What comprises territory of India?

Q.  Which of the following sentences is/are true?

1)  The provisions of the Constitution related to the states are applicable to all the states.
2) Articles 1 to 4 of the Constitution deal with the Union and its territory.

- Published on 17 Feb 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
 
  • Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.
  • As per Article 1, the territory of India includes :

  • (a) Territories of the states
    (b) Union territories
    (c) Territories that may be acquired by the Government of India at any time.

  • First Schedule has the names of states and union territories and their territorial extent.
  • Currently, there are 29 states and 7 union territories.
  • Article 1 describes India, that is, Bharat as a ‘Union of States’.
  • Constituent Assembly had to adopt a mix of both (‘India, that is, Bharat’) as there was unanimity regarding the traditional or the modern name.
  • India is ‘Union’ although its Constitution is federal in structure.
  • According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons - one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation.
  • The federation is an Union because it is indestructible.
  • The country is an integral whole and divided into different states only for the convenience of administration.
  • The provisions of the Constitution related to the states are applicable to all the states (except Jammu and Kashmir)equally.
  • J&K has a special provision (Article 370) for itself in the Constitution and it has its own constitution.
  • However, the special provisions (under Part XXI) applicable to some states override the general provisions relating to the states as a class.
  • Fifth and Sixth Schedules contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states.

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