➡ Introduction

     The Constitution of India is the supreme Law of India. It is the longest written constitution of any country, drafted by the Constituent Assembly. The assembly was made up of indirectly elected members from different parts of the Nation (389 members before, reduced to 299 after Partition). The constitution is made up of a total of 22 parts, which contains a total of 395 Articles. Here we have a lot to discuss about 1st part of the Constitution, which includes 1st 4 Articles. Let's get started.

➡ Indian Constitution Part - 1 

 ➤ Article - 1 (Name and the territory of the Union)

     1) India, that is Bharat, shall be a union of states.

         After independence people of India got freedom but they had a doubt whether India got Freedom or Bharat. Simply, people wanted to pick one name for their nation as many people believed that India is a foreign origin name and Bharat is real name and it also had a huge impression in the freedom movement as the cry was " Bharat Mata ki Jai " not " India Mata ki Jai ". Isn't it sounds awkward India Mata ki Jai? But in our Constitution, it is clearly stated that India that is Bharat, which means both are the name of our nation. It is up to you whether you call it Bharat or India. Here is what the supreme court's Judge said in one   such case where the Petitioner wanted an amendment in the constitution to remove the name India :


         So, the conclusion is that India and Bharat are not different. Now, let's move to the next point which is -' India shall be a Union of State'. What does this mean? let's get to find it.

         I have searched about the same and here is what I got - 


         The meaning of this is whether India acts as Federal but the last decision would be of Central Government as India is Union of State, not Federal. If it was federal that means one agreement is there between states and if any state or states want then they can break Agreement and make another nation. Now, just think about the level of Intelligence our Constitution writers had. They made our country act like a Federal but no state can make another nation as there is no agreement, so finally, our country is a Union of states. The USA is federal of state and each state of it has a separate constitution and flag. let's move forward as our topic is not Union vs Federal and this was enough to understand why India is a Union of State.

     2) Now, we are aware that India is the Union of the States but what if a question arises like " Of which states, India is Union ?" So, to counter this question, the answer is given in the 2nd part of the 1st Article of our Constitution. The answer is like " Visit the 1st Schedule ". Schedules are part of the Constitution which are written and kept separately. According to the 1st Schedule, India is the Union of given states and Union Territories :

     States - 
                  1) Andhra Pradesh       
                  2) Assam                      
                  3) Bihar                        
                  4) Gujrat                       
                  5) Kerala                       
                  6) Madhya Pradesh       
                  7) Tamil Nadu               
                  8) Maharashtra              
                  9) Karnataka                  
                 10) Odisha                     
                 11) Punjab                     
                 12) Rajasthan                
                 13) Uttar Pradesh           
                 14) West Bengal 
                 15) Nagaland
                 16) Haryana
                 17) Himachal Pradesh
                 18) Manipur 
                 19) Tripura
                 20) Meghalaya
                 21) Sikkim
                 22) Mizoram
                 23) Arunachal Pradesh
                 24) Goa
                 25) Chhattisgarh
                 26) Uttarakhand
                 27) Jharkhand
                 28) Telangana    
 
     Union Territories -
                  1) Delhi
                  2) Andaman and Nicobar Islands
                  3) Lakshadweep
                  4) Puducherry
                  5) Chandigarh
                  6) Jammu and Kashmir
                  7) Diu and Daman
                  8) Dadra and Nagar Haveli
                  9) Ladakh



     3) Third part of Article 1 is given as - 
        
        Indian Territory shall comprise - 
          a) The Territories of the State
          b) Union Territories
          c) Such other territories as may be Acquired.
     here, if you observe, a & b is simple ( Area of states and Union Territories belong to India) but what about c. Meaning of c is Acquired Territories (अर्जित क्षेत्र). In a time of war or in any other situation, if India Acquires any area then it could be part of India.
         
 ➤ Article - 2 (Admission or Establishment of New States)
     Statement of Article - 2 is - Parliament may by law admit into the union or establish new states on such terms and conditions as it thinks fit.
      According to article 2, India can admit any other state or area to its territory, or in simple words, India can merge any country's area or a whole country to its territory by Law. This is only possible when people of that state want to merge with India. Now let me give you one example. Some of you may be aware of this already. Sikkim was not a part of India till 16 May 1975, when China invaded Tibet and captured it. Sikkim's government and people started fearing that China might attack them. India provided Sikkim with all human rights and protection, but it could only be accomplished if Sikkim merged with India. Through the 36th Amendment to the Indian Constitution, Sikkim became an Indian state. Sikkim could have become a separate nation again if our country was federal. That's why our constitution drafters decided to make India a Union of States.


 ➤ Article - 3 
     Formation of the New States and alternation of Areas, boundaries, or names of Existing States.
   
      Parliament by Law - 
      1) Form new states ( By dividing any state, uniting 2 or more states or union territories, by uniting any territory to a part of any state)
      2) Increase the area of any state.
      3) diminish the area of any state.
      4) alter the boundaries of any state.
      5) alter the name of any state.

      The constitution also states that :
      1) 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.

     I think there is no need for explanation in this Article. but let me take one example - by dividing Andhra Pradesh on 2nd June 2014 a new state was formed named Telangana.


 ➤ Article - 4 
     Laws made under Articles 2 and 3 to provide for the amendment of 1st and 4th schedules and supplemental, incidental, and consequential matters.

      There is 2 explanation given -
       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.

     In simple words, if parliament wants to bring any amendment in Articles 2 and 3 (to make any change in schedules 1 and 4) then they do not require the permission of the President as it is kept out of Article 368. Parliament requires an only one-half majority to do this. That means Govt. Can directly do this as they are having 2/3 majority in Parliament to administrate the Country.

 

   
  ➡  Please correct me if you find any mistakes, I would love to hear my mistakes in the comment section.


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