Union of States – UPSC Notes – Indian Polity

India, also known as Bharat, is termed a ‘Union of States’ in Article 1 of the Constitution. Instead of stating it’s a “Federation of States,” the article refers to India as an “Union of States.” This is significant because it clarifies two things: the country’s name and the type of government. India is a strong Union of States, not just a loose federation like the United States of America or Australia. Understanding this is crucial, especially because questions related to this topic may be asked in exams like UPSC. Recently, there has been a petition to remove the word “India” from Article 1, and there are also movements advocating for separation, making this topic more relevant.

Union of States – Constitutional Provisions

1. In Article 1, the Constitution defines the name and territory of India.
2. The use of the term “Union” was meant to stress that India is a federation of states. This federation is an unbreakable entity and not the result of a state-to-state arrangement.
3. It’s crucial to differentiate between “Union of India” and “Indian Territory.”
4. The Union of India consists only of those states that are part of the federal system and share power distribution with the Union.
5. Union Territories are not considered part of the “Union of States,” but the term “Territory of India” includes both States and Union Territories, as well as any new territories India might acquire.
6. In the First Schedule, the names of the States and Union Territories are listed.

Classification of Territory in India

1. According to Article 1, India’s territory is divided into three categories:
   • Territories of the states
   • Union territories
   • Territories that may be acquired by the Government of India at any time.
2. The names of states and union territories, along with their territorial extent, are detailed in the Constitution’s first schedule.
3. Currently, there are 28 states and 9 union territories.
4. The provisions of the Constitution regarding states are uniformly applicable to all states.
5. The term ‘Territory of India’ is broader than ‘Union of India’ as it includes not only states but also union territories and territories that the Government of India may acquire in the future.
6. States are members of the federal system, sharing power distribution with the central government.

Constitutional Assembly Debates:

• Dr B R Ambedkar described the Indian federation as a “Union,” emphasizing its indissolubility. No state has the authority to separate from it.
• Prof. K. T. Shah proposed adding ‘Secular, Federal, Socialist’ to ‘Union of States.’
• H. V. Kamath suggested alternative names like ‘Bharat’ or ‘Hind’ to give more prominence.
• Maulana Hasrat Moulani suggested ‘Union of Indian Socialistic Republics (UISR)’ along the lines of the U.S.S.R.

Supreme Court Verdict:

• In 2016, the Supreme Court dismissed a petition.
• Chief Justice T.S. Thakur stated that every Indian has the right to call their nation ‘Bharat’ or ‘India.’
• The Supreme Court has no authority to dictate what a citizen’s country should be called.

India, also known as Bharat, operates as a union of states, and these states are precisely defined in the First Schedule, encompassing their respective territories. Described as a sovereign, secular, and democratic republic, India follows a parliamentary system of government. Various suggestions were considered, but when put to a vote, all proposals were rejected. Consequently, the Constituent Assembly made the decision that “India, that is, Bharat, shall be a Union of States,” establishing the current form of the nation.

FAQs on India as a Union of States:

1. Why is India referred to as a ‘Union of States’ in the Constitution?

Answer: India is termed a ‘Union of States’ in Article 1 of the Constitution to emphasize that it is a federation of states, forming an indissoluble entity. This term distinguishes India from a loose federation, highlighting the unity and integrated nature of the country.

2. What is the significance of the term ‘Union of India’ versus ‘Territory of India’?

Answer: The ‘Union of India’ consists of states sharing power distribution with the central government. On the other hand, the ‘Territory of India’ includes both states and union territories, as well as territories that the Government of India may acquire in the future, making it a broader classification.

3. How are states and union territories differentiated in the Constitution?

Answer: The First Schedule of the Constitution lists the names of states and union territories. States are members of the federal system, while union territories are distinct entities. The term ‘Territory of India’ encompasses both states and union territories, emphasizing their constitutional distinction.

4. What did the Supreme Court state regarding the term ‘India’ in Article 1?

Answer: In 2016, the Supreme Court dismissed a petition seeking to remove the word ‘India’ from Article 1. Chief Justice T.S. Thakur emphasized that every Indian has the right to call their nation ‘Bharat’ or ‘India,’ and the court has no authority to dictate the name a citizen uses for their country.

5. What were the proposals during the Constitutional Assembly Debates regarding the term ‘Union of States’?

Answer: During the debates, suggestions like adding ‘Secular, Federal, Socialist’ or alternative names like ‘Bharat’ were proposed. However, when put to a vote, these proposals were rejected. The Constituent Assembly ultimately decided that “India, that is, Bharat, shall be a Union of States,” shaping the nation’s current form.

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