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Article 1: The Foundation of India



  May 02, 2024

Article 1: The Foundation of India



► Clause 1:

● Names: Establishes India's official names: "India" (its English name) and "Bharat" (its Hindi name). Both are equally official.

● Structure: Declares India as a "Union of States" giving importance to States. 

► Clause 2:

● Components: Specifies that India consists of the states and territories listed in the First Schedule of the Constitution.

► Clause 3:

● Territorial Scope: Defines India's territory as:

   a) Territories of the existing states

   b) Union Territories listed in the First Schedule

   c) Any future territories that India might acquire

► Key Takeaways

● India's Identity: Article 1 establishes India's name, emphasizing its dual identity with both English and Hindi names.

● Territorial Flexibility: It allows for the future acquisition of territories, acknowledging the potential for change in India's geographical boundaries.

► Important Points:

India: A Union of States

● India is comprised of 28 states and 8 Union Territories.

● The term "Union of States" doesn't imply a unitary structure. India has a strong federal character.

● Reasons for using  "Union of States" wording include:

   ○ India was already a union when the Constitution was drafted.

   The desire to emphasize India's unity and indivisibility.

   ○ States do not have the right to secede, unlike classic federations.

► Key Terms

● Union of India: Refers specifically to the states, highlighting their federal relationship with the central government.

● Territory of India: A broader geographical term encompassing states, Union Territories, and any potentially acquired territories.

● Republic of India: India's official name in the international context.

● Union of India (legal): The central government's legal name (e.g., used in lawsuits).

► Acquiring and Ceding Territory

● The government can acquire territory (Article 1(3)(c)), but there is no constitutional provision for ceding territory.

● The Supreme Court has ruled that a constitutional amendment is required to cede any Indian territory.



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