Article 01 of the Indian Constitution comes under Part 1 of the Constitution which is titled “The Union and Its Territory” and talks briefly about the Names and territorial extent of India, along with the procedure and laws to be followed while establishing/admitting new states or altering the existing borders of the states or changing the names of the states.
Name and Territory of the Union.
- India, that is Bharat, shall be a Union of States.
- The States and the territories thereof shall be as specified in the First Schedule.
- 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.
Significance of Article 01
- “India, that is Bharat” this line is the result of a heated debate in the Constituent Assembly, as there was no unanimity regarding the name of the nation for which they were preparing the constitution.
It was “Traditional Name Vs Modern Name” or one can say it was “Bharat Vs India”, and as a result to end the deadlock, both were included completing each other, and signifying that there is ‘No Bharat without India’ and there is ‘No India without Bharat’.
- The Constitution of India is based on the Federal structure but the country is described as a “Union of States” this is because Indian Federation was not created with an agreement between India and the states, and the Indian states, unlike American states, have no right to secede from the federation, and hence Indian federation is ‘Indestructible’ in nature.
Indian states are divided only for the convenience to govern them.
- ‘Territory of India’ term is widely used instead of ‘Union of India’ because the Territory includes States, Union Territories, and regions acquired by India over time.
- First Schedule is the supporting document of Article 01, as it mentions the exact extent of the states and union territories.
- All the provisions of the Constitution are applicable to the States, except for any special provisions prescribed by the Constitution itself, which can overrule Part 1 of the Constitution.
Currently, Maharashtra & Gujarat (Article 371), Nagaland (Article 371A), Assam (Article 371B), Manipur (Article 371C), Andhra Pradesh & Telangana (Article 371D), Sikkim (Article 371F), Mizoram (Article 371G), Arunachal Pradesh (Article 371H), Goa (Article 371I), Karnataka (Article 371J) override the Part 1 along with the states included in Fifth Schedule and Sixth Schedule
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