16-10-2025 Mains Question Answer
Explain the idea of 'Union of States' with constitutional provisions on the State's power to organise territory.
The concept of ‘Union of States’ reflects India’s unique federal structure, as enshrined in Article 1 of the Constitution which declares “India, that is Bharat, shall be a Union of States.” This foundational principle emerged from the historical context of post-independence integration of princely states and the need for a strong center to maintain national unity.
Constitutional Framework of Union of States
The Constitution establishes a federal polity with unitary features, where states derive their existence from the Union, unlike the USA where states came together to form the federation.
| Constitutional Provisions | Description |
| Article 1: India as a Union of States | Declares India to be a Union rather than a federation. Significance: 1. Indestructible Union: Deny any right of secession to the states. Emphasize unity over separatism 2. Flexible Federation: Reaffirm that the Union’s integrity is permanent, while the territorial composition of states is flexible. 3. Center-State Relations: Creates a balanced framework for cooperation while maintaining central supremacy. |
| Article 2: Admission or Establishment of New States | Empowers Parliament to admit new states into the Union or establish new ones on such terms and conditions as it thinks fit. Applies mainly to territories outside India that may be integrated. |
| Article 3: Reorganisation 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 Examples: Telangana (2014): Carved out of Andhra Pradesh. Jharkhand, Chhattisgarh, Uttarakhand (2000): Carved from Bihar, Madhya Pradesh, and Uttar Pradesh respectively. Jammu & Kashmir Reorganisation Act, 2019: Split into two Union Territories: J&K and Ladakh. |
| Article 4: No Need for Constitutional Amendment | Clarifies that laws enacted under Articles 2 and 3: 1. Are not constitutional amendments under Article 368. 2. Can include consequential changes to other provisions (e.g., Schedules 1 and 4). Allows flexibility and ease of reorganisation via simple majority in Parliament. |
Parliamentary Powers and Limitations
- Presidential Reference: Any bill affecting state territories requires the President’s recommendation before introduction in Parliament.
- State Legislature Consultation: The President must refer such bills to the affected state legislature for expressing views.
- Time-bound Process: State legislature must communicate its views within a specified period.
India’s constitutional framework of ‘Union of States’ exemplifies a unique blend of unity and diversity, ensuring national integration while preserving regional identities. It grants Parliament the power to reorganise states, reflecting a flexible federal structure that maintains a strong Centre while accommodating evolving political, cultural, and regional aspirations.