Part of a series on the |
Constitution of India |
---|
Preamble |
Part I—The Union and Its territories is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of.
This part of the Indian constitution contains the law in establishment, renaming, merging or altering the borders of the states or union territories. It also physically defines the words union / central government / government of India, states, territory of India, territory of a state, union territories and acquired territories which are used frequently in the constitution. This part contains four articles article 1 to 4. These articles were invoked when West Bengal was renamed, and for formation of relatively new states such as Jharkhand, Chhattisgarh, Sikkim and recently Telangana. [1]
Article 1 of the constitution says that India , that is Bharat, shall be a union of states and the territory of India consists of that of the states, union territories specified in the First Schedule and other acquired territories.
The acquired territories can be converted in to a state/states as per Article 2. Jammu and Kashmir were converted into Union territories in 2019. Ladakh was also so converted.
Sikkim was a special case which was included as a completely new type of statehood under a new Article 2A and conditions mentioned in tenth schedule, and was called 'associate state'. But this experiment failed and Sikkim was later added to Indian Union by the Constitutional Amendment Act (1975).
With the seventh amendment to the constitution in 1956, the concept of Union territory is brought in to administer areas which are very small in area or governed by international agreements or politically not evolved for locally elected governance. The representation of seats in the council of states (Rajya Sabha) shall be as given in Schedule 4 of the constitution. The territorial waters and the exclusive economic zones shall also become part of the territories of states or union territories in the absence of any listing of them separately in Schedule 1 and 4 of the constitution. There is no separate representation in parliament though people inhabit on these offshore areas for exploiting resources such as fisheries, oil and gas, etc.
The constitution (40th amendment) act, 1976, was passed during the emergency period and received Presidential assent on 27 May 1976. It amended the Article 297 (earlier also amended by the constitution [15th amendment] act, 1963) so as to vest in Union of India all lands, minerals, and other things of value underlying the ocean within the territorial waters or continental shelf or exclusive economic zone of India. [2]
The territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 was enacted by the Indian government to notify the sovereign rights on these areas for dealings with other countries. [3] However, these maritime zones are also parts of the states as they are not separately listed in schedule 1 of the constitution and the role of union government is limited to mainly defending the offshore territory from external threats. [4] [5]
States are not debarred from imposing taxes or royalty on the minerals extracted from the territorial waters and the exclusive economic zone (which are under states jurisdiction) as per serial no. 50 of state list in seventh schedule (Taxes on mineral rights subject to any limitations imposed by the Parliament by law relating to mineral development) of the constitution. [6] Fisheries including in territorial waters is under state jurisdiction (entry 21 of state list, Schedule 7 of Indian Constitution) except fishing and fisheries beyond territorial waters (entry 57 of union list, Schedule 7 of Indian Constitution) which is under union jurisdiction.
Article 3 talks about Formation of new States and alteration of areas, boundaries or names of existing States:
Article 3 says: 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; or (e) alter the name of any State;
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired
Explanation I: In this article, in clauses (a) to (e), State includes a Union territory, but in the proviso, State does not include a Union territory
Explanation II: The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory
Article 4 is invoked when a law is enacted under Article 2 or 3 for the marginal, incidental and the consequential provisions needed for changing boundary of a state or union territory. As per Article 4 (2), no such law framed under Article 4 (1), shall be deemed to be an amendment of the constitution for the purposes of article 368.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.
In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters. The United States asserts sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of territory is all the area belonging to, and under the dominion of, the United States federal government for administrative and other purposes. The United States total territory includes a subset of political divisions.
India is a federal republic comprising 28 states and 8 union territories. The states and union territories are further subdivided into districts and smaller administrative divisions.
Territorial waters are informally an area of water where a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is often used as a synonym for the territorial sea.
An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine resources, including energy production from water and wind. EEZ does not define the ownership of any maritime features within the EEZ.
The Svalbard Treaty recognises the sovereignty of Norway over the Arctic archipelago of Svalbard, at the time called Spitsbergen. The exercise of sovereignty is, however, subject to certain stipulations, and not all Norwegian law applies. The treaty restricts military uses of the archipelago, but it is not demilitarized. The signatories were given equal rights to engage in commercial activities on the islands. As of 2023, Norway and Russia make use of this right.
A Member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature.
The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered 'Fundamental' in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to socialjustice, economic welfare, foreign policy, and legal and administrative matters.
The 42nd amendment, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi.
The Arctic consists of land, internal waters, territorial seas, exclusive economic zones (EEZs) and international waters above the Arctic Circle. All land, internal waters, territorial seas and EEZs in the Arctic are under the jurisdiction of one of the eight Arctic coastal states: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States. International law regulates this area as with other portions of Earth.
For the government of India, Part XI of the Constitution of India – consists of Articles on Relations between the Union and States.
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
A union territory is a type of administrative division in the Republic of India. Unlike the states of India, which have their own governments, union territories are federal territories governed, in part or in whole, by the Union Government of India. There are currently eight union territories in India, namely, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi, Jammu and Kashmir, Ladakh, Lakshadweep and Puducherry.
The Constitution of India establishes the structure of the Indian government, including the relationship between the federal government and state governments. Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing, respectively, the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them.
The National Commission for Backward Classes is an Indian constitutional body under the jurisdiction of Ministry of Social Justice and Empowerment, Government of India established through Constitution Act, 2018 this amendment act in the constitution to make it a constitutional body under Article 338B of the Indian Constitution. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.
A twenty-three-part referendum was held in Palau on 4 November 2008 alongside the country's general elections. Voters were asked questions on requirements of citizenship to hold office, government provision of primary school and health care, the definition of marriage and term limits for Parliament. Only the proposal permitting naturalization for certain adoptees failed to obtain the requisite majority of the vote and majority in 3/4th of the states.
The Union List, also known as List-I, is a list of 97 numbered items given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate. The legislative section is divided into three lists: the Union List, State List and Concurrent List. In India, residual powers remain with the Central Government. This makes the government of India similar to the Canadian federal government, and different from the governments of the United States, Switzerland, or Australia.
The Fourteenth Amendment of the Constitution of India, officially known as The Constitution Act, 1962, incorporated Pondicherry as the ninth Union territory of India, and also gave Parliament the authority to create by law, Legislatures and Councils of Ministers for the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Puducherry.
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.
The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are defined primarily under its articles 245 and 246. The Seventh Schedule to the Constitution of India specifies the allocation of powers and functions between the Union and the State legislatures. It embodies three lists; namely, the Union List, the State List, and the Concurrent List. The Union list enumerates a total of 97 subjects over which the power of the Union parliament extends. Similarly, the State list enumerates a total of 66 subjects for state legislation. The schedule also spells out a Concurrent list embodying a total of 47 subjects on which both the Union parliament and the state legislatures are empowered to legislate, though this is subject to the other provisions of the constitution that give precedence to the union legislation over that of the states.