Article 1 of the Costitution of India with Case law
Article 1 of the Constitution of India deals with the Name and territory of the Union. Here's a detailed explanation along with relevant case law:
🔹 Article 1 – Name and Territory of the Union
Text of Article 1:
India, that is Bharat, shall be a Union of States.
The States and the territories thereof shall be as specified in the First Schedule.
The territory of India shall comprise –
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
🔍 Explanation:
Clause (1): Declares that India is a Union of States, not a federation formed by agreement, but a union where states do not have the right to secede.
Clause (2): Refers to the First Schedule which lists the states and union territories.
Clause (3): Empowers the Government of India to acquire new territories, which then become part of the territory of India.
📌 Key Features:
India = Bharat: Establishes the dual name formally in the Constitution.
Union of States: Reflects the unitary bias in the Indian federal structure.
Acquisition of Territories: Includes territories acquired by cession, conquest, treaty, or purchase.
⚖️ Relevant Case Laws:
1. Berubari Union Case (1960) – In Re: The Berubari Union and Exchange of Enclaves
Facts: Concerned with the cession of Indian territory (Berubari) to Pakistan under the Nehru-Noon Agreement.
Held: The Supreme Court held that cession of Indian territory to another country requires a constitutional amendment under Article 368.
Significance: Interpreted Article 1(3)(c) and clarified that Parliament cannot cede Indian territory without an amendment.
2. Maganbhai Ishwarbhai Patel v. Union of India (1969)
Facts: Related to the implementation of an agreement with Pakistan to settle boundary disputes.
Held: Parliament can pass laws to implement international treaties or agreements which might result in adjustment of territory, but cession still requires constitutional amendment.
Significance: Reinforced the Berubari judgment.
3. State of West Bengal v. Union of India (1963)
Held: The Supreme Court emphasized that India is an indestructible union of destructible states. States have no sovereignty of their own.
Significance: Strengthened the Union's authority and confirmed that India’s structure is unitary in many respects.
📚 First Schedule (Related to Article 1)
Lists:
28 States and
8 Union Territories (as of 2024).
✅ Summary Points:
India is a Union of States, not just a federation.
States and UTs are listed in the First Schedule.
The Union has the power to acquire territories, but not to cede without constitutional amendment.
Article 1 lays the foundation of Indian political geography and the unitary character of the Union.
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