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Explanation of Articles 1 to 4 of the Constitution

Article -1 - Name and Territory of the Union

(1) India, that is Bharat, shall be a Union of States.

[ (2) The States and the territories thereof shall be as specified in the First Schedule.]

(3)The territory of India shall comprise —

(a) the territories of the States;

[(b) the Union territories specified in the First Schedule; and]

such other territories as may be acquired.

2. Admission or establishment of new States –

Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit.

[2a. [Association of Sikkim with the Union]–

Repealed by section 5 of Constitution (thirtysixth amendment) Act, 1975 (from 26-4-1975)]

3. Formation of new States and alteration of areas, boundaries or names of existing States –

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;

(e) alter the name of any State;

4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

In the invitation cards for the traditional dinner on the Occassion of the G-20 summit organised in the year 2023 in New Delh, the words "President of Bharat" were used insetad of the traditional "President of India". This resulted in a debate on the naming and historical meaning of the name of our country.

Words "India" and "Bharat" have been used as mutually exchangable in Article 1 of the Constitution of India. This Article states that "India that is Bharat, shall be a Union of States". The preamble of the Constitutions begins with the words "We the Poeple of India"in the English version, while in the Hindi version the workds used are "?? ???? ?? ???" . This shows that the framers of the Constitution conisdered both to mean the same and mutually exchangable.

Origin of the word Bharat:

1. "Bharat" has been named in Vishnu Puran as the vast land between the souther ocean and the snow clad Himalayas in the North.
2. Bharat was a famous king and it is sad that the country was named after him.

Origin of the word India:

It is said that Arabs were not able to pronounce "Si"and orounounced as "Hi". Therefore they called the people living accross the river Singh as Hindu. Greeks were not able to pronounce "Hi" and orounced it ar "I", therefore they started calling the river Sindhu as Indus and Europeans started using the word India from the Greek pronounciation. Gradually this became the official name of this country during the British rule.

Debate about India and Bharat in the Constituent Assembly - There was difference of opinion even in the year 1949 in the Constituent Assembly about naming the Country. Some members thought that the workd "India" was reminiscemnt of colonial exploitation. They demanded the that Bharat be given priority over India in official documents. Seth Govinddas of jabalpur advocated keeping Bharat above India. "Hari Vishnu Kamath" giving example fo Irish Constitution asked for using the word Bharat by chaning the name of the Country.

Supreme Court has rejected the Peitions for renaming India as Bharat, two times, first in 2016 and again in 2020, and has confiremd that Bharat and India both are mentioned in the Constitution.

Our Country has been called by other names as well. Guru Nanak Dev has used "Hindustan" in Gurubani.Gadar Party used the word "Hindustan". When Netaji Subhash Chandra Bose established the Provisional Government of India in Singapore on 21^st Ocrober 1943, he called it "Arji Huqumate Azad Hind". The name Aryavart has also been used for India, which means the place where Aryans live.

The debate about India and Bharat can be seen on a video on the YouTube Channel Indraprasth Vishwa Samvad Kendra available on Creative Commons Attribution license (reuse allowed)

Many territories have been included in India under Article (3) (c) after independence -

1. Chandranagore was acquired by a treaty on 9^th June 1952 from France. It remained as acuired territory till 2^nd October 1954 when it was included in West Bengal by the Chadranagore (merger) Act 1954.
2. Goa, Daman and Diu were acuired on 20.12.1961 as acquired territory. They were merged in the Union by the Constitution (twelveth amendmend) Act, 1962 on 29.3.1962.
3. Pondicherry, Karaikal, Mahe and Yanam were given to India by France in 1954 by a acquisition treaty but the ratification of the treaty was done by the Fremch Parliament on 16.08.1962. Till then, the administration of these territories was done under the Foreign Jurisdiction Act as foreign territories. After this the adminsitration of these territories was done till 28.12.1962 as acquired territories and finally by the Constitution (Fourteenth amendment) Act 1962 on 28.12.1962 they wer emerged in the territory of the Union.
4. Sikkimm was a Protected State of India. The responsibility of its defebce, foreign affairs and communication was on India. Sikkim was made an associated state of India by the Constitution (35^th amendment) Act 1974. After this by the Constitution (36^th amendment) Act 1975 it was included in India as a State from 26^th April 1975 with retorospective effect.

How Goa got independence from Protugese rule has been shown in thsi video on YouTube channel Peepul Tree World (Live History India) under Creative Commons Attribution license (reuse allowed)

There were 3 categories of States in the original Constitution. "A" category States were those where there were Governors and elected Legislative Assemblies in British India. "B" category states were those where there were Rajpramukh and elected legislative assemblies. 'C' category states were those which were chief Comissioner provinces earlier. They also included some princely states. Many reorganistions of States were done after independence. Today India as only one category of States. The last reorganisation was the reorganisation of the State of Jammu and Kashimir by which this state was divided into Jammu and Kashmir and Laddakh. At present there are 28 States and 8 Union Territories in India.



Meaning of the word Union -

According to the Constitution India is a Union of States. The word Federation has not been used in the Constitution. The word Union has been used. The Union is not made by the consent of the States but by the Constitution itself and the States do not have the right of sucession.

Question has also been raised whether Parliamant has the authority to reduce the territory of India by handing over territory to any foreign power. The Supreme Court in re Berubari Union & Exchange of enclaves, AIR 1960, SC, 845 has hled that the power of the Parliament under Article 3 of reducing the territory of any state does not cover the power to hand over territory of India to any foreign power. For this amendment in Constituion is needed under Article 368.