Article 1, Union of states: The analysis
Article 1 of the Indian constitution states that India, ie Bharat is a union of states which reflects the intention of makers who wanted to establish the union as an indestructible unit. Unlike other countries, it is not an agreement within states. It also states that no state can withdraw formally from the federation. During the drafting of the constitution, several other names were proposed such as Bharatvarsh, Bharatbhoomi. Other than the union of states it was suggested to name it as the union of republics of India or unions of socialist republics of India.
Shri H.V Kamath suggested that name of the country should be changed as done in the Irish constitution as it was done in the Irish constitution on gaining freedom. Seth Govind Das reflected that the word India is nowhere to be found in Indian ancient text. It was when the Greeks visited India. They named the river Sindhu as Indus further from which the word India was derived. He brought to attention the mention of the word “Bharat” in Vishnu and Brahma Purana. During the drafting of the issues were raised as to the use of the phrase union of states, it was argued that there might exist a conflict on the constitutional status of the states. Article 1(2) talks about the specification of state and union territories in the first schedule.
On independence, it was observed that there were certain regions that were not a part or were very small to be termed as a state hence the constitutional amendment was passed in 1956 under the state reorganization act. These units were made dependent on the central government. The administrative powers of the same lied with the union government. Article 1(3) specified the territory will include states and union territories specified in the first schedule of the Indian constitution. Delhi and Puducherry achieved special status by constitutional amendment and achieved partial statehood that is they have their own elected legislature and government. Other union territories do not have elected government they have governors as the administrative heads who are appointed by the president. Union territories do not have autonomous powers. These are administered and controlled by central governments.
Article 1(3)(c) states that Indian territory will comprise other territories as may be acquired in the future. To gain any unfamiliar domain no parliamentary enactment is needed as the sovereign state has an inalienable ability to get any region. In Re: The Berubari it was held that this article does not confer any power to acquire foreign territories but simply perceives programmed assimilation of such domains as might be gained by India in its sovereign right and, therefore, doesn’t bar by suggestion, the capacity to cede national region.
Member of the drafting committee had proposed the addition of the word socialist, secular federal to the phrase union of states as preamble was not adopted till then. They were of the view that the first article of the constitution should reflect the aspirations of the constitution.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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