Part I (Detailed Analysis of Articles )

On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft Constitution, the Assembly moved, discussed, and disposed of as many as 2,473 amendments out of a total of 7,635 tabled.

Currently, the Constitution of India has 448 articles in 25 parts and 12 schedules. There are 104 amendments that have been made in the Indian constitution up to January 25, 2020. There are 448 articles in 25 parts, 12 schedules, and 5 appendices with more than 100 amendments to the Indian Constitution. Not every article of the Indian Constitution is a must-to know for UPSC Exams.

Part I of the Indian Constitution: “The Union and its Territory” (Articles 1–4)

Part I lays the foundation of the Indian Union, defining its political geography, and setting out the process for altering state boundaries, creating new states, and integrating 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 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, and
  • (c) any territory that may be acquired.

Key Points:

• India is called a “Union” to emphasize its indestructible nature.
• Refers to First Schedule, which lists all states and UTs.
• Allows inclusion of new territory (e.g., Sikkim in 1975).

Example:

• Sikkim became a part of India via the 36th Amendment Act, 1975. It was added to the First Schedule under Article 1(2).

Why “Union” and not “Federation”?

• Dr. B.R. Ambedkar explained that “Union” implies unity is indestructible, unlike the U.S., where states have the right to secede.

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.

Key Powers of Parliament:

• Admit new territories (e.g., integration of Goa, Daman & Diu from Portugal in 1961).
• Establish a new state from foreign territory or an existing Union Territory.

Example:

• Goa admitted as a Union Territory in 1961 and later became a state in 1987.
• Sikkim was made an associate state first, then a full state via constitutional amendment.

Relevant Amendment:

• 36th Amendment Act, 1975: Made Sikkim the 22nd state.

Article 3 – Formation of New States and Alteration of Areas, Boundaries or Names of Existing States

Parliament may by law:

• Form a new state by separation or uniting states/UTs,
• Increase or decrease the area of any state,
• Alter boundaries or names of states.

Procedure:

1. Bill introduced only in Parliament with President’s recommendation.
2. If it affects a state, the President refers it to that state’s legislature for views.
3. State legislature has no veto, Parliament may act regardless of their opinion.

Important: No constitutional amendment is needed for these changes.

Examples:

• Telangana formation (2014) by bifurcation of Andhra Pradesh.
• Uttarakhand, Chhattisgarh, Jharkhand formed in 2000.

Case Reference:

• Babulal Parate v. State of Bombay (1960): SC upheld Parliament’s supremacy under Article 3 even when a state legislature disagreed.

Article 4 – Laws made under Articles 2 and 3 not to be considered amendments under Article 368

Key Point:

• Any changes made under Articles 2 or 3 (e.g., state formation, boundary change) are not constitutional amendments under Article 368.
• Such laws can be passed by a simple majority.

Examples:

• 1956: States Reorganisation Act reorganized states based on language using Articles 3 and 4.
• 2019: Jammu & Kashmir reorganized into 2 Union Territories through J&K Reorganisation Act, under Article 3.

Key Amendments Related to Part I

Judicial Interpretation

• Berubari Union Case (1960):
  • Transfer of Indian territory to Pakistan requires constitutional amendment under Article 368.
  • Parliament cannot cede territory under Article 3 or 4 alone.

Conclusion

Part I lays the geopolitical and structural foundation of the Union of India.

• Emphasizes central supremacy in matters of territory and statehood.
• Useful for answering questions on state formation, federalism, center-state relations, and recent reorganizations (e.g., J&K, Ladakh, Telangana).