State and Union Territories is part of Indian Polity and Governance. Below are notes on 12 sub-topics, followed by practice MCQs from State PSC and UPSC papers.

Acquisition and Cession of Indian Territory (e.g., Berubari Union case, 100th CAA)

  • Cession of Indian Territory: Requires a Constitutional Amendment under Article 368. This was established by the Supreme Court in the Berubari Union Case (1960).
  • Acquisition of Foreign Territory: Parliament can acquire foreign territory by a simple law, as per Articles 2 & 3 of the Constitution.
  • Berubari Union Case (1960): SC ruled that Parliament's power to diminish the area of a state (Art. 3) does not include ceding Indian territory to a foreign country. Cession mandates a Constitutional Amendment (Art. 368).
  • 100th Constitutional Amendment Act (CAA), 2015:
    • Implemented the 1974 Land Boundary Agreement (LBA) and its 2011 Protocol with Bangladesh.
    • Involved the exchange of 111 Indian enclaves in Bangladesh for 51 Bangladeshi enclaves in India, and adjustment of boundary.
    • Led to the transfer of some Indian territory to Bangladesh and acquisition of Bangladeshi territory by India.
    • Required amendment of the First Schedule to the Constitution.
  • Bru-Reang Agreement: Pertains to the resettlement of Bru (Reang) refugees from Mizoram in Tripura.
  • NLFT (National Liberation Front of Tripura) Agreement: A peace accord specific to Tripura, signed between the GOI, Tripura state government, and NLFT.
  • TIPRA (Tripartite) Agreement: A Memorandum of Settlement signed in March 2024 between GOI, Tripura state government, and TIPRA Motha, addressing issues related to the indigenous people of Tripura.
  • Common State for Bru-Reang Agreement, NLFT (SD) Agreement, and Tripartite Agreement with TIPRA: Tripura.
  • Kacchativu: An island in the Palk Strait, ceded by India to Sri Lanka through agreements in 1974 and 1976.
  • Tin Bigha Corridor: A strip of Indian territory in West Bengal that was perpetually leased to Bangladesh in 1992 (implemented 2011) to provide access to its enclaves.
  • Instrument of Accession of Jammu & Kashmir: Signed by Maharaja Hari Singh on October 26, 1947.

Constitutional provisions regarding the Union and its Territory (Articles 1-4)

  • Article 1: Name and Territory of the Union
    • India, that is Bharat, shall be a Union of States.
    • Indian polity is a "Union of States," not a federation; states have no right to secede.
    • Territory of India (wider concept) comprises: Territories of the States. 1. Union Territories specified in 2. the First Schedule. Such other territories as may be 3. acquired by the Government of India at any future time.
    • Union of India (narrower concept) includes only the States (federal units sharing power with Centre).
    • The First Schedule of the Constitution lists the States and Union Territories.
    • The Constitution does not prescribe limits of territorial waters or maritime zones; these are defined by Parliamentary law (e.g., The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976).
    • Resources of the Exclusive Economic Zone (EEZ) of India vest in the Union of India.
    • Currently, India comprises 28 States and 8 Union Territories.
  • Article 2: Admission or Establishment of New States
    • Parliament may by law admit into the Union, or establish, new States.
    • This article deals with the admission or establishment of states that are not already part of the existing Union of India (e.g., acquisition of foreign territories).
  • Article 3: Formation of New States and Alteration of Areas, Boundaries or Names of Existing States
    • Parliament may by law: Form a new State by separation 1. 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. Increase the area of any State. 2. Diminish the area of any State. 3. Alter the boundaries of any 4. State. Alter the name of any State. 5.
    • A bill for this purpose can be introduced in either House of Parliament only on the recommendation of the President.
    • Before recommending, the President refers the bill to the concerned State Legislature(s) for expressing its views within a specified period.
    • Parliament is not bound by the views of the state legislature.
    • This article deals with the internal reorganisation of the existing states of the Indian Union.
    • Transfer of Indian territory to a foreign country is not covered under Article 3; it requires a Constitutional Amendment under Article 368 (e.g., Berubari Union case, 1960).
  • 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
    • Laws made under Article 2 or Article 3 are not considered amendments to the Constitution under Article 368.
    • Such laws can be passed by a simple majority in Parliament.
    • These laws automatically amend the First Schedule (list of States and UTs) and the Fourth Schedule (allocation of seats in Rajya Sabha) to reflect the changes.

Difference between States and Union Territories (legislative, executive, financial powers)

  • States: Constitutional entities with elected state governments; operate within a federal framework.
  • Union Territories (UTs): Directly administered by the Central Government; represent a unitary feature within India's federal structure.
  • Executive Head (States): Governor (constitutional head, appointed by President) and Chief Minister (real executive head).
  • Executive Head (UTs): President of India acts through an Administrator or Lieutenant Governor (LG), who serves as an agent of the President.
  • Legislative Powers (States): State Legislature can legislate on subjects in the State List and Concurrent List.
  • Legislative Powers (UTs): Parliament can legislate on any subject (Union, State, or Concurrent Lists) for UTs. Some UTs (e.g., Delhi, Puducherry, J&K) have elected legislative assemblies with limited powers.
  • Financial Powers (States): Possess their own Consolidated Fund, revenue sources, and budgetary autonomy, supplemented by central grants.
  • Financial Powers (UTs): Heavily dependent on the Central Government for funds; their budgets are typically part of the Union Budget or centrally controlled.
  • Department of States: Established under the headship of Sardar Patel for the integration of princely states.
  • Current UTs with Lieutenant Governors (5): Delhi, Puducherry, Andaman & Nicobar Islands, Jammu & Kashmir, Ladakh.
  • Current UTs with Administrators (3): Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep.
  • Current States: 28, each headed by a Governor.
  • Lok Sabha Seats: Gujarat-26, Jharkhand-14, Haryana-10, Himachal Pradesh-4. (Jharkhand-16 is incorrect).
  • State List Subjects: Public Health and Sanitation, Public Order, Police.
  • Union List Subject: Inter-State Trade and Commerce.

Evolution of states and union territories since independence (linguistic reorganization, State Reorganization Commissions - Dhar, JVP, Fazl Ali)

Ali)

Integration of Princely States: Sardar Vallab1. hbhai Patel played a pivotal role in integrating over 500 princely states into the Indian Union. Demand for Linguistic States: Post-independ2. ence, there was a strong public demand for the reorganization of states on a linguistic basis. Dhar Commission (1948): Appointed by the 3. Government of India in 1948 to examine the feasibility of linguistic states. Recommended reorganization based on administrative convenience rather than linguistic factors. JVP Committee (1948): Formed by the Con4. gress, comprised Jawaharlal Nehru, Sardar Vallabhbhai Patel, and Pattabhi Sitaramayya. It also rejected the linguistic basis for state reorganization in its report (1949). Potti Sriramulu's Fast: His fast unto death (56 5. days) for a separate Telugu-speaking state led to the creation of Andhra Pradesh. Andhra Pradesh (1953): Formed on October 6. 1, 1953, as the first linguistic state in India, carved out of the Madras Presidency. States Reorganization Commission (SRC) 7. 1953:

    • Appointed in December 1953, with Justice Fazl Ali (Chairman), K.M. Panikkar, and Hridaynath Kunzru as members.
    • Report (1955): Accepted language as a basis for reorganization but rejected the 'one language-one state' principle, prioritizing national unity and administrative viability. States Reorganization Act, 1956: 8.
    • Implemented the SRC recommendations with some modifications.
    • Abolished the four-fold classification of states (Part A, B, C, D).
    • Resulted in the creation of 14 States and 6 Union Territories on November 1, 1956.
    • Provided for High Courts for newly created states.
    • Established 5 Zonal Councils (Northern, Central, Eastern, Western, Southern) to foster inter-state cooperation. The Northern Zonal Council includes Haryana, Punjab, Himachal Pradesh, Rajasthan, NCT of Delhi, Chandigarh, J&K, Ladakh. Evolution of States Post-1956: 9.
    • 1960: Bombay State bifurcated into Maharashtra and Gujarat (15th state).
    • 1963: Nagaland formed from Assam.
    • 1966: Punjab Reorganization Act created Haryana, Punjab, and Himachal Pradesh (as a UT, later state in 1971). Chandigarh became a UT.
    • 1969: Madras State renamed Tamil Nadu.
    • 1972: Meghalaya, Manipur, and Tripura gained full statehood. Mizoram and Arunachal Pradesh became UTs.
    • 1973: Mysore State renamed Karnataka.
    • 1974: Sikkim became an 'Associate State' of India (35th Amendment).
    • 1975: Sikkim became the 22nd fullfledged state of India (36th Amendment).
    • 1987: Mizoram (23rd state), Arunachal Pradesh (24th state), and Goa (25th state, separated from Daman & Diu UT) attained full statehood.
    • 2000:
      • Chhattisgarh (Nov 1, from Madhya Pradesh).
      • Uttarakhand (Nov 9, from Uttar Pradesh, initially Uttaranchal).
      • Jharkhand (Nov 15, from Bihar).
    • 2014: Telangana (June 2, 29th state, from Andhra Pradesh).
    • 2019: Jammu and Kashmir Reorganisation Act, 2019 (Oct 31): Jammu & Kashmir bifurcated into two Union Territories – Jammu & Kashmir and Ladakh. This reduced the number of states to 28.
    • 2020: Dadra and Nagar Haveli and Daman and Diu (Merger of UTs) Act, 2019 (Jan 26): Merged the UTs of D&NH and D&D into a single UT. Current Status (As of 2024): India has 28 10. States and 8 Union Territories. States Observing Foundation Day on Novem11. ber 1st: Andhra Pradesh, Chhattisgarh, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, Rajasthan.

Impact of state reorganization on the federal structure and centre-state relations

  • Linguistic Reorganization (Post-1956): States Reorganisation Act, 1956, based on the Fazal Ali Commission recommendations, led to the creation of linguistic states (e.g., Andhra Pradesh 1953, first linguistic state), significantly altering India's federal map.
  • Strengthened Federalism: Reduced sub-national conflicts based on language, fostering regional identities while promoting national unity and potentially improving administrative efficiency through cohesive units.
  • Rise of Regionalism: Reorganization fueled regional aspirations, leading to the emergence of strong regional parties which increased their bargaining power in national politics and influenced central coalition governments, strengthening the federal principle in practice.
  • Increased Demands for Autonomy: States began demanding greater political, administrative, and financial autonomy from the Centre, leading to more complex centre-state relations and occasional disputes over power sharing.
  • Centre's Hegemony in Creation (Article 3): Parliament retains unilateral power to create/ alter states without the state legislature's mandatory consent (only views are sought), highlighting India's quasi-federal structure where the Centre holds significant control over the territorial integrity of its units.
  • Administrative Efficiency & Development: Creation of smaller, often more homogenous states (e.g., Chhattisgarh, Uttarakhand, Jharkhand in 2000; Telangana in 2014) aimed at better administration, focused development, and addressing regional disparities.
  • Boundary & Resource Disputes: New state formations or border adjustments have led to inter-state boundary disputes and conflicts over resource sharing (e.g., river waters), adding strain to centre-state relations.
  • Financial Implications: New or smaller states often demand special financial assistance and resource allocations, altering fiscal federalism dynamics and increasing the fiscal burden on the Centre.
  • State Performance Metric: Gujarat topped the "Freedom of States of India Report 2013", indicating strong economic governance within the federal structure.

Inter-state boundary disputes and their resolution mechanisms

  • Inter-state boundary disputes arise from historical claims, linguistic reorganization, and administrative demarcations.
  • Maharashtra-Karnataka Dispute (Belagavi/ Belgaum):
    • Maharashtra claims Marathi-speaking areas (Belagavi, Karwar, Nippani) from Karnataka on a linguistic basis, following the 1956 States Reorganisation.
    • Belagavi (Belgaum) district is currently part of Karnataka.
    • Historically, Belagavi was part of the Bombay Presidency, NOT the Hyderabad princely state.
    • The dispute is pending before the Supreme Court under its original jurisdiction (Article 131), NOT the Bombay High Court.
    • The Mahajan Commission (1966) recommended Belagavi remain with Karnataka; Maharashtra rejected the report.
  • Assam's Disputes:
    • Assam-Nagaland: Long-standing dispute over forest areas; Supreme Court appointed a mediation panel.
    • Assam-Arunachal Pradesh: Disputes over historical boundaries and forest lands; matter before the Supreme Court.
    • Assam-Meghalaya: Involves 12 areas of difference; an MoU was signed in 2022 for partial resolution.
  • Other Disputes: Include Odisha-West Bengal, Haryana-Himachal Pradesh, and LadakhHimachal Pradesh.
  • Resolution Mechanisms:
    • Judicial:
      • Supreme Court's Original Jurisdiction (Article 131): Handles disputes between states or between the Union and states.
    • Constitutional:
      • Inter-State Council (Article 263): President can establish to inquire into, discuss, and advise upon inter-state disputes; advisory in nature.
      • Parliament (Article 3): Power to form new states, alter areas, boundaries, or names of existing states through legislation.
    • Statutory/Administrative:
      • Zonal Councils (States Reorganisation Act, 1956): Provide a forum for discussing inter-state issues, including boundary disputes; advisory.
      • Bilateral Negotiations: Direct talks and agreements between concerned states.
      • Commissions of Inquiry: Central Government appoints to investigate and recommend (e.g., Mahajan Commission).
      • Demarcation by Survey of India: Provides technical assistance for accurate boundary clarification.

Parliament's power to form new states and alter areas, boundaries, or names of existing states

  • Articles 2 & 3 of the Constitution:
    • Article 2: Deals with the admission or establishment of new states which are not part of the Union of India.
    • Article 3: Deals with the formation of new states and the alteration of areas, boundaries, or names of existing states within the Union of India.
  • Parliament's Powers (under Article 3):
    • Form a new state (by separation of territory from any state, or by uniting two or more states/parts of states, or by uniting any territory to a part of any state).
    • Increase the area of any state.
    • Diminish the area of any state.
    • Alter the boundaries of any state.
    • Alter the name of any state.
  • Legislative Procedure (under Article 3):
    • A Bill for any of these purposes can be introduced in either House of Parliament.
    • Requires the prior recommendation of the President.
    • Before recommending, the President must refer the Bill to the concerned state legislature for expressing its views within a specified period.
    • Parliament (and President) is NOT bound by the views of the state legislature; the state's consent is not required.
    • The Bill must be passed by a simple majority of both Houses of Parliament.
    • Such a law is NOT deemed to be an amendment of the Constitution for the purposes of Article 368.
    • It automatically amends the First Schedule (names of states/UTs) and Fourth Schedule (allocation of seats in Rajya Sabha).
  • Key Points & Examples:
    • The power to constitute new states and alter areas/boundaries/names of existing states vests exclusively in the Parliament.
    • The President is not bound to accept the views of the state legislature concerned.
    • West Bengal Name Change: In 2018, the West Bengal Assembly passed a resolution to name the state 'Bangla' in all three languages (Bengali, English, Hindi), following earlier rejections from the Centre.
    • Jammu & Kashmir Reorganisation Act, 2019: Passed on August 5, 2019, and came into effect on October 31, 2019, reorganizing the state into the Union Territories of Jammu & Kashmir and Ladakh.

Procedure for the reorganization of states (President's recommendation, state legislature views)

  • A Bill for the formation of a new state or alteration of areas, boundaries, or names of existing states (Article 3) can be introduced in either House of Parliament only on the prior recommendation of the President.
  • Before recommending the Bill, the President must refer it to the concerned state legislature for expressing its views within a specified period.
  • The President (and Parliament) is not bound by the views expressed by the state legislature; these views are merely advisory.
  • Parliament can proceed to pass the Bill even if the state legislature does not express its views within the stipulated time, or if it expresses negative views.
  • For Union Territories, no reference to the local legislature (if any) is required; Parliament can legislate directly.
  • A law made under Article 3, which reorganizes states, can be passed by a simple majority of Parliament.
  • Such a law is not deemed to be an amendment of the Constitution for the purposes of Article 368.

Role of the President and Parliament in administering Union Territories

  • Union Territories (UTs) are administered by the President of India under Article 239.
  • The President acts through an Administrator, who can be designated as Lieutenant Governor, Chief Commissioner, or Administrator.
  • The Administrator is an agent of the President and the Union Government, not a constitutional head of state like a Governor.
  • The Administrator is answerable to the President, not to the UT Legislature (if one exists).
  • Parliament has the power to legislate on any subject (including those in the State List) for Union Territories.
  • Parliament determines the election process for members representing Union Territories in the Rajya Sabha.
  • Under Article 240, the President can make regulations for the peace, progress, and good government of certain UTs. These regulations have the same force as an Act of Parliament and can repeal/amend existing Acts of Parliament.
  • Union Territories covered under Article 240(1) for Presidential regulation power:
    • (a) Andaman and Nicobar Islands
    • (b) Lakshadweep
    • (c) Dadra and Nagar Haveli and Daman and Diu (post-2019 merger)
    • (e) Puducherry (This power is suspended when a legislative assembly for Puducherry is constituted and functioning).

Special

constitutional

provisions

for

Puducherry and other UTs with legislatures

  • Not all Union Territories (UTs) in India have Legislative Assemblies.
  • UTs currently possessing Legislative Assemblies are the National Capital Territory of Delhi, Puducherry, and Jammu & Kashmir (post-2019 reorganization).
  • The Union Territory of Puducherry specifically has its own Legislative Assembly.
  • Chandravati served as the Lieutenant Governor of Puducherry from 1998 to 2002.
  • Historically, Jammu & Kashmir (J&K) was the only Indian state with its own Constitution (prior to the abrogation of Article 370 in 2019). Currently, no Indian state has a separate constitution.

Special constitutional provisions for Puducherry and other UTs with legislatures

  • The 69th Constitutional Amendment Act, 1991, inserted Articles 239AA and 239AB, granting special status to the Union Territory of Delhi and designating it as the National Capital Territory of Delhi (NCT of Delhi).
  • Article 239AA (Special provisions with respect to Delhi):
    • Designates Delhi as the National Capital Territory of Delhi and provides for a Legislative Assembly (LA) and a Council of Ministers (CoM).
    • The LA has the power to make laws on subjects in the State List and Concurrent List, except Public Order, Police, and Land.
    • The CoM, headed by the Chief Minister, aids and advises the Lieutenant Governor (LG).
    • The total number of Ministers, including the Chief Minister, in the CoM of Delhi shall not exceed 10% of the total number of members in the Legislative Assembly. This is a specific provision for Delhi, differing from the 15% limit for other states/Centre (91st Amendment Act, 2003).
    • In case of a difference of opinion between the LG and the CoM on any matter, the LG shall refer it to the President for decision and act according to the President's decision. Pending such decision, the LG may act independently if the matter is urgent.
    • Recent Supreme Court rulings have clarified that the LG is bound by the 'aid and advice' of the CoM on matters within the legislative competence of the Assembly, except when specifically required by law to refer a matter to the President or act in discretion. The LG is not an administrator with independent decision-making power in areas where the Assembly can legislate.
  • Article 239AB (Provision in case of failure of constitutional machinery in NCT):
    • Empowers the President to suspend the operation of Article 239AA or any of its provisions (and consequently dissolve the Assembly/CoM) if satisfied that a situation has arisen where the administration of the NCT cannot be carried on in accordance with constitutional provisions, or if the government is unable to give effect to the LG's directions. This is akin to President's Rule.
  • The Lieutenant Governor (LG) of Delhi is the administrator of the NCT of Delhi, appointed by the President of India.
  • General Provisions related to States (relevant to background for Delhi's special status):
    • States in India cannot have their own Constitutions; they are governed solely by the Constitution of India.
    • Historically, the State of Jammu and Kashmir (J&K) was an exception, having its own Constitution, which came into force on January 26, 1957.
    • Following the abrogation of Article 370 in 2019, the J&K Constitution ceased to be operative, and the state was reorganized into Union Territories.
    • No State in India has the right to secede from the Union of India.

Types of Union Territories and their administration

  • Indian Constitution Part VIII (Articles 239-241) deals with Union Territories (UTs).
  • Union Territories are administered by the President of India through an Administrator (Lieutenant Governor or Chief Commissioner/Administrator) appointed by him, acting as his agent.
  • Currently, India has 28 States and 8 Union Territories.
  • Union Territories (with Legislature):
    • Delhi
    • Puducherry
    • Jammu & Kashmir
  • Union Territories (without Legislature):
    • Andaman & Nicobar Islands
    • Chandigarh
    • Dadra & Nagar Haveli and Daman & Diu
    • Lakshadweep
    • Ladakh
  • Merger of UTs: Dadra and Nagar Haveli and Daman and Diu were merged into a single UT on January 26, 2020. Its capital is Daman.
  • Jammu & Kashmir Reorganization Act, 2019: The state of Jammu and Kashmir was reorganized into two Union Territories:
    • Jammu & Kashmir (with a legislature), effective October 31, 2019. First LG: Girish Chandra Murmu.
    • Ladakh (without a legislature), effective October 31, 2019. Comprises Leh and Kargil districts. First LG: Radha Krishna Mathur.
  • High Court Jurisdiction for UTs:
    • Andaman & Nicobar Islands: Calcutta High Court
    • Chandigarh: Punjab & Haryana High Court
    • Dadra & Nagar Haveli and Daman & Diu: Bombay High Court
    • Lakshadweep: Kerala High Court
    • Puducherry: Madras High Court
    • Jammu & Kashmir and Ladakh: Common High Court for J&K and Ladakh
    • Delhi: Has its own High Court
  • The Governor of Punjab also acts as the Administrator of Chandigarh UT.
  • Rajya Sabha Representation: Delhi, Puducherry, and Jammu & Kashmir have representatives in the Rajya Sabha. UTs like Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep, Andaman & Nicobar Is‐

14. The Citizenship

Practice MCQs: State and Union Territories

Acquisition and Cession of Indian Territory (e.g., Berubari Union case, 100th CAA)

  1. Some Indian territory was transferred in 2015 to Bangladesh by following which procedure?

    Asked in: UPSC CDS 2 2016

    1. By an agreement between the Government of India and the Government of Bangladesh
    2. By a legislation passed by the Parliament amending Schedule 1 to the Constitution of In‐ dia
    3. By amending Schedule 1 to the Constitution of India by exercising amending power of the Parliament
    4. By amending Schedule 1 to the Constitution of India by exercising amending power of the Parliament and ratification by sixteen State Legislatures
    Show answer

    Answer: B. By a legislation passed by the Parliament amending Schedule 1 to the Constitution of In‐ dia

    - Transfer of Indian territory to a foreign country requires a constitutional amendment (Berubari case ruling). - The 2015 transfer to Bangladesh was implemented through the 100th Constitutional Amendment Act, 2015. - This amendment modified the First Schedule of the Constitution. - The amendment was enacted using the power under Article 368. - This specific amendment did not require ratification by state legislatures under the proviso to Article 368(2).

  2. Which of the following State/s is/are common to Bru-Reang Agreement, NLFT (SD) Agreement and Tripartite Agreement with TIPRA ?

    Asked in: UPSC CDS 2 2024

    1. Tripura
    2. Assam and Tripura
    3. Tripura and Mizoram
    4. Manipur and Mizoram
    Show answer

    Answer: A. Tripura

    These agreements address long-standing issues related to insurgency, displacement (Bru refugees), and the rights/demands of indigenous communities primarily in Tripura.

  3. Which one of the following statements is correct?

    Asked in: UPPCS Prelims 1999

    1. Kacchativu and Tin Bigha were territories acquired by the Indian Republic from the French
    2. Kacchativu and Tin Bigha are territories handed over to Sri Lankan and Bangladeshi sovereignty respectively by the Government of India
    3. Kacchativu and Tin Bigha are areas that were annexed by the Chinese in the 1962 Sino Indian War
    4. Kacchativu and Tin Bigha are enclaves which were transferred to India by lease ar‐ rangements with Sri Lanka and Pakistan re‐ spectively
    Show answer

    Answer: B. Kacchativu and Tin Bigha are territories handed over to Sri Lankan and Bangladeshi sovereignty respectively by the Government of India

    Kacchativu is an island whose sovereignty was transferred from India to Sri Lanka. The Tin Bigha Corridor is an Indian territory that facilitates access between mainland Bangladesh and its former enclaves, effectively transferred for this purpose.

  4. Instrument of Accession of Jammu & Kashmir State with Union of India was signed

    Asked in: Sr. Teacher Gr.II Comp. Exam 2016 2 2016

    1. on 22 October, 1947
    2. on 24 October, 1947
    3. on 25 October, 1947
    4. on 26 October, 1947
    Show answer

    Answer: D. on 26 October, 1947

    The Instrument of Accession was a legal document executed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947, by which he acceded to the Dominion of India. This was done in the context of an ongoing invasion by tribal militias supported by Pakistan.

Constitutional provisions regarding the Union and its Territory (Articles 1-4)

  1. The 'Territory of India' and the 'Union of India' are two distinct and different expressions. Due to which of the following reason/reasons ? I. The 'Union of India' includes just States while the 'Territory of India' includes, in addition to States and Union Territories, those territories that may be acquired by the Government of India at any future time as well. II. The expression 'Union of India' is mentioned in the Constitution of India, but the expression 'Territory of India' is not found in the Constitution of India. III. The First Schedule of the Constitution of India is with reference to just the 'Union of India' but not the 'Territory of India'. IV. The Union Territories are covered by the expression 'Territory of India' and not by the expression 'Union of India'. Select the correct answer using the codes given below:

    Asked in: APPSC Group 1 Prelims 2024

    1. Only I
    2. Only IV
    3. I and IV
    4. I, II and III
    Show answer

    Answer: C. I and IV

    Statement I is correct. The 'Union of India' comprises only the States. The 'Territory of India' is a broader concept that includes the territories of the States, the Union Territories, and any territory that may be acquired by India in the future. This distinction is important for understanding the scope of the Union's executive and legislative powers. Statement II is incorrect. Both expressions, 'Union of India' and 'Territory of India', are found in the Constitution of India. The 'Union of India' is used in Article 1(1), while the 'Territory of India' is also used in the same article and other provisions. Statement III is incorrect. The First Schedule of the Constitution of India lists the States and Union Territories, which constitute the 'Territory of India' in its present form. It refers to the components of the 'Territory of India', not exclusively the 'Union of India'. Statement IV is correct. Union Territories are part of the 'Territory of India'. However, they are not part of the 'Union of India' as the latter term, in the constitutional context, refers to the federal structure composed of states. The executive power of the Union extends to Union Territories, but they are not constituent units in the same way as states.

  2. Indian Parliament has the power to create a new State under which of the following Constitutional Provisions ?

    Asked in: CGPSC Prelims Exam 2014

    1. Article 1
    2. Article 2
    3. Article 3
    4. Article 4
    Show answer

    Answer: C. Article 3

    Article 3 deals with the formation of new States and alteration of areas, boundaries, and names of existing States within the Union. Article 2 deals with the admission or establishment of new States that are not part of the existing Union.

  3. Consider the following statements about Union and its Territory. (1) India comprises 28 States and 8 Union Territories. (2) India, a Union of States, is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of Government. Which of the statement/s given above is/are correct ?

    Asked in: CGPSC Prelims Exam 2023

    1. (1) only
    2. (2) only
    3. Both (1) and (2)
    4. None of the above
    Show answer

    Answer: C. Both (1) and (2)

    As per the current structure of the Indian Union, there are 28 States and 8 Union Territories. The Preamble to the Constitution declares India as a Sovereign Socialist Secular Democratic Republic, and it follows a parliamentary form of government.

  4. By what name or names is our country mentioned in the Indian Constitution?

    Asked in: TNPSC CS Prelims 2021

    1. Indian and Hindustan
    2. India and Bharat
    3. Bharat
    4. India, Bharat, Hindustan
    Show answer

    Answer: B. India and Bharat

    Article 1(1) of the Constitution of India states, "India, that is Bharat, shall be a Union of States."

  5. Using the powers enshrined in Articles 2 and 3 of the Constitution of India, the Parliament can do which of the following ?

    Asked in: TSPSC Group 1 Prelims 2022

    1. Admit new territories as new state of India.
    2. Split or merge existing Indian states.
    3. Transfer and exchange of territories to neighbouring countries.
    4. Alter the names and boundaries of existing Indian States. Choose the correct option : A. A, B & C only B. A, B & D only C. A, C & D only D. A, B, C & D
    Show answer

    Answer: B. Split or merge existing Indian states.

    Article 2 deals with the admission or establishment of new states into the Union which are not part of India, while Article 3 deals with the formation of new states and alteration of areas, boundaries, or names of existing states within the Union.

  6. Which of the following statements about the territory of India is/are correct? 1. It comprises of the territories of the States. 2. It comprises the Union Territories specified in the First Schedule. 3. It may include other acquired territories. Select the correct answer using the code given below.

    Asked in: UPSC CISF AC EXE 2019

    1. 1 only
    2. 1 and 2 only
    3. 2 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: D. 1, 2 and 3

    Article 1 defines the name and territory of the Union of India. The territory of India is a wider expression than the 'Union of India', which comprises only the States.

  7. Consider the following statements: 1. The Constitution of India prescribes limits of territorial waters and maritime zones of India. 2. The resources of the exclusive zone of India vest in the Union of India. 3. The Constitution of India prescribes the limits of the exclusive economic zone of India. Which of the above statements is/are correct?

    Asked in: UPSC Combined Section Officer 2019 20

    1. 1 only
    2. 2 and 3
    3. 1 and 3
    4. 2 only
    Show answer

    Answer: D. 2 only

    - Statement 1 is incorrect; the Constitution does not define maritime zone limits. - Statement 3 is incorrect; the Constitution does not define the limits of the EEZ. - Statement 2 is correct; Article 297 of the Constitution vests resources within the territorial waters, continental shelf, and EEZ in the Union. - The limits of India's maritime zones are determined by the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.

  8. India is a

    Asked in: WBPSC CS Prelims 2021

    1. Union of states
    2. Federation
    3. Confederation of states
    4. Unitary
    Show answer

    Answer: A. Union of states

    Article 1 of the Constitution of India states: "India, that is Bharat, shall be a Union of States." This phrase signifies that India is a union comprising various constituent states, and this union is not the result of an agreement among the states (as in a pure federation like the USA), and states do not have the right to secede from the union. While India exhibits many federal features, the term 'Union of States' emphasizes its integrated and indestructible nature.

Difference between States and Union Territories (legislative, executive, financial powers)

  1. The Department of State was established under whose headship?

    Asked in: BPSC Prelims Exam 63rd

    1. Mahatma Gandhi
    2. J. L. Nehru
    3. G. B. Pant
    4. Sardar Patel
    Show answer

    Answer: D. Sardar Patel

    Following India's independence in 1947, Sardar Vallabhbhai Patel was the Minister in charge of the Department of States, created to integrate the princely states into the Indian Union.

  2. Which of the following statements are correct regarding Union Territories and States? 1. At present total five Union territories are having Lieutenant Governors 2. At present Three Union Territories are having Administrators 3. At present 28 states are having Governors as head of the states

    Asked in: GPSC Prelims CSP 1 2022

    1. 1, 2 and 3
    2. 2 and 3 only
    3. 1 and 3 only
    4. 1 and 2 only
    Show answer

    Answer: A. 1, 2 and 3

    - States in India are headed by Governors. - Union Territories are administered by the President, acting through an Administrator or a Lieutenant Governor. - The title of the head of a UT (Administrator or LG) depends on specific legal provisions and historical context. Some UTs (Delhi, Puducherry, J&K) have elected legislatures and council of ministers, but the LG retains significant powers.

  3. Which of the following (State - Number of Members in Lok Sabha) is not correctly matched?

    Asked in: Civil Judge 2022

    1. Gujarat - 26
    2. Jharkhand - 16
    3. Haryana - 10
    4. Himachal Pradesh - 4
    Show answer

    Answer: D. Himachal Pradesh - 4

    The number of members in the Lok Sabha from each state is determined by the Delimitation Commission and is based on the population figures from the latest census. The current allocation of Lok Sabha seats is based on the 2001 census, with the number of seats frozen until 2026.

  4. Which among the following is not a subject of State List of the Constitution?

    Asked in: GS INSPFAC 01 2024 2108 2024

    1. Public Health and Sanitation
    2. Public Order
    3. Police
    4. Inter-State Trade and Commerce
    Show answer

    Answer: D. Inter-State Trade and Commerce

    The Seventh Schedule of the Indian Constitution divides legislative powers between the Union and the States into three lists: Union List, State List, and Concurrent List.

Evolution of states and union territories since independence (linguistic reorganization, State Reorganization Commissions - Dhar, JVP, Fazl Ali)

  1. How many States are there in India at presents?

    Asked in: APSC CCE Prelims Exam 2006

    1. 25
    2. 26
    3. 27
    4. 28
    Show answer

    Answer: D. 28

    - The number of states has changed over time due to reorganization acts. - The Jammu and Kashmir Reorganisation Act, 2019, reduced the number of states from 29 to 28 by converting the state of Jammu and Kashmir into two Union Territories.

  2. How many States are there in Indian Union?

    Asked in: APSC CCE Prelims Exam 2014

    1. 25
    2. 26
    3. 28
    4. 29
    Show answer

    Answer: C. 28

    - The number of states in India has varied historically. - Major reorganizations changed the number of states (e.g., States Reorganisation Act, 1956; creation of new states like Jharkhand, Chhattisgarh, Uttarakhand; creation of Telangana; reorganization of J&K). - The specific time period relevant to the question is crucial for determining the correct number. The context of an adjacent question about the 2014 election suggests the period between 2014 and 2019.

  3. Identify the correct chronological order in which the following States of India were created : (I) Punjab (II) Andhra Pradesh (III) Mizoram (IV) Meghalaya

    Asked in: APSC CCE Prelims Exam 2014

    1. (I), (II), (III), (IV)
    2. (II), (I), (IV), (III)
    3. (I), (II), (IV), (III)
    4. (I), (II), (IV), (III)
    Show answer

    Answer: B. (II), (I), (IV), (III)

    States in India have been created or reorganised at different times, often based on linguistic, ethnic, or administrative considerations.

  4. Identify the national leader and efficient administrator who played an extraordinary role in the integration of the Indian States.

    Asked in: APSC CCE Prelims Exam 2020

    1. Chakravarati Rajagopalachari
    2. Jawaharlal Nehru
    3. Rajendra Prasad
    4. Sardar Vallabhbhai Patel
    Show answer

    Answer: D. Sardar Vallabhbhai Patel

    Through a combination of diplomacy, negotiation (using Instruments of Accession and privy purses), and forceful intervention where necessary (as in the cases of Junagadh, Hyderabad, and Kashmir), he successfully integrated over 560 diverse states into the unified nation.

  5. Which of the following States/UTs are included in the Northern Zonal Council?

    Asked in: UPSC CDS 1 2023

    1. Uttarakhand, Uttar Pradesh, Haryana, Punjab, Jammu and Kashmir
    2. Haryana, Punjab, Himachal Pradesh, Rajasthan and NCT of Delhi
    3. Uttar Pradesh, Uttarakhand, Punjab, Haryana and Rajasthan
    4. Uttarakhand, Uttar Pradesh, Himachal Pradesh, Punjab and Haryana
    Show answer

    Answer: B. Haryana, Punjab, Himachal Pradesh, Rajasthan and NCT of Delhi

    The Northern Zonal Council, established under the States Reorganisation Act, 1956, comprises the states of Haryana, Himachal Pradesh, Punjab, Rajasthan, and the Union Territories of Chandigarh, Delhi, Jammu & Kashmir, and Ladakh. Option B correctly lists several of the states and the National Capital Territory of Delhi, all of which are members of the Northern Zonal Council. Options A, C, and D incorrectly include Uttar Pradesh and Uttarakhand, which belong to the Central Zonal Council.

  6. How many Zonal Councils were set up vide Part-III of the States Re-organization Act, 1956 ?

    Asked in: UPSC CDS 2 2019

    1. Eight
    2. Seven
    3. Six
    4. Five
    Show answer

    Answer: D. Five

    These five councils were the Northern, Central, Eastern, Western, and Southern Zonal Councils.

  7. Which of the following are provided under the States Reorganization Act, 1956? Inter-State Council Delimitation of constituencies by the Delimitation Commission High Courts for the newly created states

    Asked in: GPSC Prelims CSP 1 2021

    1. 2 and 3 only
    2. 1 and 2 only
    3. 1 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: A. 2 and 3 only

    - Statement 1 is incorrect: The Inter-State Council is established under Article 263 of the Constitution of India. It was constituted much later in 1990 based on the recommendations of the Sarkaria Commission (1983-88). - Statement 2 is correct: The States Reorganization Act, 1956, necessitated the redrawing of boundaries of parliamentary and assembly constituencies for the newly formed and altered states. Section 42 of the Act provided for the Delimitation Commission to perform this task. - Statement 3 is correct: The Act made provisions for the establishment of High Courts for the reorganized states, either by creating new ones or by providing for common High Courts for multiple states (e.g., common High Court for Punjab and Haryana).

  8. How many states observed State Foundation Day on 01st November?

    Asked in: GPSC Prelims CSP 2 2023

    1. 7 states
    2. 8 states
    3. 6 states
    4. 9 states
    Show answer

    Answer: B. 8 states

    On November 1st, 1956, the States Reorganisation Act came into effect, leading to the formation of several states based on linguistic lines. States formed or significantly reorganized on this date include Andhra Pradesh, Karnataka (then Mysore State), Kerala, and Madhya Pradesh. Additionally, Haryana and Punjab were formed on November 1st, 1966, following the Punjab Reorganisation Act. Chhattisgarh and Uttarakhand were formed on November 1st, 2000. Thus, a total of 8 states (Andhra Pradesh, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, Chhattisgarh, Uttarakhand) celebrate their foundation day on November 1st.

Impact of state reorganization on the federal structure and centre-state relations

  1. According to Freedom of States of India Report 2013, the State which tops the rank is

    Asked in: UPPSC Upper Mains 2014

    1. Maharashtra
    2. Andhra Pradesh
    3. Gujarat
    4. Haryana
    Show answer

    Answer: D. Haryana

    Different reports and ranking methodologies exist, but based on the likely source for a question of this nature in 2013/2014, Haryana topped a key governance/freedom index among major states.

Inter-state boundary disputes and their resolution mechanisms

  1. Find the incorrect statements about boundary dispute between Maharashtra and Karnataka. (a) Belgaum is claimed by Maharashtra on linguistic basis. (b) Belgaum was part of Hyderabad princely state before independence. (c) Currently Belgaum is district of Karnataka. (d) Boundary dispute case over Belgaum is pending before Bombay High Court from many years.

    Asked in: MPSC CS Prelims 2020

    1. (a), (b), (c), (d)
    2. (b), (c)
    3. (b), (d)
    4. (a), (b), (d)
    Show answer

    Answer: C. (b), (d)

    Statement (a) is correct; Maharashtra claims Belgaum (Belagavi) based on linguistic majority. Statement (b) is incorrect; Belgaum was part of the Bombay Presidency under British rule, not the Hyderabad princely state, before independence. Statement (c) is correct; Belgaum is currently a district in Karnataka. Statement (d) is incorrect; the boundary dispute case concerning Belgaum and other areas is pending before the Supreme Court of India, not the Bombay High Court.

Parliament's power to form new states and alter areas, boundaries, or names of existing states

  1. Creation of a new state requires a ______ majority for Constitutional Amendment.

    Asked in: BPSC Prelims Exam 60 62rd

    1. Simple
    2. Two-third
    3. Three-fourth
    4. Two-third plus ratification by half of all states
    Show answer

    Answer: A. Simple

    - Article 4(2) of the Constitution explicitly states that any law made under Article 2 or Article 3 (for formation of new states and alteration of areas etc.) shall not be deemed to be an amendment of the Constitution for the purposes of Article 368. - This means that such laws can be passed by a simple majority of Parliament (i.e., more than 50% of the members present and voting), similar to ordinary legislation, and do not require the special majority stipulated for constitutional amendments under Article 368.

  2. Which of the following statements with regard to the creation of a new state or alteration of boundaries of states is/are correct ? 1. An amendment has to be moved in the Parliament under Article 368 of the Constitution of India. 2. Ratification by one half of the states is necessary after the amendment is made by the Parliament. 3. The legislation can be passed by a simple majority of both Houses of Parliament. Select the correct answer using the code given below :

    Asked in: UPSC CDS 1 2021

    1. 1 and 3 only
    2. 2 only
    3. 3 only
    4. 2 and 3 only
    Show answer

    Answer: C. 3 only

    The power to create new states or alter existing ones rests with the Parliament, and it can be exercised through ordinary legislative procedure (simple majority), not requiring the special majority and state ratification process mandated by Article 368 for constitutional amendments.

  3. Consider the following statements with regard to the formation of new States and alteration of boundaries of existing States : Parliament may increase the area of any State. Parliament may diminish the area of any State. Parliament cannot alter the boundary of any State. Parliament cannot alter the name of any State. Which of the statements given above is/are not correct ?

    Asked in: UPSC CDS 2 2019

    1. 1 and 2
    2. 2 and 3
    3. 3 and 4
    4. 4 only
    Show answer

    Answer: C. 3 and 4

    Article 3 of the Indian Constitution empowers the Parliament to legislate on matters concerning the formation of new States and the alteration of areas, boundaries, or names of existing States.

  4. The consent of ______ required for alternating its boundaries according to the Constitutional provisions.

    Asked in: CGPSC Prelims Exam 2019

    1. the State Legislatures Under house is
    2. the Chief Minister is
    3. the State is
    4. the State is not
    Show answer

    Answer: D. the State is not

    - Article 3 of the Constitution of India empowers the Parliament to form new States, increase or diminish the area of any State, and alter the boundaries or names of existing States. - A Bill for such alteration is introduced in Parliament only on the recommendation of the President, who must first refer it to the State Legislature concerned for expressing its views within a specified period.

  5. In 2016, the West Bengal Assembly had proposed to give West Bengal three new names in three different languages – Bengali, English and Hindi. It was, however, rejected by the Centre. In 2018, the Assembly passed a new resolution to give the State a single name usable in all three languages. The proposed single name is __________.

    Asked in: KPSC KAS Prelims 2017

    1. Bengal
    2. Bangal
    3. Bengali
    4. Bangla
    Show answer

    Answer: D. Bangla

    The West Bengal Assembly's final proposed single name for the state, intended for use in Bengali, English, and Hindi, is 'Bangla'.

  6. Consider the following statements: Article 2 of the Indian Constitution relates to admission or establishment of new States which are not part of the Union of India. Article 3 of the Indian Constitution provides for the formation of or changes in the existing States including Union territories. A Bill under Article 3 of the Indian Constitution shall be introduced only in the Lok Sabha. Which of the above statements is/are correct ?

    Asked in: MPSC CS Prelims 2019

    1. All of the above
    2. a and b
    3. b and c
    4. Only c
    Show answer

    Answer: B. a and b

    - Article 2 of the Indian Constitution relates to the admission or establishment of new States that were not part of the Union of India previously (e.g., Sikkim). This covers adding new territories to the Union and forming new states from them. - Article 3 of the Indian Constitution deals with the internal reorganisation of the territory of India. It empowers the Parliament to 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, increase/decrease the area of any State, alter the boundaries of any State, and alter the name of any State. While primarily about States, changes under Article 3 can also affect Union Territories' boundaries or names when they are involved in union with or separation from States. - A Bill under Article 3 can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), but only on the recommendation of the President. The President has to refer the Bill to the concerned State Legislature for expressing its views within a specified period. However, Parliament is not bound by these views.

  7. Consider the following statements: 1. The Constitution of India empowers the Parliament to form new States and to alter the areas, boundaries or names of existing States by passing a resolution in simple majority. 2. Jammu and Kashmir has been given special status under Article 370 of the Constitution of India. Which of the statements given above is/are correct ?

    Asked in: UPSC NDA 1 2016

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: B. 2 only

    - Statement 1 says Parliament can form new States or alter areas/boundaries/names by "passing a resolution in simple majority". Article 3 of the Constitution empowers Parliament to do so by enacting a law. Such a law requires a simple majority for passage (as per Article 4(2), it is not considered an amendment under Article 368). However, the process is through a legislative bill, not merely a resolution. A resolution is typically a formal expression of opinion or a decision on a procedural matter, not the instrument for creating a law. Thus, statement 1 is technically incorrect due to the use of the term "resolution". - Statement 2 says Jammu and Kashmir was given special status under Article 370. This is factually correct based on the Constitution of India as it existed until August

  8. Article 370 granted special autonomous status to J&K. While this status was subsequently revoked/modified, the statement accurately reflects a constitutional provision that existed for a long period. Assuming the question refers to the Constitution generally, this statement is correct. - Therefore, only statement 2 is correct. 92. The State of Jammu and Kashmir was made an Union Territory of India with effect from :

    Asked in: OPSC CS Prelims 2020

    1. 26th January, 2019
    2. 5th August, 2019
    3. 15th September, 2019
    4. 31st October, 2019
    Show answer

    Answer: D. 31st October, 2019

    The reorganization followed the abrogation of Article 370 and Article 35A of the Constitution on August 5, 2019. The Jammu and Kashmir Reorganisation Act, 2019, passed by Parliament, stipulated the effective date.

Procedure for the reorganization of states (President's recommendation, state legislature views)

  1. Which of the following statements is/are not correct about the creation of new States by the Parliament under Article 3 of the Indian Constitution? (i) The President of India is required to refer such a Bill to the affected State/ States in order to know its/their view. (ii) The President is bound to accept the opinion/view of the affected State/States in making recommendations to the Parliament. (iii) The Parliament cannot introduce a Bill to this effect without the prior recommendations of the President. Select the correct answer using the codes given below.

    Asked in: APSC CCE Prelims Exam 2022

    1. Only (i)
    2. Only (ii)
    3. Only (iii)
    4. Both (i) and (ii)
    Show answer

    Answer: B. Only (ii)

    According to the proviso to Article 3, a Bill for the formation of new States or alteration of areas, boundaries or names of existing States must be referred by the President to the legislature of the affected State(s) for expressing its/their views within a specified period. Statement (i) is correct. However, the President (and thus the Parliament) is not bound by the views or opinion of the state legislature. Parliament can pass the Bill irrespective of whether the state legislature has submitted its views or not, or whether it has approved or disapproved the Bill. Statement (ii) is not correct. A Bill under Article 3 can only be introduced in either House of Parliament on the recommendation of the President. Statement (iii) is correct.

  2. Consider the following statements. 1. A Bill to alter the boundaries of any State can be introduced in the Parliament only with the prior recommendation of the President. 2. President has to refer the Bill which alters the boundaries of the State to the state legislature concerned for expressing its views within a specified period. 3. President is bound by the views of the state legislature. Which of the above statements is/are correct?

    Asked in: GPSC Prelims CSP 1 2024

    1. 1 only
    2. 1, 2
    3. 1, 3
    4. 1, 2, 3
    Show answer

    Answer: B. 1, 2

    Article 3 of the Constitution mandates that a bill for the formation of new states or alteration of areas, boundaries, or names of existing states must be introduced in Parliament only on the prior recommendation of the President (Statement 1). Before making this recommendation, the President must refer the bill to the legislature of the concerned state(s) to express their views within a specified period (Statement 2).

  3. Which of the following statements are correct regarding the powers of Indian Parliament in the context of Article 3? 1. Parliament can introduce a Bill regarding reorganization of the states only with the prior permission of the President. 2. Before giving permission to the Bill, the President can refer the Bill to the state legislature concerned. 3. The President can accept or reject the recommendations of the state legislature. 4. In case of Union Territory, President will take special permission of the Rajya Sabha.

    Asked in: GPSC Prelims CSP 1 2021

    1. 1, 2, 3 and 4
    2. 1, 2 and 3 only
    3. 2, 3 and 4 only
    4. 1 and 4 only
    Show answer

    Answer: B. 1, 2 and 3 only

    - Statement 1 is correct. According to Article 3 of the Constitution, a Bill for the formation of new states or alteration of areas, boundaries, or names of existing states can be introduced in either House of Parliament only on the recommendation of the President. - Statement 2 is correct. Before recommending the Bill, the President must refer it to the state legislature concerned for expressing its views within such period as may be specified by the President. This requirement applies to Bills affecting the area, boundaries, or name of a state. - Statement 3 is correct. The President (and Parliament) is not bound by the views expressed by the state legislature. Parliament can accept or reject the recommendations of the state legislature. - Statement 4 is incorrect. In the case of a Union Territory, Article 3 does not require the President to refer the Bill to the concerned legislature of the Union Territory. Parliament can legislate directly on matters relating to Union Territories. There is no requirement for special permission from the Rajya Sabha.

  4. Which one of the following statements is not correct regarding the formation of a new state?

    Asked in: MPSC CS Prelims 2020

    1. No bills for the formation of a new state shall be introduced in either house of Parliament except on the recommendation of the President.
    2. The President, before introducing the bill in the Parliament, shall refer it to the concerned State Legislature for its views within a specified time limit.
    3. Parliament can form a new state only by a law passed by a special majority.
    4. The Parliament is not bound to accept the views (opinion) of the State Legislature.
    Show answer

    Answer: C. Parliament can form a new state only by a law passed by a special majority.

    Article 3 of the Constitution of India deals with the formation of new states and alteration of areas, boundaries, or names of existing states. Article 4(2) explicitly states that any law referred to in Article 2 or Article 3 shall not be deemed to be an amendment of the Constitution for the purposes of Article

  5. This means such a law can be passed by a simple majority of Parliament. 110. The Parliament of India may form a new State by separation of territory from any State or by unifying any territory to a part of any State. Which of the following procedures is/are true in this regard? 1. By a simple majority and by the ordinary legislative process 2. On the recommendation of the President, who usually has to refer the bill to the legislature of the State(s) which is/are affected by the changes proposed in the bill 3. On the advice of the Prime Minister to the President Select the correct answer using the code given below.

    Asked in: UPSC CAPF 2013

    1. 1 and 2 only
    2. 1 and 3 only
    3. 1, 2, 3 and 4
    4. 3 and 4 only
    Show answer

    Answer: A. 1 and 2 only

    - Statement 1: Article 3 of the Constitution empowers Parliament to form a new State, increase or decrease the area of any State, alter the boundaries or the name of any State by law. Such a law is passed by a simple majority of Parliament, and the procedure is considered an ordinary legislative process (not an amendment under Article 368). This statement is correct. - Statement 2: Article 3 requires that a bill for any of the changes mentioned above can be introduced in either House of Parliament only on the recommendation of the President. Before recommending the bill, the President must refer it to the Legislature of the affected State(s) to express their views within a specified period. Parliament is not bound by the views expressed by the State Legislature, but the referral is mandatory. This statement is correct. - Statement 3: While the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74), the specific constitutional procedure laid down in Article 3 involves the President's recommendation after the mandatory referral to state legislatures. Simply stating it's on the advice of the Prime Minister is an incomplete description of the constitutional requirement under Article 3 regarding the formation/alteration of states.

Role of the President and Parliament in administering Union Territories

  1. The Administrator appointed by the President of India, under Article 239 of the Indian Constitution is _______. 1. Is a purely constitutional functionary 2. Occupies position equivalent to that of Governor 3. Is answerable to the Legislature, if Legislature exists

    Asked in: GPSC Prelims CSP 1 2022

    1. 1 only
    2. 1 and 2 only
    3. 1 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: A. 1 only

    - Statement 1: The Administrator is appointed by the President under the authority granted by Article 239 of the Constitution to administer Union Territories. This makes the position a constitutional functionary. - Statement 2: The position of an Administrator in a Union Territory is not equivalent to that of a Governor of a State. Governors are constitutional heads of states in a federal setup, acting on the aid and advice of a Council of Ministers (except in limited circumstances). Administrators in Union Territories are representatives or agents of the President (Union government) and may exercise more direct authority, especially in UTs without a legislature. - Statement 3: Administrators are appointed by and answerable to the President (Union Government), not the Legislature of the Union Territory, even if one exists. While they interact with the legislature and the Council of Ministers in UTs like Delhi and Puducherry, their primary accountability is to the Union.

  2. 1.Union Territories in India are administered by :

    Asked in: UPPCS Prelims 1995

    1. The President
    2. The Lt.Governor
    3. Home Minister
    4. Administrator
    Show answer

    Answer: A. The President

    Union Territories are directly administered by the President of India.

  3. The Parliament has the power to legislate on the subjects of all three Lists in respect of A) Backward areas B) Hill areas C) Scheduled areas D) Union Territories

    Asked in: WBCS Main Paper 5 2019

    1. Backward areas
    2. Hill areas
    3. Scheduled areas
    4. Union Territories
    Show answer

    Answer: D. Union Territories

    Union Territories are directly administered by the Union Government. Although some UTs have their own elected legislatures, Parliament retains overarching legislative authority over them, extending to matters in the State List as well.

  4. Who has the right to determine the election process of members of the Union Territory in the Rajya Sabha in India ? - Question not attempted

    Asked in: Exam 2024 Group e 2024

    1. Parliament
    2. Election Commission of India
    3. The particular Union Territory
    4. The Election Commission of particular Union Territory
    Show answer

    Answer: A. Parliament

    Lecturer and Coach (School Edu. Dept.) Comp. According to Article 80 of the Constitution of India, the Rajya Sabha consists of not more than 238 representatives of the States and of the Union territories, chosen by indirect election from the electoral colleges for each. However, the election process for the representatives of Union Territories in the Rajya Sabha is determined by Parliament. The specific rules and procedures are laid down by the Representation of the People Act, enacted by Parliament.

  5. Which one of the following pairs is not correctly matched in terms of the power of the President of India to make Regulation for certain Union Territories under Article 240 of the Indian Constitution?

    Asked in: ADDITIONAL PRIVATE SECRETARY EXAM 2023

    1. 240 (1)(a) - Andaman and Nicobar Islands
    2. 240 (1)(b) - Lakshadweep
    3. 240 (1)(c) - Puducherry
    4. 240 (1)(d) - Daman and Diu
    Show answer

    Answer: D. 240 (1)(d) - Daman and Diu

    Article 240 of the Indian Constitution empowers the President to make regulations for the peace, progress, and good government of certain Union Territories. The specific clauses within Article 240(1) list different Union Territories to which this power applies.

Special constitutional provisions for Puducherry and other UTs with legislatures

  1. The woman Lieutenant Governor who served Pondicherry Union Territory during 1998 - 2002 was

    Asked in: APPSC Group 1 Prelims 2011

    1. Chandravati
    2. M. Fathima Beevi
    3. V.S. Rama Devi
    4. Rajani Rai
    Show answer

    Answer: D. Rajani Rai

    This question tests knowledge of specific gubernatorial appointments in Union Territories during a particular period.

  2. Inner Line Permit (ILP) is an official travel document issued by the Government of India to allow inward travel of an Indian citizen into a protected area for a limited period in specific States. Which of the following States needs ILP for Indian citizens from outside those States to travel in protected areas ? A. Manipur B. Mizoram C. Nagaland D. Arunachal Pradesh E. Assam Select the code for the correct answer from the options given below :

    Asked in: KPSC KAS Prelims 2015

    1. A, B, C, D
    2. B, C and D only
    3. D and E only
    4. A, B, C, D, E
    Show answer

    Answer: A. A, B, C, D

    The Inner Line Permit is a special permit required by Indian citizens to visit areas protected under the Bengal Eastern Frontier Regulation, 1873. It is currently applicable to four states in North-East India.

  3. Which of the following statements is/are correct? 1. Not all Union Territories have Legislative Assemblies. 2. Union Territory of Puducherry has a Legislative Assembly. Select the correct answer using the code given below.

    Asked in: UPSC CBI DSP LDCE 2023

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C. Both 1 and 2

    Only some Union Territories (Delhi, Puducherry, J&K) have Legislative Assemblies; others are directly administered by the Centre through an Administrator.

  4. Which one of the following Union Territories has a Legislative Assembly ?

    Asked in: UPSC SO Steno 2017

    1. Puducherry
    2. Chandigarh
    3. Lakshadweep
    4. Daman and Diu
    Show answer

    Answer: A. Puducherry

    As per the constitutional provisions and laws governing Union Territories, Puducherry (formerly Pondicherry) has a Legislative Assembly and a Council of Ministers headed by a Chief Minister. This setup is established under Article 239A of the Constitution and the Government of Union Territories Act, 1963. As of the time period when this question would likely have been framed, Delhi and Puducherry were the two Union Territories with Legislative Assemblies.

  5. Which one of the following States has a Constitution of its own?

    Asked in: Group B Exam 2012

    1. Tamil Nadu
    2. Karnataka
    3. Jammu & Kashmir
    4. None of these
    Show answer

    Answer: D. None of these

    The Indian Constitution is the supreme law of the land for all states and Union Territories. Historically, Jammu and Kashmir had a special status with its own constitution under Article 370, but this was abrogated in 2019.

Special constitutional provisions for the National Capital Territory of Delhi (Article 239AA, 239AB)

  1. Which one of the following statements in respect of the States of India is not correct?

    Asked in: UPSC CDS 1 2018

    1. States in India cannot have their own Constitu‐ tions.
    2. The State of Jammu and Kashmir has its own Constitution.
    3. States in India do not have the right to secede from the Union of India.
    4. The maximum number of members in the Council of Ministers of Delhi can be 15 percent of the total number of members in the Legislative Assembly.
    Show answer

    Answer: D. The maximum number of members in the Council of Ministers of Delhi can be 15 percent of the total number of members in the Legislative Assembly.

    - India has a single Constitution applicable to all states (with historical exceptions like J&K). - States cannot secede from the Union. - The size of the Council of Ministers in states is generally limited to 15% of the Assembly strength (by the 91st Amendment). - For Delhi specifically, the limit for the Council of Ministers is 10% of the Assembly strength.

  2. The recent Supreme Court ruling about the limitations of the powers of Lt. Governor of Delhi vis-à-vis the Chief Minister of Delhi has been making news. In this case, who out of the following was one of the defence counsels for Aam Aadmi Party ?

    Asked in: PPSC CS Prelims 2018

    1. Ram Jethmalani
    2. P. Chidambaram
    3. Dushyant Dave
    4. Mukul Rohatgi
    Show answer

    Answer: C. Dushyant Dave

    The legal battle between the Delhi government (led by AAP) and the Central government/Lt. Governor over administrative control reached the Supreme Court. Several senior lawyers represented the parties involved. Dushyant Dave was a prominent lawyer who argued on behalf of the Delhi government, contesting the powers asserted by the Lt. Governor.

  3. The Constitution of Jammu and Kashmir came into force on :

    Asked in: UPSC CAPF 2016

    1. 15 August 1946
    2. 15 August 1947
    3. 26 January 1950
    4. 26 January 1957
    Show answer

    Answer: D. 26 January 1957

    Jammu and Kashmir had a special status under Article 370 of the Constitution of India (now revoked). It had its own Constitution. - The Constituent Assembly of Jammu and Kashmir was convened in 1951 to draft a Constitution for the state. - The Constitution was adopted by the Constituent Assembly on November 17, 1956. - The Constitution of Jammu and Kashmir came into force on January 26, 1957. This date coincided with India's Republic Day. - 15 August 1947 (B) is India's Independence Day; 26 January 1950 (C) is India's Republic Day, when the Constitution of India came into force.

  4. Article 239 AB of the Constitution provides

    Asked in: Civil Judge (Junior Division) Exam 2013

    1. Power of administrator to promulgate ordin‐ ances during recess of legislature.
    2. Power of the President to make regulations for certain Union Territories.
    3. Provision in case of failure of constitutional machinery of National Capital Territory.
    4. None of the above
    Show answer

    Answer: C. Provision in case of failure of constitutional machinery of National Capital Territory.

    Article 239 AB deals with the failure of constitutional machinery in the National Capital Territory of Delhi.

  5. Who is presently the Lieutenant Governor of Delhi?

    Asked in: Lower Subordinate Service Examination 2021

    1. Kiran Bedi
    2. Tejendra Khanna
    3. Najeeb Jung
    4. Anil Baijal
    Show answer

    Answer: D. Anil Baijal

    This question tests knowledge of current administrative appointments. Lieutenant Governors are important constitutional functionaries for Union Territories like Delhi.

Types of Union Territories and their administration

  1. States and Union Territories grouped with an advisory council each is known as

    Asked in: APPSC Group 1 Prelims 2011

    1. State Council
    2. Regional Council
    3. Joint Council
    4. Zonal Council
    Show answer

    Answer: D. Zonal Council

    Zonal Councils are statutory bodies established under Part III of the States Reorganisation Act,

  2. They provide a platform for states within a zone to discuss and resolve issues of common interest. 127. According to the 2001 Census, the Union Territory with lowest population in India is

    Asked in: APPSC Group 1 Prelims 2011

    1. Pondicherry
    2. Chandigarh
    3. Lakshadweep
    4. Delhi
    Show answer

    Answer: C. Lakshadweep

    According to the Census of India 2001, Lakshadweep had the lowest population among all Union Territories, with a total population of 60,650.

  3. Which one of the following States was never granted the Special Category Status (SCS) by the Central Government?

    Asked in: BPSC Prelims Exam 65th

    1. Bihar
    2. Sikkim
    3. Himachal Pradesh
    4. Jammu and Kashmir
    Show answer

    Answer: A. Bihar

    Bihar has repeatedly requested Special Category Status (SCS) from the Central Government, citing its economic backwardness, high population density, and vulnerability to natural disasters. However, despite these demands, Bihar has never been granted SCS by the Central Government. Sikkim, Himachal Pradesh, and Jammu and Kashmir (before its reorganization) were among the states that have been granted SCS.

  4. Which Union Territory formed after division of Jammu and Kashmir State does not have a legislature of its own?

    Asked in: BPSC Prelims Exam 67th Cancelled

    1. Jammu
    2. Kashmir
    3. Ladakh
    4. Both Kashmir and Ladakh
    Show answer

    Answer: C. Ladakh

    Following the bifurcation of the erstwhile state of Jammu and Kashmir in 2019, it was divided into two Union Territories: Jammu and Kashmir (which retained a legislature) and Ladakh (which was created without a legislature).

  5. Who is appointed as first Lieutenant Governor of the Union Territory of Ladakh ?

    Asked in: CGPSC Prelims Exam 2019

    1. Girish Chandra Murmu
    2. Radha Krishna Mathur
    3. Satya Pal Malik
    4. N.N. Vohra
    Show answer

    Answer: B. Radha Krishna Mathur

    Following the abrogation of Article 370 and the bifurcation of the state of Jammu and Kashmir into two Union Territories - Jammu and Kashmir, and Ladakh - in August 2019, the appointment of Lieutenant Governors for the new UTs was made.

  6. Match the following Union Territories with their years of creation : Union Territories Years of Creation (a) Lakshadweep (i) 1961 (b) Daman and Diu (ii) 1966 (c) Chandigarh (iii) 1962 (d) Dadra and Nagar Haveli (iv) 1956

    Asked in: CGPSC Prelims Exam 2021

    1. (a)-(i), (b)-(ii), (c)-(iii), (d)-(iv)
    2. (a)-(iv), (b)-(iii), (c)-(ii), (d)-(i)
    3. (a)-(iv), (b)-(ii), (c)-(iii), (d)-(i)
    4. (a)-(i), (b)-(iii), (c)-(ii), (d)-(iv)
    Show answer

    Answer: B. (a)-(iv), (b)-(iii), (c)-(ii), (d)-(i)

    The years refer to the formation or reorganization of these areas as Union Territories of India.

  7. Which Union territory of India celebrates Accession Day on October 26?

    Asked in: GPSC Prelims CSP 2 2024

    1. Jammu and Kashmir
    2. Ladakh
    3. Chandigarh
    4. Lakshadweep
    Show answer

    Answer: A. Jammu and Kashmir

    October 26 marks the day in 1947 when Maharaja Hari Singh, the then ruler of the princely state of Jammu and Kashmir, signed the Instrument of Accession to the Union of India. This day is observed as a public holiday in the Union Territory of Jammu and Kashmir.

  8. Who headed the committee of Government of India which recommended the transfer of more subjects to the Territorial Council in 1962 ?

    Asked in: HPPSC HPAS Prelims 2010

    1. M.C. Chagla
    2. Ashok K. Sen
    3. Lal Bahadur Shastri
    4. Hukam Singh
    Show answer

    Answer: D. Hukam Singh

    The Hukam Singh Committee was formed to review the working of Territorial Councils in Union Territories like Himachal Pradesh and recommend measures for greater devolution of powers, ultimately leading to the demand for full statehood.