alteration of name and boundary of indian territory

Alteration of Name and Boundary of States

Power to Create a New State

Composed By

Satendra Kumar SharmaLL.M. 4th Semester

Noida International University

Gautam Buddh Nagar, Uttar Pradesh.

. .

India and its Territory

Question

• Is it possible to alter the name and Boundary of the existing states….?

Answer

Yes, it is possible to alter the name and Boundary of the existing states.

Question

How it is possible to alter the name and boundary of existing states…?

Answer

It is possible to change the name and boundaries of existing states under the provisions given under the Part I of the Constitution of India.

Part I of the Constitution of India

THE UNION AND ITS TERRITORY

(Article 1-4)

Part I of the Constitution of India

Part I of the Constitution of India consists of four Articles

Article 1- Name and territory of the Union;

Article 2- Admission or establishment of new States;

Article 3- Formation of new States and alteration of areas, boundaries or names of existing States;

Article-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.

Article 1

1. Name and territory of the Union- (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 2

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

Article 3

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.

Conditions to invoke Article 3

• 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

Article 4

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 purpose Article 368.

Question

In which Article the name and territory of the Union of India is given…?

Name and Territory of The Union(Article 1)

• Article 1(1)- India, that is Bharat, shall be a Union of States.

• Article 1(2)- The States and the territories thereof shall be as specified in the First Schedule.

Composition of Territory of India[Article 1(3)]

• Article 1(3) The territory of India shall comprise-

(a) The territories of the States;

(b) the Union territories specified in the First Schedule;

(c) and such other territories as may be acquired

Question

• Under which Article the Parliament is empowered to establish a new State…?

Admission or Establishment of New States (Article 2)

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

Question

• Under which Article the Parliament is empowered to alter the name and boundaries of the State…?

Alteration of Areas, Boundaries and Names of Existing States (Article 3)

Parliament may by law-

Article 3(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.

Alteration of Areas, Boundaries and Names of Existing States (Article 3)

(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

Effect of the execution of Article 2 and 3

• Article 4 (1) directs Parliament; to include therein necessary provisions for the amendment of Schedule I & IV.

• Article 4 (2) specifies that Laws relatable to Article 2 or 3 do not amount to Constitutional Amendments for the purposes of Article 368.

• Hence, Parliament pass the Law by simple majority procedure.

Case Laws

• Discussion of Case Laws related with Part I of the Constitution of India.

Question

• Is it possible to cede an Indian territory to a foreign state….?

Cession of Indian Territory to a Foreign State

Cession of Indian Territory to a Foreign State

• Is it possible to cede an Indian territory to a foreign state….?

Yes, it is possible to cede an Indian territory to a foreign state.

In Re Berubari Union and Exchange of Enclaves, AIR 1960 SC 858.

Agreement Between Ind. & Pak.

• With a view to removing causes of tension between India and Pakistan on account of boundary dispute, the Prime Ministers of both the countries entered into an agreement (known as the Indo-Pakistan agreement) settling the boundary dispute.

Reference By the President of India to the Supreme Court of India

• The President of India, in exercise of the powers under Article 143(1) of the Constitution, referred three questions to the Supreme Court for its advice:

• (1) Is any legislative action necessary for the implementation of the Agreement relating to Berubari Union?

• (2) If so, is a law of Parliament relatable to Article 3 of the Constitution sufficient for the purpose or is an amendment of the Constitution in accordance with Article 368 of the Constitution necessary, in addition or in the alternative?

• (3) Is a law of Parliament relatable to Article 3 of the Constitution sufficient for implementation of the agreement relating to Exchange of Enclaves or is an amendment of the Constitution in accordance with Article 368 of the Constitution necessary for the purpose, in addition or in the alternative?

Verdict of Supreme Court

Q. 1. Yes

Q. 2. (a) A law of Parliament relatable to Art. 3 of the Constitution would be incompetent;

(b) A law of Parliament relatable to Art. 368 of the Constitution is competent and necessary;

(c) A law of Parliament relatable to both Art. 368 and Art. 3 would be necessary only if Parliament chooses first to pass a law amending Article 3 as indicated above; in that case Parliament may have to pass a law on those lines under Art. 368 and then follow it up with a law relatable to the amended Art. 3 to implement the agreement.

Q. 3. Same as answers (a), (b) and (c) to Question 2.

In Re Berubari Union and Exchange of Enclaves AIR 1960 SC 858.

• In this case the Supreme Court of India held that ceding Indian territory to a foreign state is outside the scope of Article 3(c), i.e. Parliamentary Legislation.

• For this an amendment under Article 368 of the Constitution is necessary.

Ram Kishore v. UOI, AIR 1966 Sc 644.

• There is need of amendment under Article 368 of the Constitution of India to implement the said agreement.

Babulal v. State of Bombay, AIR 1960 SC 858.

• The Parliament is not bound to accept the views of the State Legislature.

(Article 3)

Examples

• Some examples related with the formation of new states and alteration of the name and boundaries of the States.

Gujarat

• The Bombay Reorganisation Act, 1960 partitioned the State of Bombay to form the new State of Gujarat and to give the name the residue Bombay as Maharashtra

• Thus the State of Bombay was split up into two States-

Maharashtra and Gujarat.

Haryana and Chandigarh

• By the Punjab Reorganisation Act, 1956 the state of Punjab was split up into the State of Punjab, Haryana and Chandigarh. (w.e.f. 1-11-1966).

Chhattisgarh

• The State of Chhattisgarh was created on 1-11-2000 by separating its territory out of the territory of State of Madhya Pradesh by the Madhya Pradesh Reorganisation Act, 2000.

Uttaranchal (Uttrakhand)

• The State of Uttaranchal was created on 9-11-2000 by separating its territory out of the territory of State of Uttar Pradesh by the Uttar Pradesh Reorganisation Act, 2000.

Jharkhand

• By enacting the Bihar Reorgnisation Act, 2000, the State of Jharkhand was created on 15-11-2000 by carving its territory out of the territory.

Composed By

Satendra Kumar Sharma

LL.M. 4th Semester

Noida International University

Gautam Buddh Nagar, Uttar Pradesh.

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Thank You.