Part 1.pdf

 # India that is Bharat , as a “ Union of States” rather than a “Federation of states” – Article 01 (1)India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise — (a) t...

 # India that is Bharat , as a “ Union of States” rather than a “Federation of states” – Article 01 (1)India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule. (3) 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.  # Article 01 describes two things a) Name of country - Bharat b) type of polity. “Union of states” “Federation of states” (✘)  # The parliament may, by law, admit new states into Union of India or establish new states on terms and conditions it deems fit – Article 02 Article 2A of Indian Constitution [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, ( 26-4-1975) # The parliament to form a new state by separation of a part of territory of an established state or to unite two or more states or parts of states or by uniting any territory to a part of any state. This article provides that area of any state can reduced or increased and alter the boundaries or change the name of a state – Article 03 Art 3. Formation of new States and alteration of areas, boundaries or names of existing States Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired. Point to Understand – # Article 02 relates to admission of new states that are not part of union of India. Whereas Article 03 relates to formation of or changes in existing state of union of India. So , article 03 deals with internal readjustment of territories of states of union of India. But two conditions – # The first condition is that no bill for the purpose can be introduced in the either house except on recommendation of the President of India. # It has to referred by President to the Legislatures of concerned states, for expressing opinions. Such opinion has to be expressed within a period specified by the President.  Art.4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters 1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. Evolution Of Indian States & Union territories India got Independence from the British on 15 August 1947. At that time India comprised two categories of political units: 1. The British provinces (under the direct rule of the British government) and 2. The princely states (under the rule of native princes but subject to the paramountcy of the British Crown). The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan. It also gave options to Princely states - Join India or Pakistan or Stay independent. There were approximately 552 princely states at that time within India’s boundaries from this 549 joined India and remaining three refused to join India. States earlier refused to join India, Integrate with India. Hyderabad- By means of Police Action Junagarh- By means of a Referendum Kashmir- By Instrument of Accession The constitution contained a four-fold classification of states and territories of Indian Union- Part A, Part B, Part C states and Part D territories. In, all they numbered 29. Part A- Comprise 9 erstwhile governor’s provinces of British India. Part B- states consisted of nine erstwhile princely states with legislatures. Part C- states (in all 10 in number) consisted of erstwhile chief commissioner’s provinces of British India and some of the erstwhile princely states. Part D- The Andaman and Nicobar Islands were kept as the solitary Part D territories. Point to Understand S.K Dhar Commission Princely states were integrated with India in an ad-hoc manner. Different regions, including south India, was demanding to reorganize states on linguistic basis. S.K Dhar Commission was appointed in June 1948 to see the feasibility of this demand The commission submitted its report in December 1948 and suggested to reorganize states on the basis of administrative convenience rather than linguistic bases.  JVP Committee To look into report of commission, a committee was setup known as JVP COMMITTEE in Dec. 1948 consisting of J.L Nehru , Vallabh Bhai Patel and Pattabhi Sitaramayya. The committee gave its report on 1 April 1949 and said that time was NOT suitable for formation of new provinces. In Andhra Pradesh, there was a growing demand for the formation of states on the basis of languages. Telugu-speaking people wanted a separate state but the C. Rajagopalachari-led Madras State was not particularly sympathetic to this demand. This was especially because the city of Madras (now Chennai) was a contentious factor with both Telugu and Tamil populations staking claim for it. There were agitations going on for this and as part of the agitation, Sreeramulu started a fast on 19 October 1952. During this fast, the then prime minister Jawaharlal Nehru assured his support for the creation of Andhra Pradesh but Sreeramulu continued with his fast because of the lack of a formal statement. Agitations continued in the Andhra region and Sreeramulu’s fast created a lot of public unrest. Finally, he died on 15 December 1952 after about 58 days of commencing his fast. This resulted in widespread rioting and violence in many regions in Andhra. A few people were killed in firing by the police. Protests continued for about four more days and on 29 December, Nehru announced his decision to form a separate Andhra state. Accordingly, on 1 October 1953, the Andhra State was formed with its capital at Kurnool.  FAZL ALI COMMISSION(DEC 1953) Creation of Andhra State sparked off agitations all over the country, with linguistic groups demanding separate statehoods So, to reexamine the whole question of creation of state on linguistic basis. The States Reorganisation Commission (SRC) constituted by the Central Government of India on 22 December 1953 to recommend the reorganisation of state boundaries. States Reorganisation Commission consisted of 3 Members. 1) FAZL ALI 2) K M PANIKKAR 3) H N KUNZRU  State Reorganisation Commission report The report of the State Reorganisation Commission was received by the Government 30-Sep-1955 with the following recommendations: The three-tier (Part-A/B/C) state system should be abolished Only the following 3 states should be the Union Territories: Andaman & Nicobar, Delhi and Manipur with 16 States "it is neither possible nor desirable to reorganise States on the basis of the single test of either language or culture, but that a balanced approach to the whole problem is necessary in the interest of our national unity that means “States can be reorganized on the basis of language” but it doesn’t mean “Single language single state” The States Reorganisation Act of 1956 Mysore implemented some of the Orissa recommendations of the SRC and 14 Punjab states and 6 Union Territories were Rajasthan created by 1st Nov 1956. Uttar Pradesh West Bengal 14 States Andhra Pradesh Six Union Territories Assam 1. Andaman and Nicobar Islands Bihar 2. Delhi Bombay 3. Himachal Pradesh Jammu and Kashmir 4. Laccadive, Minicoy and Kerala Amandivi Madhya Pradesh 5. Manipur Madras 6. Tripura # The constituent States of the Indian Republic have gone through a long process of evolution, before these have taken their present shapes, sizes and names. # At Present India has 8 Union Territories and 28 States. # Since 26th January 2020, India has 8 union territories. The U.T Daman and Diu, Dadra and Nagar Haveli have become a single union territory. Even, after the large-scale reorganization of the states in 1956, more reorganization happned over a period of time due to the pressure of popular agitations and political conditions. In 1960, Maharashtra and Gujarat(15th), were formed by dividing state of Bombay. Dadra and Nagar Haveli was converted into a union territory of India by the 10th Constitutional Amendment Act, 1961(***) In 1962, Goa, Daman and Diu were constituted as a union territory by the 12th Constitutional Amendment Act, 1962. Later, Daman and Diu was made a separate union territory (***) Puducherry was converted into a union territory by the 14th Constitutional Amendment Act 1962 (***)  In 1963, the State of Nagaland(16th) was formed out of the state of Assam. In 1966, state of Haryana(17th) was created by bifurcating State of Punjab. In 1971, the union territory of Himachal Pradesh was elevated to the status of a state (18th). In 1972, Manipur(19th), Tripura(20th) and Meghalaya(21st) were formed. Union territories of Mizoram and Arunachal Pradesh were also formed in 1972. Sikkim(22nd) was made a state by the 36th Constitutional Amendment Act 1975. (***)  In 1987, Mizoram(23rd), Arunachal Pradesh(24th) and Goa(26th) were converted into states of the Indian Union. In 2001, Chhattisgarh(26th), Uttarakhand(27th) and Jharkhand(28th) were created out of Madhya Pradesh, Uttar Pradesh and Bihar respectively. Telangana(29th) was carved out of Andhra in 2014. In August 2019, the Parliament of India passed the provisions to reorganise the state of Jammu and Kashmir into two union territories; Jammu and Kashmir and Ladakh, effective from 31 Oct 2019 In November, the Government of India introduced legislation to merge the union territories of Daman and Diu and Dadra and Naga Haveli into a single union territory to be known as Dadra and Nagar Haveli andDaman and Diu, effective from 26 January 2020. S.No Statehood State Capital 1 26 Jan. 1950 Assam Dispur 2 26 Jan. 1950 Bihar Patna 3 26 Jan. 1950 Odisha Bhubaneswar 4 26 Jan. 1950 Tamil Nadu Chennai 5 26 Jan. 1950 Uttar Pradesh Lucknow 6 1 Nov. 1956 West Bengal Kolkata 7 1 Nov. 1956 Punjab Chandigarh 8 1 Nov. 1956 Rajasthan Jaipur 9 1 Nov. 1956 Madhya Pradesh Bhopal 10 1 Nov. 1956 Kerala Thiruvananthapuram Bengaluru (formerly 11 1 Nov. 1956 Karnataka Bangalore) Hyderabad (Proposed 12 1 Nov. 1956 Andhra Pradesh Capital Amaravati) 13 1 May. 1960 Gujarat Gandhinagar 14 1 May. 1960 Maharashtra Mumbai 15 1 Dec. 1963 Nagaland Kohima 16 1 Nov. 1966 Haryana Chandigarh 17 25 Jan. 1971 Himachal Pradesh Shimla 18 21 Jan. 1972 Manipur Imphal 19 21 Jan. 1972 Meghalaya Shillong 20 21 Jan. 1972 Tripura Agartala 21 16 May. 1975 Sikkim Gangtok 22 30 May. 1987 Goa Panaji 23 20 Feb. 1987 Arunachal Pradesh Itanagar 24 20 Feb. 1987 Mizoram Aizawl 25 15 Nov. 2000 Jharkhand Ranchi 26 1 Nov. 2000 Chhattisgarh Raipur Dehradun (Winter) 27 9 Nov. 2000 Uttarakhand Gairsain (Summer) 28 2 Jun. 2014 Telangana Hyderabad Union Territories 1 1 Nov. 1954 Pondicherry Puducherry 2 1 Nov. 1956 Lakshadweep Kavaratti Andaman and 3 1 Nov. 1956 Port Blair Nicobar Islands 4 1 Nov. 1966 Chandigarh Chandigarh 5 9 May. 1905 Delhi New Delhi Srinagar Jammu and 6 31 Oct 2019 (Summer) Kashmir Jammu (Winter) 7 31 Oct 2019 Ladakh Leh Dadra & Nagar 8 26 Jan. 2020 Haveli and Daman  Changes in the name of the States The United Provinces was renamed Uttar Pradesh in 1950. Madras was renamed Tamil Nadu In 1969. Mysore was renamed Karnataka in 1973. Laccadive, Minicoy and Amindivi Islands were renamed Lakshadweep in 1973. The Union Territory of Delhi was redesignated as the National Capital Territory of Delhi in 1992 Uttaranchal was renamed as Uttarakhand in 2006. Pondicherry was renamed as Puducherry in 2006. Orissa was renamed as Odisha in 2011. Sikkim Becomes India's 22nd State - [May 16, 1975]  On 16 May 1975, the Himalayan Kingdom of Sikkim became the 22nd state of India, ending the monarchy ruling there from the 17th century Sikkim is located in the northeastern part of the country, in the eastern Himalayas and is one of the smallest states in India. Capital: Gangtok. Borders: Tibet Autonomous Region of China to the north and northeast, Bhutan to the southeast, Indian state of West Bengal to the south and Nepal to the west. Sikkim is of great political and strategic importance for India because of its location along several international boundaries.  History: The present erstwhile monarchy in Sikkim started in the year 1642 with the coronation of Phuntsog Namgyal as the Chogyal or king. The king was also a consecrated Buddhist priest. The country was frequently attacked by the Gorkha army of Nepal. Initially, the British establishment in India had good relations with Sikkim. Relations with the British deteriorated and finally in 1861, the British acquired the regions of Darjeeling and the Terai. The Treaty of Tumlong in 1861 made Sikkim a protectorate of the British. After India’s independence in 1947, the guarantees of independence that Sikkim had acquired from the British were transferred to the new Indian government. In 1950, a treaty was agreed between India and Sikkim which gave Sikkim the status of an Indian protectorate. The then Prime Minister Jawaharlal Nehru gave special protectorate status for Sikkim, which was to be a „tributary‟ of India. Sikkim came under the suzerainty of India, which controlled its external affairs, defence, diplomacy and communications. A semblance of a constitutional government was established under the ruling Chogyal in Sikkim, who was otherwise an absolute monarch. During the Sino-Indian war of 1962, Sikkim was seen as a problematic area for India as skirmishes occurred in the Nathu La pass which connects Sikkim with Tibet. Trouble started brewing in the Himalayan kingdom in 1970 when there were anti- monarchy demonstrations led by the Sikkim National Congress Party. India was worried that China would use this situation and claim the tiny country as part of Tibet. India appointed a Chief Administrator for Sikkim to oversee the political instability there. Indian troops were also placed. Thereafter, a referendum was held for abolishing the monarchy, effectively approving union with India. An Act (THIRTY-FIFTH AMENDMENT) ACT, 1974 ) further to amend the Constitution of India to give effect to the wishes of the people of Sikkim for strengthening Indo-Sikkim co-operation and inter-relationship. Insertion of new article 2A.-After article 2 of the Constitution, the following article shall be inserted, namely:- "2A. Sikkim to be associated with the Union.-Sikkim, which comprises the territories specified in the Tenth Schedule, shall be associated with the Union on the terms and conditions set out in that Schedule.". 3. Amendment of article 80.-In article 80 of the Constitution, in clause (1), for the words "The Council of States", the words and figure "Subject to the provisions of paragraph 4 of the Tenth Schedule, the Council of States" shall be substituted. 4. Amendment of article 81.-In article 81 of the Constitution, in clause (1), for the words and figures "Subject to the provisions of article 331", the words and figures "Subject to the provisions of article 331 and paragraph 4 of the Tenth Schedule"shall be substituted. 5. Addition of Tenth Schedule.-After the Ninth Schedule to the Constitution, the following Schedule shall be added, namely:- The elected Prime Minister of Sikkim Lhendup Dorji was himself an anti- monarchist. He had been elected by the Council of Ministers which was opposed to the continuance of the monarchy in Sikkim. Dorji asked the Indian Parliament to change the status of Sikkim to that of statehood. A referendum was conducted on 14th April 1975 in which about 97% of the population voted for merger with India. On 26th April, the Indian Parliament approved the constitutional amendment making Sikkim a state of India. The amendment was ratified by the President on 15 May and Sikkim was finally admitted to the Union of India on 16th May 1975 as the country‟s 22nd state. Dorji was made the Chief Minister of Sikkim and the monarchy was abolished. To enable the incorporation of the new state, the Indian Parliament amended the Indian Constitution. First, the 35th Amendment laid down a set of conditions that made Sikkim an “Associate State”, a special designation not used by any other state. The 36th Amendment repealed the 35th Amendment, and made Sikkim a full state, adding its name to the First Schedule of the Constitution. (a) article 2A shall be omitted; (b) in article 80, in clause (1), the words and figure "Subject to the provisions of paragraph 4 of the Tenth Schedule," shall be omitted; (c) in article 81, in clause (1), the words and figure "and paragraph 4 of the Tenth Schedule" shall be omitted; (d) the Tenth Schedule shall be omitted.