The Union and its Territory

 

  • India ie, Bharat is a union of states. It is a Sovereign Socialist Democratic Republic with a parliamentary system government. The Republic is governed in terms of the constitution of India which has adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.
  • The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President.
  • As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses to be known as the Council of States (Rajyasabha) and the House of the people (LokSabha).
  • Article 74(1) of the Constitution provides that there shall be a Council of Ministers with a PrimeMinister as its head to aid and advise the President, who shall exercise his functionaries in accordance to the advice. The real executive power is thus vested in the Council of Ministers with Prime Minister as its head.
  • The Council of Ministers is collectively called State Legislative Council. Governor is the Head of a state. There shall be a Governor for each state and the executive power of the state shall be vested in him. The council of Ministers with the Chief Ministers as its head the Governor in the discharge of the executive functions. The council of the Ministers of a state is collectively responsible to the Legislative Assembly of the State.
  • The Constitution distributes legislative powers between Parliament and State legislatures as per the lists of entries in the Seventh Schedule to the Constitution. The residual powers vest in the parliament. The centrally administered territories are called Union Territories.

Article 1: Name and territory of the Union.

  1. India, that is Bharat, shall be a union of states.
  2. The states and the territories therrof 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.

Article2: Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

Article 3: Formation of new states and alteration of areas, boundaries or names of existing States. There fore Parliament by law-

  • 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;
  • Increase the area of any state;
  • Diminish the area of any State;
  • Alter the boundaries of any State;
  • 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 has been referred by the President to the Legislature of that State for expressing its views thereon within such period as maybe specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

April 10, 2019

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