06-11-2025 Mains Question Answer

Describe procedure for admitting, organising and ceding Indian territory.

06-11-2025

The Constitution of India lays down clear provisions for the admission of new territories, the reorganisation of existing states/union territories, and the cession of Indian territory. These provisions ensure that any change in the territory of India takes place through constitutional means under parliamentary control. Unlike federations where states have inherent powers, in India, the Union holds supremacy over territorial matters.

Constitutional Framework for Territorial Management

  1. Article 1: Defines India as a “Union of States” and establishes the categories of territories – States and Union Territories.
  2. Articles 2-4: Provide the fundamental framework for territorial modifications, including:
    1. Formation of new states.
    2. Alteration of areas, boundaries, or names of existing states.
    3. Admission or establishment of new states.

Procedure for Admitting Territory

    1. Parliamentary Powers: Under Article 2, Parliament can admit new states into the Union or establish new states.
    2. This applies to territories that are not part of India but are subsequently integrated.
  • Historical Examples:
    1. Integration of Sikkim in 1975 through the 35th Constitutional Amendment.
    2. Merger of Puducherry through the Treaty of Cession with France in 1962.
    3. Goa, Daman, Diu (1961): Acquired from Portugal and admitted as a Union Territory by the 12th Constitutional Amendment Act, later Goa achieved statehood in 1987.

Organizing Territory

    1. Article 3 Provisions:
      1. Parliament can form new states.
      2. Increase or diminish the area of existing states.
      3. Alter state boundaries.
      4. Change names of existing states.
  • Procedural Requirements:
      1. President’s recommendation required before introducing such bills.
      2. Affected state legislature’s views must be sought (not binding).
      3. Simple majority needed in Parliament.
  • Examples:
    1. Andhra Pradesh (1953) – First linguistic state.
    2. States Reorganisation Act (1956) – Based on Fazl Ali Commission recommendations, reorganised states largely on linguistic basis.
    3. Chhattisgarh, Jharkhand, Uttarakhand (2000) – Created from MP, Bihar, and UP.
    4. Telangana (2014) – Separated from Andhra Pradesh.
    5. Jammu & Kashmir Reorganisation Act (2019) – Reorganised J&K into two Union Territories (J&K and Ladakh).
    6. Name changes: Orissa → Odisha (2011); Uttaranchal → Uttarakhand (2006).

Cession of Territory

    1. Article 3 does not cover cession of Indian territory to foreign states.
    2. As per Berubari Union Case (1960), Cession of Indian territory requires a constitutional amendment under Article 368.
  • Special Requirements:
    1. Special majority in Parliament (2/3rd of members present and voting).
    2. Absolute majority of total membership.
    3. Presidential assent is mandatory.
  1. Examples:
    1. Indo-Pakistan Agreement (1960): Transfer of Berubari Union to Pakistan – required 9th Constitutional Amendment.
    2. India-Bangladesh Land Boundary Agreement (2015): Exchange of 111 enclaves with Bangladesh, ratified by the 100th Constitutional Amendment.
    3. Kachchatheevu Island (1974): Transferred to Sri Lanka by agreement (still politically contested).

Significance

  1. Ensures parliamentary supremacy and flexibility.
  2. Maintains federal balance by consulting states (though not binding).
  3. Allows India to adapt to historical, cultural, and political realities while maintaining territorial integrity.

India’s constitutional scheme for admitting, organising, and ceding territory is flexible, democratic, and sovereign-controlled. While Articles 2–4 empower Parliament for internal adjustments, Article 368 ensures national consensus in case of cession. This framework has enabled India to integrate princely states, reorganise linguistically diverse units, and peacefully resolve border disputes; strengthening the idea of India as a Union of States.