Constitutional Provisions — Overview
- Part: Part 1 | Articles: 1–4 | Schedule: 1st Schedule
- Bill requires prior approval of President before being introduced in Parliament
- President is NOT obligated to seek opinion of State Legislative Assembly
Article 1
Name & Territory of India
-
Bharat means India — Territory includes: States, UTs, territories acquired by Govt of India
- States do NOT have the right to secede
-
No agreement-based formation of states
- India = Indestructible Union of Destructible States
Article 2
Admission / Establishment of New States
- Admission of new States into the Union
- Inclusion of states already in existence
- States not yet included in Union — can be admitted
- Example: Sikkim
→ 35th Amendment 1974: Associated State Status
→ 36th Amendment 1975: Full Statehood
Article 3
Reorganization / Alteration of States
- Parliament can change area, name & boundaries of a State by simple majority
- Example: Jammu & Kashmir Reorganization Act, 2019
- Creation of new states:
→ By separating / joining part of an area
→ By merging one state into another
- India ≠ USA: USA = federation by agreement between states. India = Parliament decides.
Article 4
No Constitutional Amendment Needed
- Changes under Article 2 & 3 do NOT require Article 368 amendment
- Can be done by Simple Majority (more than 50% of members present & voting)
Important Cases
| Case |
Year |
Key Point |
| Berubari Case |
1960 |
Transfer of Indian territory to another country → requires Constitutional Amendment
|
| 100th Amendment |
2015 |
India-Bangladesh Land Boundary Agreement |
| Maganbhai Patel vs. Union of India |
1969 |
Boundary dispute between India & another country → NO Constitutional Amendment needed;
executive can settle |
State Reorganization History
- In 1950: Indian states classified into 4 categories — A, B, C, D
- State Reorganization Act: 1956
- 7th Constitutional Amendment 1956: State reorganization on language basis + Integration of UTs
- Result: 14 States & 6 UTs created
Key Committees / Commissions
| Date |
Commission / Committee |
Recommendation |
| June 1948 |
SK Dhar (Linguistic Provincial Committee) |
Linguistic Basis ✗ | Administrative Convenience ✓ |
| Dec 1948 |
JVP Committee (Jawaharlal, Vallabhbhai, Pattabhi) |
Linguistic Basis ✗ |
| Dec 1953 |
Fazl Ali Commission
(Members: K.M. Panikkar, H.N. Kunzru) |
Linguistic Basis ✓ | One Language One State ✗
Recommended: 16 States & 3 UTs
|
First State on Linguistic Basis
-
Andhra Pradesh (1953) — carved from Madras State
- Demand led by Potti Sriramulu (who died on fast)
States Formed After 1950
Memory Trick
State-formation sequence initials: A–M–G–N–H–M–M–S–G–M
1953Andhra PradeshAa
1960MaharashtraM
1960GujaratGu
1963NagalandNa
1966HaryanaH
1971Himachal PradeshHi
1972MeghalayaMegh
1972ManipurMan
1972TripuraTra
1975SikkimSi
1987GoaG
1987Arunachal PradeshAr
1987MizoramMi
Same-Year States
Which two States were created in 1960?
Maharashtra + Gujarat (Bombay State split)
Which three States were created in 1972?
Meghalaya + Manipur + Tripura
Which three States were created in 1987?
Goa + Arunachal Pradesh + Mizoram
Which was the first State created after 1950?
Andhra Pradesh (1953) — linguistic basis
Special Provision Articles (Art. 371 Series)
| Article |
State(s) |
Special Note |
| 371 |
Maharashtra & Gujarat |
— |
| 371A |
Nagaland |
— |
| 371B |
Assam |
— |
| 371C |
Manipur |
— |
| 371D |
Andhra Pradesh & Telangana |
— |
| 371F |
Sikkim |
— |
| 371G |
Mizoram |
— |
| 371H |
Arunachal Pradesh |
— |
| 371I |
Goa |
— |
| 371J |
Karnataka |
98th Amendment 2012 |
Sikkim — Special Journey
- 35th Amendment 1974: Sikkim got Associated State Status
- 36th Amendment 1975: Sikkim got Full Statehood (22nd State)
- Special provision under Article 371F
⚠️ Exam Traps
Trap #1 — India = Indestructible Union of Destructible States
Article 1 describes India as an indestructible Union of destructible States: state boundaries may be altered, but the Union itself cannot be dissolved.
Trap #2 — Article 3 — Simple Majority
Under Articles 3 and 4, Parliament may alter State boundaries by a simple majority; the law is not treated as an amendment under Article 368.
Trap #3 — Opinion of the State Legislature
The President must refer the proposal to the State Legislature for its opinion before the Bill is introduced in Parliament, but the State's consent is not binding on Parliament.
Trap #4 — SK Dhar vs Fazl Ali Commission
The S. K. Dhar Commission (1948) rejected language as the primary basis and favoured administrative convenience. The Fazl Ali Commission (1953) accepted linguistic reorganisation but rejected the idea of one language for one State.
Trap #5 — First Linguistic State
Andhra State was formed in 1953 as the first State created on a linguistic basis after independence, following Potti Sriramulu's fast unto death. It preceded the Fazl Ali Commission's report.
Trap #6 — Berubari vs Maganbhai Case
Berubari (1960) held that ceding Indian territory to another country requires a constitutional amendment. Maganbhai Patel (1969) held that an executive agreement may settle a boundary dispute if it does not involve cession of Indian territory.
⚡ Quick Recall Cards
Articles 1–4
What does Article 1 state?
Bharat = India; Territory (states + UTs + acquired territories); Indestructible Union
What does Article 2 provide?
Admission of new States (for example, Sikkim)
What does Article 3 provide?
Alteration of a State's area, name or boundary by a simple majority
What does Article 4 provide?
Art. 2 & 3 changes = NO Art. 368 amendment needed
J&K Reorganization Act?
2019 — under Article 3
Reorganization Committees
SK Dhar — recommendation?
1948 — Administrative Convenience (Linguistic Basis ✗)
JVP Committee — recommendation?
Dec 1948 — Linguistic Basis ✗
Fazl Ali Commission — members?
Chairman: Fazl Ali; Members: K.M. Panikkar, H.N. Kunzru (1953)
Fazl Ali — recommendation?
Linguistic Basis ✓ | One Lang One State ✗ | 16 States + 3 UTs
1956 Act result?
14 States + 6 UTs
Sikkim
35th Amendment (1974)?
Sikkim — Associated State Status
36th Amendment (1975)?
Sikkim — Full Statehood
Which Article contains special provisions for Sikkim?
Article 371F
State Formation Trick — YEARS
Trick sentence?
State-formation sequence initials: A–M–G–N–H–M–M–S–G–M
1953 — state?
Andhra Pradesh (1st linguistic state)
1987 — 3 states?
Goa + Arunachal Pradesh + Mizoram
Special Provision — Art. 371
371J?
Karnataka (98th Amendment 2012)
371?
Maharashtra & Gujarat