Union and Its Territories

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Union and Its Territories

Key Constitutional Provisions:

• Article 2 → Deals with the admission or establishment of new states from external territories into India.
• Article 3 → Governs the internal reorganization of states and Union Territories (UTs).
  • The 18th Constitutional Amendment Act (CAA) extended this provision to UTs as well.

Conditions for Alteration of State Boundaries (Article 3):

1. Bill can be introduced in Parliament only with the prior recommendation of the President.
2. The President must refer the bill to the concerned State Legislature to express its views within a specified time.
   • However, this provision does NOT apply to Union Territories (UTs).

• Article 4 → Any law made under Articles 2 and 3 is not considered a constitutional amendment under Article 368.

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Berubari Union Case, 1960

• The Supreme Court ruled that Article 3 does NOT cover the cession of Indian territory to a foreign country.
• Cession of territory requires a Constitutional Amendment under Article 368.
• However, if the change is part of a boundary settlement (e.g., demarcation disputes), then no constitutional amendment is needed → It can be done through executive action.

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