
| Commission/Committee | Year | Main Recommendation |
|---|
| Dhar Commission | 1948 | Administrative basis, not language |
| JVP Committee | 1949 | Rejected linguistic states |
| Fazl Ali Commission | 1953 | Accepted language as basis with conditions |
One-Line Revision
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Dhar Commission → Against linguistic states
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JVP Committee → Rejected language basis
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Potti Sriramulu → Led Andhra movement
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Fazl Ali Commission → Recommended state reorganisation
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1956 Act → Major reorganisation of Indian states
Maharashtra and Gujarat - 1960
- In 1960, the bilingual state of Bombay was divided into two separate states-Maharashtra for Marathi speaking people and Gujarat for Gujarati speaking people
Gujarat was established as the 15th state of the Indian Union
Dadra and Nagar Haveli - 1961
- The Portuguese ruled this territory until its liberation in 1954
Subsequently, the administration was carried on till 1961 by an administrator chosen by the people themselves
It was converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.
Goa, Daman and Diu - 1961
- India acquired these three territories from the Portuguese by means of police action in 1961
- They were constituted as a union territory by the 12th Constitutional Amendment Act, 1962
- Later, in 1987, Goa was conferred a statehood
Consequently, Daman and Diu was made a separate union territory.
Puducherry - 1962
- The territory of Puducherry comprises the former French establishments in India known as Puducherry, Karaikal, Mahe and Yanam
- The French handed over this territory to India in 1954
Subsequently, it was administered as an 'acquired territory', till 1962 when it was made a union territory by the 14th Constitutions Amendment Act
Nagaland - 1963
- In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang area out of the state of Assam.
- This was done to satisfy the movement of the hostile Nagas .
- However, before giving Nagaland the status of the 16th state of the Indian Union, it was placed under the control of governor of Assam in 1961.
Haryana, Chandigarh and Himachal Pradesh - 1966
- In 1966, the State of Punjab was bifurcated to create Haryana, the l7th state of the Indian Union, and the union territory of Chandigarh.
- This followed the demand for a separate "Sikh Homeland' (Punjabi Subha) raised by the Akali Dal under the leadership of Master Tara Singh.
- On the recommendation of the Shah Commission (1966), the Punjabi-speaking areas were constituted into the unilingual state of Punjab.
- Hindi-speaking areas were constituted into the State of Haryana and the hill areas were merged with the adjoining union territory of Himachal Pradesh.
- In 1971, the union territory of Himachal Pradesh was elevated to the status of a state (18th state of the Indian Union)
| Topic | Important Notes |
|---|
| Maharashtra and Gujarat (1960) | • In 1960, the bilingual state of Bombay was divided into two states. • Maharashtra was created for Marathi-speaking people. • Gujarat was created for Gujarati-speaking people. • Gujarat became the 15th state of the Indian Union. |
| Dadra and Nagar Haveli (1961) | • This territory was under Portuguese rule till 1954. • It was liberated in 1954. • From 1954 to 1961, administration was run by an administrator chosen by local people. • It became a Union Territory through the 10th Constitutional Amendment Act, 1961. |
| Goa, Daman and Diu (1961) | • India acquired Goa, Daman and Diu from the Portuguese through police action in 1961. • They became a Union Territory through the 12th Constitutional Amendment Act, 1962. • In 1987, Goa was granted statehood. • After this, Daman and Diu became a separate Union Territory. |
| Puducherry (1962) | • Puducherry included former French settlements: → Puducherry → Karaikal → Mahe → Yanam • France handed over these territories to India in 1954. • From 1954–1962, it was administered as an “acquired territory”. • It became a Union Territory through the 14th Constitutional Amendment Act, 1962. |
| Nagaland (1963) | • Nagaland was formed in 1963 by separating the Naga Hills and Tuensang Area from Assam. • It was created to satisfy the demands of the Nagas. • Before statehood, in 1961, the area was placed under the Governor of Assam. • Nagaland became the 16th state of the Indian Union. |
| Haryana, Chandigarh and Himachal Pradesh (1966) | • In 1966, Punjab was divided. • Haryana was created as the 17th state of India. • Chandigarh became a Union Territory. • Demand for Punjabi Subha (separate Sikh homeland) was raised by Akali Dal under Master Tara Singh. • Based on the recommendation of the Shah Commission (1966): → Punjabi-speaking areas became Punjab → Hindi-speaking areas became Haryana → Hill areas merged with Himachal Pradesh • In 1971, Himachal Pradesh became the 18th state of India. |
Quick Revision Points
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1960 → Bombay divided into Maharashtra & Gujarat
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1961 → Dadra & Nagar Haveli became UT
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1961–62 → Goa, Daman & Diu acquired from Portuguese
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1962 → Puducherry became UT
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1963 → Nagaland became 16th state
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1966 → Haryana and Chandigarh created
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1971 → Himachal Pradesh became 18th state
Manipur, Tripura and Meghalaya - 1972
- In 1972, the political map of Northeast India underwent a major change
- Thus, the two union territories of Manipur and Tripura and the sub-state of Meghalaya got statehood and the two union territories of Mizoram and Arunachal Pradesh (originally known as North-East Frontier Agency-NEFA) came into being
- With this, the number of states of the Indian Union increased to 21 (Manipur 19th, Tripura 20th and Meghalaya 21st
The union territories of Mizoram and Arunachal Pradesh were also formed out of the territories of Assam
Sikkim - 1975
- Till 1947, Sikkim was an Indian princely state ruled by Chogyal
- In 1947, after the lapse of British paramountcy, Sikkim became a 'protectorate' of India, whereby the Indian Government assumed responsibility for the defence, external affairs and communications of Sikkim
- In 1974, Sikkim expressed its desire for greater association with India
Accordingly, the 35th Constitutional Amendment Act (1974) was enacted by the parliament
- This amendment introduced a new class of statehood under the constitution by conferring on Sikkim the status of an 'associate state' of the Indian Union
- In a referendum held in 1975, they voted for the abolition of the institution of Chogyal and Sikkim becoming an integral part of India
- Consequently, the 36th Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state)
Mizoram, Arunachal Pradesh and Goa - 1987
- In 1987, three new States of Mizoram, Arunachal Pradesh and Goa came into being as the 23rd, 24th and 25th states of the Indian union respectively
- Arunachal Pradesh had also been a union territory from 1972.
- The union territory of Mizoram was conferred the status of a full state as a sequel to the signing of a memorandum of settlement (Mizoram Peace Accord) in 1986 between the Central government and the Mizo National Front, ending the two-decade-old insurgency.
- The State of Goa was created by separating the territory of Goa from the Union Territory of Goa, Daman and Diu.
| Topic | Important Notes |
|---|
| Manipur, Tripura and Meghalaya (1972) | • In 1972, the political map of North-East India changed significantly. • Union Territories of Manipur and Tripura were granted statehood. • Meghalaya, which was earlier a sub-state of Assam, also became a state. • Number of states in India increased to 21. • Manipur became the 19th state. • Tripura became the 20th state. • Meghalaya became the 21st state. • Two new Union Territories were also created: → Mizoram → Arunachal Pradesh (earlier called NEFA – North-East Frontier Agency) • Both were carved out of Assam. |
| Sikkim (1975) | • Before 1947, Sikkim was a princely state ruled by the Chogyal. • After independence, Sikkim became a protectorate of India. • India controlled: → Defence → External Affairs → Communications • In 1974, Sikkim demanded closer association with India. • Parliament passed the 35th Constitutional Amendment Act, 1974. • It gave Sikkim the status of an Associate State of India. • In the 1975 referendum, people voted to abolish the institution of Chogyal and join India fully. • Parliament then passed the 36th Constitutional Amendment Act, 1975. • Sikkim became the 22nd state of the Indian Union. |
| Mizoram, Arunachal Pradesh and Goa (1987) | • In 1987, three new states were created: → Mizoram (23rd state) → Arunachal Pradesh (24th state) → Goa (25th state) • Arunachal Pradesh had been a Union Territory since 1972. • Mizoram received statehood after the Mizoram Peace Accord (1986) signed between the Central Government and the Mizo National Front. • The accord ended a two-decade insurgency. • Goa became a state after separation from the Union Territory of Goa, Daman and Diu. |
Quick Revision Points
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1972 → Manipur, Tripura and Meghalaya became states
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1972 → Mizoram and Arunachal Pradesh became UTs
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1975 → Sikkim became the 22nd state
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1987 → Mizoram, Arunachal Pradesh and Goa became states
Important Constitutional Amendments
| Amendment | Purpose |
|---|
| 35th Constitutional Amendment Act, 1974 | Made Sikkim an Associate State |
| 36th Constitutional Amendment Act, 1975 | Made Sikkim a full state of India |
One-Line Revision
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1972 → North-East reorganisation
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1975 → Sikkim joined India fully
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1987 → Mizoram, Arunachal Pradesh and Goa became states
(2000–2019) – Creation of New States and UTs
| Topic | Important Notes |
|---|
| Chhattisgarh, Uttarakhand and Jharkhand (2000) | • In 2000, three new states were created. • Chhattisgarh was carved out of Madhya Pradesh. • Uttarakhand (earlier Uttaranchal) was carved out of Uttar Pradesh. • Jharkhand was carved out of Bihar. • These became: → Chhattisgarh – 26th state → Uttarakhand – 27th state → Jharkhand – 28th state of India. |
| Telangana (2014) | • In 2014, Telangana became the 29th state of India. • It was carved out of Andhra Pradesh. • The States Reorganisation Act, 1956 had earlier merged Telugu-speaking areas of Hyderabad State with Andhra State to create Andhra Pradesh. • Hyderabad became the capital of Andhra Pradesh. • Later, the Andhra Pradesh Reorganisation Act, 2014 divided Andhra Pradesh into: → Andhra Pradesh (residuary state) → Telangana |
| Jammu & Kashmir and Ladakh (2019) | • Before 2019, Jammu and Kashmir had a special status under Article 370 and also had its own Constitution. • In 2019, this special status was removed through a Presidential Order called: → “The Constitution (Application to Jammu and Kashmir) Order, 2019” • This order replaced the earlier 1954 Order. • The Jammu and Kashmir Reorganisation Act, 2019 divided the state into two Union Territories: → Union Territory of Jammu & Kashmir → Union Territory of Ladakh |
Growth in States and Union Territories
| Year | States | Union Territories |
|---|
| 1956 | 14 | 6 |
| 2019 | 28 | 9 |
Quick Revision Points
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2000 → Chhattisgarh, Uttarakhand and Jharkhand created
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2014 → Telangana became 29th state
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2019 → Jammu & Kashmir bifurcated into J&K and Ladakh UTs
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Article 370 → Special status of J&K removed in 2019
One-Line Revision
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2000 → 3 new states created
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2014 → Telangana separated from Andhra Pradesh
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2019 → J&K reorganised into two Union Territories
Development Boards & Autonomous Councils
This picture shows regions in India where there are demands for:
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Separate states
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Special autonomy
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Regional development
These areas are managed through:
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Development Boards
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Autonomous Councils
Development Board
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Development Boards are created for the economic and social development of backward regions.
They help reduce
- Regional imbalance
- Lack of infrastructure
- Unequal development
Balanced regional development within a state.
Examples from the Picture
| Region | State | Purpose |
|---|
| Vidarbha | Maharashtra | Demand for separate state due to underdevelopment |
| Marathwada | Maharashtra | Regional development |
| Saurashtra | Gujarat | Economic development |
| Kutch | Gujarat | Development of backward region |
| Hyderabad-Karnataka | Karnataka | Special development assistance |
Constitutional Connection
Article 371 Series
Some regions receive special provisions under:
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Article 371
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Article 371A to 371J
These provisions aim to:
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Protect local interests
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Promote development
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Preserve culture and identity
Article 371J provides special status to Hyderabad-Karnataka region.
Autonomous Councils
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Autonomous Councils are local self-governing bodies created mainly in tribal areas.
They provide
- Administrative autonomy
- Protection of tribal culture
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Self-governance
Constitutional Basis
Sixth Schedule of the Constitution
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Applies mainly to tribal areas of:Assam, Meghalaya, Tripura, Mizoram
Powers of Autonomous Councils
- They can make laws regarding:Land,Forests,Local customs,Village administration,Tribal welfare
Examples from the Picture
| Autonomous Council | State/Region |
|---|
| Bodoland Territorial Council | Assam |
| Karbi Anglong Autonomous Council | Assam |
| North Cachar Hills ADC | Assam |
| Garo Hills ADC | Meghalaya |
| Khasi Hills ADC | Meghalaya |
| Jaintia Hills ADC | Meghalaya |
| Tripura Tribal Areas Autonomous District Council (TTAADC) | Tripura |
| Chakma, Lai & Mara ADCs | Mizoram |
| Gorkhaland Territorial Administration | West Bengal |
| Ladakh Autonomous Hill Development Council (Leh & Kargil) | Ladakh |
Why are these bodies created?
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To manage ethnic and tribal diversity
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To reduce separatist movements
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To provide local self-governance
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To protect language, culture and traditions
Difference Between Development Boards & Autonomous Councils
| Basis | Development Boards | Autonomous Councils |
|---|
| Purpose | Economic development | Self-governance |
| Focus | Backward regions | Tribal/ethnic regions |
| Constitutional Basis | Mostly Article 371 provisions | Sixth Schedule |
| Powers | Advisory & developmental | Legislative & administrative |
One-Line Revision
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Development Boards → Regional economic development
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Autonomous Councils → Tribal self-governance under Sixth Schedule
The reorganisation of states was carried out while keeping in mind the constitutional ideals of national unity, fraternity and integrity mentioned in the Preamble