The Union & Territories

The Union & Territories

Part-1

Article 1-4

Introduction: Constitutional Provisions

Part I of Indian Constitution deals with topics of "The Union and its Territories", (Article 1- 4). At present the number of States are 28 and 8 Union Territories in India.

ARTICLES                                               PROVISION

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: 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

According to Article 1 India, that is, Bharat shall be a ‘Union of States’.                                                                        Dr. B.R. Ambedkar said in the Constituent Assembly that the Indian federation was a “Union” because it was Indissoluble, and no State had a right to secede from the Indian Union. According to him: “The Drafting Committee wanted to make it clear that though India was to be a federation, the federation was not the result of an agreement by the States to join in a federation, and no State has the right to secede from it. The federation is a Union because it is indestructible. Though the country and the people may be divided into different states for convenience of administration, the country is one integral whole. The Drafting Committee thought that it was better to make it clear at the outset rather than to leave it to speculation or to dispute.”

The phrases ‘Union of India’ and ‘Territory of India’ need to be distinguished. The Union of India includes only the States which enjoy the status of being members of the federal system and share a distribution of powers with the Union. Whereas the expression “Territory of India” includes not only the States, but also the Union Territories and such other territories as may be acquired by India.

ARTICLE 2: ADMISSION OR ESTABLISHMENT OF NEW STATES

After independence the territories of the princely states were politically integrated into the Indian Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. Example the French settlements of Pondicherry, Karaikal, Mahe and Yanam and the Portuguese settlements of Goa, and Daman and Sikkim, etc., were integrates into India by the parliament.

Article 2 relates to admission or establishment of new states that were/are not part of the India.

Article 3. Formation of new States and alteration of areas, boundaries or names of existing States:-
Parliament may by law—
1. 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.
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.
Article 3 deals with establishment or creation of new states after reorganization of existing states which are already parts of India.

What is the Parliamentary procedure in this regard?

A Bill can be introduced in either House of the Parliament, only on the recommendation of the President. If such a Bill affects the boundary or name of a State, then the President, before introducing it in the Parliament, shall refer the Bill to the State Legislature concerned for its opinion, fixing a time limit within which an opinion may be expressed by the State Legislature. The President may extend the time limit so specified. If the State Legislature fails to express an opinion within the stipulated time limit then it is deemed that it has expressed its views. If it submits its views within the period so specified or extended, Parliament is not bound to accept or act upon the views of the State Legislature. Further, it is not necessary to make fresh reference to the State Legislature every time an amendment to the Bill is proposed and accepted. The Bill need to be passed with a simple majority.

In the case of Union Territories, it is not necessary to obtain the views of Legislatures of Union Territories before a Bill affecting their boundaries or names is introduced. 

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. 

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.

Article 4 allows for following changes:-

1. The First Schedule (names of the States in the Union of India) 

2. The Fourth Schedule (number of seats each State is allotted in the Rajya Sabha).

It also says that says that no law altering existing States or creating a new State will be considered a constitutional amendment. 

Evolution of Indian States and Union Territories:

Before Independence:-

During the British period India was divided into two administrative units (also called Presidencies) those units which were directly governed by the British was known as British India and Princely States which were nominally controlled by a local prince or raja, loyal to the British Empire.

After Independence:-

After independence the territories of the princely states were politically integrated into the Indian Union. The new Constitution of India, which came into force on 26 January 1950, made India a sovereign democratic republic. The new republic was also declared to be a "Union of States".

The constitution of 1950 distinguished between four main types of states:

Part-A states, which were the former governors' provinces of British India, were ruled by an elected governor and state legislature. There were 9 states under Part-A, namely Assam, Bihar, Bombay (formerly Bombay Province), East Punjab, Madhya Pradesh (formerly Central Provinces and Berar), Madras, Orissa, Uttar Pradesh (formerly the United Provinces), and West Bengal.

Part-B states were former princely states or groups of princely states and were governed by a Rajpramukh, who was usually the ruler of a constituent state, and an elected legislature. The rajpramukh was appointed by the President of India. There were 8 states under Part B, namely Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU), Rajasthan (formerly Rajputana Agency), Saurashtra, and Travancore-Cochin.

Part-C states included both the former chief commissioners' provinces and some princely states, and each was governed by a chief commissioner appointed by the President of India. There were 10 states under Part C, namely Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura, and Vindhya Pradesh.

Part-D state included the Andaman and Nicobar Islands, which were administered by a lieutenant governor appointed by the union government
The Era of Commissions:

Since independence the demand for re-organization of States was holding ground in different parts of India. And on this issue constitution makers had varied views, and the Constituent Assembly did not have sufficient time to look into the matter so they appointed Commissions to look into the matter.

Dhar Commission: 
The integration and merger of princely states was purely ad hoc arrangement and there was need for reorganization of states on a permanent basis. In June 1948, the Constituent Assembly announced the setting up of the Linguistic Provinces Commission, under the chairmanship of S.K. Dhar,a judge of the Allahabad High Court, to examine the feasibility of state re-organization. The Commission in its report recommended that the reorganization of States should be on the basis of administrative convenience rather than linguistic basis.
J.V.P Committee: 

The Dhar Commission report created general disappointment and led to the appointment of another Linguistic Provinces Committee by the Congress in December 1948, consisting of three members, namely, Jawahar Lal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as J.V.P Committee. In its report,the committee reaffirmed the position of the Dhar Commission.The committee also dismissed the idea of reorganization of states on a linguistic basis.

First Linguistic State:In 1953, the government was forced to create a separate state of Andhra Pradesh for Telugu-speaking people following the long-drawn agitation and death of Potti Sriramulu after a hunger strike for 56 days.Thus,the first linguistic state of Andhra Pradesh was created.

Fazl Ali Commission:

After the formation of Andhra Pradesh, demand for creation of states on linguistic basis increased in different parts of country. On December 22, 1953, Jawaharlal Nehru announced the appointment of a commission under Fazl Ali to consider this issue. The other two members of the commission were K.M Panikkar and H.N Kunzru.The commission submitted its report after taking into account the wishes and claims of people in different regions. The Commission suggested the abolition of the four-fold classification of states under the original Constitution and recommended creation of 16 states and 3 centrally administered territories. The Commission also laid down the following four major principles as the basis of reorganization:-

1. Preserving and strengthening of the security and unity of the country;

2. Financial, economic and administrative viability;

3. Linguistic and cultural homogeneity;

4. Scope for successful working of plans of development.

However, the government did not accept these recommendations in toto. While accepting Commission’s recommendation to do away with the four-fold distribution of states as provided under the original Constitution.
The States Reorganization Act, 1956

By the States Reorganization Act, 1956 and 7^th  Constitutional Amendment Act of 1956, the distinction between the Part A and B States was done away with and part C States were abolished. Instead, the Act divided the country into 14 states and 6 union territories under the States Reorganization Act 1956.

The 14 states were : Andhra Pradesh, Assam, Bihar, Bombay, Jammu and Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh and West Bengal.

The six union territories were Andaman and Nicobar Islands, Delhi, Himachal Pradesh, Laccadive, Minicoy and Amindivi Islands, Manipur and Tripura.

The Act was implemented in November, 1956.

New States and Union Territories after 1956

1. The Bombay Re-organisation Act, 1960, divided the State of Bombay to establish the two States of Gujarat and Maharashtra.

2.  The State of Nagaland Act, 1962 created Nagaland as a separate State.

3. The Punjab Re-organization Act, 1966 divided Punjab into Punjab and Haryana.

4. New State of Himachal Pradesh comprising of the existing Union Territory of Himachal Pradesh was established by the State of Himachal Pradesh Act, 1970.

5. New States of Manipur, Tripura, Meghalaya and Union Territories of Mizoram and Arunachal Pradesh were established by North pastern Areas (Re­organization) Act. 1971. Later Mizoram and Arunachal Pradesh achieved statehood by State of Mizoram Act, 1986 and State of Arunachal Pradesh Act, 1986.

6. New State of Sikkim was established by Constitution (36th Amendment) Act, 1975.

7. The State of Goa Act, 1987 incorporated Goa as a separate State of the Union.

Chhattisgarh was formed as a result of Madhya Pradesh Re-organization Act, 2000 which came into being on November 1, 2000.

8. Uttaranchal came into existence by Uttar Pradesh Re-organization Act, 2000 on 8th November, 2000, comprising the northern districts of Kumaon and Garhwal hills of Uttar Pradesh.

9. The State of Jharkhand was established by Bihar Re-organization Act, 2000 on 15th November, 2000, by comprising eighteen southern districts of Chhota Nagpur and Santhal Pargana areas of Bihar.

10. The State of Telangana was created by Andhra Pradesh Re-organization Act, 2014 and came into being on 2nd June 2014.

11. Two union territories, Jammu and Kashmir, and Ladakh were created by the Jammu and Kashmir Reorganization Act, 2019 and this act came into effect on October 31, 2019.

12. The Union Territory of Dadra and Nagar Haveli and Daman and Diu were created by The Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019 and this act came into effect on 26 January 2020.

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Preparing for test series:The test series are certainly a great contributing factor for aspirants who desire to appear for Civil Services Examinations. Clearing these test series act as a stepping stone to the success of taking  Civil Services Examination. Modern day technology has permitted mock tests, which is an excellent method to prove your status in cracking Civil Services Examinations .These test series can be taken through e-learning sites. Your position and score attained can be an indicator of your performance in the actual prelims/mains examination. Another essential point that you should realize is that you can solve the questions in the test series satisfactorily, only if you have in-depth knowledge of the subjects. It is believed that studying constantly the syllabus covered in the class room holds the key to your success. Even if you may feel discouraged at certain moments your continuous and steady preparation will yield positive results.

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U.P.S.C

                          HISTORICAL PERSPECTIVE:

Civil Servants for the East India Company used to be nominated by the Directors of the Company and thereafter trained at Hailey bury College in London and then sent to India. Following Lord Macaulay’s Report of the Select Committee of British Parliament, the concept of a merit based modern Civil Service in India was introduced in 1854. The Report recommended that patronage based system of East India Company should be replaced by a permanent Civil Service based on a merit based system with entry through competitive examinations. For this purpose, a Civil Service Commission was setup in 1854 in London and competitive examinations were started in 1855. 

Initially, the examinations for Indian Civil Service were conducted only in London. Maximum age was 23 years and minimum age was 18 years. The syllabus was designed such that European Classics had a predominant share of marks. All this made it difficult for Indian candidates. Nevertheless, in 1864, the first Indian, Shri Satyendranath Tagore brother of Shri Rabindaranath Tagore succeeded. Three years later 4 other Indians succeeded. Throughout the next 50 years, Indians petitioned for simultaneous examinations to be held in India without success because the British Government did not want many Indians to succeed and enter the ICS. 

It was only after the First World War and the Montagu Chelmsford reforms that this was agreed to. From 1922 onwards the Indian Civil Service Examination began to be held in India also, first in Allahabad and later in Delhi with the setting up of the Federal Public Service Commission. The Examination in London continued to be conducted by the Civil Service Commission. Similarly, prior to independence superior police officers belonged to the Indian (Imperial) Police appointed by the Secretary of State by competitive examination. The first open competition for the service was held in England in June, 1893, and 10 top candidates were appointed as Probationary Assistant Superintendents of Police. Entry into Imperial Police was thrown open to Indians only after 1920 and the following year examinations for the service were conducted both in England and India.

Indianisation of the police service continued to be very slow despite pronouncement and recommendations of the Islington Commission and the Lee Commission. Till 1931, Indians were appointed against 20% of the total posts of Superintendents of Police. However, because of non availability of the suitable European candidates, more Indians were appointed to the Indian Police from the year 1939 onwards. Regarding Forest Service, British India Government started the Imperial Forest Department in 1864 and to organize the affairs of the Imperial Forest Department, Imperial Forest Service was constituted in 1867. From 1867 to 1885, the officers appointed to Imperial Forest Service were trained in France and Germany. Till 1905, they were trained at Coopers Hill, London. In 1920, it was decided that further recruitment to the Imperial Forest Service would be made by direct recruitment in England and India and by promotion from the provincial service in India. 

After independence, the Indian Forest Service was created in 1966 under All India Service Acts 1951. Regarding Central Civil Services, the Civil Services in British India were classified as covenanted and uncovenanted services on the basis of the nature of work, pay-scales and appointing authority. In 1887, the Aitchinson Commission recommended the reorganization of the services on a new pattern and divided the services into three groups-Imperial, Provincial and Subordinate. The recruiting and controlling authority of Imperial services was the ‘Secretary of State’. Initially, mostly British candidates were recruited for these services. The appointing and controlling authority for Provincial services was the respective provincial government, which framed rules for these services with the approval of the Government of India. With the passing of the Indian Act 1919, the Imperial Services headed by the Secretary of State for India, were split into two-All India Services and Central Services. The central services were concerned with matters under the direct control of the Central Government. Apart from the Central Secretariat, the more important of these services were the Railway Services, the Indian Posts and Telegraph Service, and the Imperial Customs Service. To some of these, the Secretary of State used to make appointments, but in the great majority of cases their members were appointed and controlled by the Government of India. 

The origin of the Public Service Commission in India is found in the First Dispatch of the Government of India on the Indian Constitutional Reforms on the 5th March, 1919 which referred to the need for setting up some permanent office charged with the regulation of service matters. This concept of a body intended to be charged primarily with the regulation of service matters, found a somewhat more practical shape in the Government of India Act, 1919. After passing of the Government of India Act, 1919, in spite of a prolonged correspondence among various levels on the functions and machinery of the body to be set up, no decision was taken on setting up of the body. 

The subject was then referred to the Royal Commission on the Superior Civil Services in India (also known as Lee Commission). The Lee Commission, in their report in the year 1924, recommended that the statutory Public Service Commission contemplated by the Government of India Act, 1919 should be established without delay, it was on October 1, 1926 that the Public Service Commission was set up in India for the first time. It consisted of four Members in addition to the Chairman. 

Sir Ross Barker, a member of the Home Civil Service of the United Kingdom was the first Chairman of the Commission. The functions of the Public Service Commission were regulated by the Public Service Commission (Functions) Rules, 1926 framed under sub-section (2) of Section 96(C) of the Government of India Act, 1919. 

Therefore, in terms of the provisions of the Government of India Act, 1935 and with its coming into effect on 1st April, 1937, the Public Service Commission became the Federal Public Service Commission. With the inauguration of the Constitution of India in January 26, 1950, the Federal Public Service Commission came to be known as the Union Public Service Commission, and the Chairman and Members of the Federal Public Service Commission became Chairman and Members of the Union Public Service Commission by virtue of Clause (1) of Article 378 of the Constitution.

Constitutional Provisions:

Article-315. Public Service Commissions for the Union and for the States.

Article-316. Appointment and term of office of members.

Article-317. Removal and suspension of a member of a Public Service Commission.

Article-318. Power to make regulations as to conditions of service of members and staff of the Commission.

Article-319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

Article-320. Functions of Public Service Commissions.

Article-321. Power to extend functions of Public Service Commissions.

Article-322. Expenses of Public Service Commissions.

Article-323. Reports of Public Service Commissions.

Functions of U.P.S.C

Under Article 320 of the Constitution of India, the Commission is, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts. The functions of the Commission under Article 320 of the Constitution are:

1.       Conduct examinations for appointment to the services of the Union.

2.       Direct recruitment by selection through interviews.

3.       Appointment of officers on promotion / deputation / absorption.

4.       Framing and amendment of Recruitment Rules for various services and posts under the Government.

5.       Disciplinary cases relating to different Civil Services.

6.      Advising the Government on any matter referred to the Commission by the President of India.

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It is the conviction of Civil Services Preparation(C.S.P) that individuals operates and deliver their best only when they are suitably trained to manage themselves and their potential. Integral to this, our courses address the following concerns:

» An over view about what it takes to be civil servant.

» The ability to integrate relevant issues on holistic viewpoint.

» The powerful distinction between answer writing requisites according to the demands of a question.

» The control and the skill to create effective and novel insights into otherwise obvious issues.

» The art of powerful presentation in person and in the written or the spoken word.

» The ability to communicate one's viewpoint with confidence and conviction and that accurately and effectively.

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