Part 2 – Indian Constitutional Law Article 1 to 4

Part 2 – Indian Constitutional Law Article 1 to 4



Constitution is a living document, an instrument which makes the government system work. Its flexibility lies in its amendments.

Preamble –
The constitution of India


WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and
Worship;
EQUALITY of status and of opportunity;
And to promote among them all
FRATERNITY assuring the dignity of the individual
And the
2
[Unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twenty-
Sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

Part I –

Article 1 - Name and Territory of the Union –

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;

(c) Such other territories as may be acquired.

Article 2 - Admission or establishment of new States

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

Article 3. - Formation of new States and alteration of areas, boundaries or names
Of existing States

3. 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:

In this article, in clauses (a) to (e), "State'' includes a Union territory, but in the proviso,
"State'' does not include a Union territory

The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States
And the Bill has been referred by the President to the Legislature of that State for
expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or
Allowed has expired.

Article 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.

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.

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

Continued –

Reality views by sm –
Saturday, February 19, 2011

Suggested Reading –
Part 1 – Introduction to Indian Constitutional Law, Formation and Members and history

http://realityviews.blogspot.com/2011/01/part-1-introduction-to-constitution-of.html