apex court wondered that the usage of the term 'acquired' gives the right to State to use an
expansionist foreign policy

The court termed that acquisition of foreign territories is done under the
aegis of international law and just the mere usage of the term 'acquired' doesn't confer the government a right to acquire territory.

no unanimity in the Constituent Assembly with
regard to the name of the country

The country is an integral whole and divided intodifferent states only for the convenience of administration

The states are the members of the federal system and share a distribution of powers with the Centre

Union territories and the acquired territories,on the other hand, aredirectly administered by the Central government

Form a New State by Separation of Territories

1.Powers to admit Union of India new States

President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them,

it is not necessary to make a
fresh reference to the state legislature every time an amendment is moved (Babulal vs state of bombay)

Union Government can destroy the states whereas the state
governments cannot destroy the Union

Assembly remarked that use of this power should not be arbitrary such that it reduces the states
to glorified municipalities.

can be done by executive action as it does not involve cession of Indian territory to a foreign country

separate constitutional amendment has to be brought to bring into such effect. Hence the 9
th Constitutional Amendment Act was passed.

in the recent times, with respect to the issues of enclaves in Bangladesh, the 100th CAA

Kashmir by the Instrument of Accession.

Junagarh by means of referendum

Part B (9 States that were formerly Princely States)

Part C (10 states that were chief commissioner provinces)

The Andaman and Nicobar Islands
were kept as the solitary Part D territories

Part A (9 states that were governor provinces)

recommended the reorganisation of states on the basis ofadministrative convenience rather than linguistic factor.

Rejected the demand of linguistic reorganization.

spur further such demands due to the large number of languages in country

stall the process of building national identity

since language is a very strong bond and hence may lead to fears of secession as seen in Europe

Fazl Ali Commission

Fazl Ali as the
Chairperson and KM Pannikar and HN Kunzru as other members.

Not using the linguistic basis that would threaten the unity of the country.

It further rejected the principle of one state-one language as seen in the case of Hindi.

Economic and financial viability should be a viable unit for planned economic development

If the states were multilingual, it would become difficult to administer them.

Education in mother tongue helps in personal development; it further helps in development of regional culture and language.

Masses can participate in democratic culture.

Secular basis of reorganization that transcends identities like caste and religion.

It recommended 16 States and 3 Union Territories. The Union finally modified that into 14 state and 6 Union Territories and it gave away with the earlier fourfold classification as seen in the British Era

1953, the state of Andhra Pradesh was created as the first linguistically organized state in Independent India.

Ramchandra Guha in his book 'India After Gandhi' states that if Nehru was the maker of Modern India, then Potti
Sriramulu was the Mercator of Modern India

(a) Preservation and strengthening of the unity and security of INDIA

(b) Linguistic and cultural homogeneity.

(c) Financial, economic and administrative considerations.

(d) Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

union territory of India by the 10th ConstitutionalAmendment Act, 1961.

Later, in 1987, Goa was conferred a statehood

it was administered as an ‘acquired territory’, till
1962 when it was made a union territory by the 14th CAA

1963, the State of Nagaland was formed by taking the Naga
Hills and Tuensang area out of the state of Assam.

In 1971, the union territory of Himachal Pradesh was
elevated to the status of a state (18th state of the Indian Union).

the two union
territories of Mizoram and Arunachal Pradesh (originally known as North-East Frontier Agency–NEFA) came into being

Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state).

Administrative convenience is cited as a benefit

Large state has various terrains, development priorities and thus needs multiple perspectives in a
single state to bring about equitable development

small state is
more homogenous in nature and thus the planning and development exercise is relatively easier too

smaller states have historically had higher growth rates in retrospect in case of Punjab and Haryana; successor states like Uttarakhand, Jharkhand and Chhattisgarh,

capital in smaller states is much nearer to the population and hence more democratic
participation can be expected but this has not beared out in reality

Koshal (Odisha),

Vidarbha and Kon kan (Maharashtra),

Gorkhaland(West Bengal).

Kodagu(Karnataka),

Bodoland (Assam),

Maru Pradesh (Rajasthan),

Delhi's Demand for Statehood

J&K Demand for Statehood

LADAKH Demand for Statehood

The process of state reorganization is an evolving exercise and not a one stop exercise and as the
demands for statehood arise, they have to be examined properly.

30 years of LPG reforms has brought about many demographic, economic, social and regional
imbalances and allegations of regional neglect.

• Population in certain states has grown very large leading to concerns about governance

Hyderabad by means of police action

The British provinces - Under the direct rule of
British government

Indian Independence Act (1947) created two
independent and separate dominions of India and Pakistan.

In the case of Union Territories, it is not necessary to obtain the views of legislatures of Union Territories before a Bill affecting their boundaries or
names is introduced

First Schedule: Names of the States in the Union of INDIA

Fourth Schedule: A number of seats allotted in the Rajya Sabha for each state.

Through this act, the distinction of between the part
A and B states was done away with.

The part C states were abolished through this act

The Act created 14 States and 6 UTs as under

Darjeeling
Gorkhaland Hill Council (West Bengal), LAHDC (J&K)

Vidharbha and
Saurashtra which are in Maharashtra and Gujarat

Financial Hardship

Lakshadweep and the Andaman and Nicobar Islands

Daman and Diu, Dadra Nagar Haveli, Puducherry (French),Ladakh

Delhi and Chandigarh

The union territories are dealt with in Articles 239 to 241 of Part VIII of the Constitution, and their administrative system is not consistent

In 1962, Parliament passed Article 239A, allowing it to construct legislatures for the UTs.

Constitution, which has unique provisions for the National Capital Territory of Delhi.

The Centre's Ministry of
Home Affairs is the nodal ministry for all things concerning Union Territories, including legislation,
money and budget, services, and the appointment of Administrators

The National Capital Territory of Delhi is the only one
that has its own High Court

Article 239AB provides that the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article. This provision resembles Article 356 (President’s Rule).

In the Government of NCT of Delhi vs Union of India and Another in 2018 case, the SC held that:

The government was not under obligation to seek the concurrence of the L-G on its decisions and

That any differences between them should be resolved keeping in view the constitutional primacy of representative government and cooperative federalism.

It amended the Sections 21, 24, 33 and 44 of the 1991 Act.

States that the “government” in the National Capital Territory of Delhi meant the Lieutenant-Governor of Delhi.

It gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.

It seeks to ensure that the L-G is “necessarily granted an opportunity” to give her or his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.

It bars the Assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries in relation to administrative decisions.

The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi.

however, it would not extend to the services which comes under land, law and order and police.

Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order."

The Lok Sabha on 3 aug 2023 passed the Government of NCT of Delhi (Amendment) Bill, 2023 to replace the Delhi Services Ordinance promulgated by the President of India.

The Ordinance stated that it is in the larger national interest that the people of the entire country have some role in the administration of the national capital through the democratically elected Central government.

Delimitation became necessary when the Jammu and Kashmir Reorganization Act, 2019 increased the number of seats in the Assembly.

The erstwhile J&K state had 111 seats — 46 in Kashmir, 37 in Jammu, and 4 in Ladakh — plus 24 seats reserved for Pakistan-occupied Kashmir (PoK)

The Delimitation Commission was set up on 6th
March 2020. It was headed by retired Supreme Court Justice Ranjana Prakash Desai

o In recent award, the Commission has increased seven Assembly seats — six in Jammu (now 43 seats) and one in Kashmir (now 47).

The Supreme Court said that after the 1948 Instrument of Accession (IoA) of Jammu and Kashmir to India is subsumed in the J&K Constitution, which came into effect in 1957, the IoA cannot be said to place any fetters on Parliament’s power to make laws regarding the erstwhile state.

Therefore, the 1972 order makes it beyond the pale of doubt that sovereignty vested exclusively in India and, therefore, no vestige of sovereignty was retained post the instrument of accession

the fetters were placed by way of the 1954 Constitution order. “The 1954 order and J&K Constitution speak to each other,” once that order is removed fetters are gone

These subjects were Defence, Foreign Affairs
and Communications.

Hence, the key issue of
whether the status could have been abrogated unilaterally is being argued in historical terms,
and not merely in legal terms

(a)On items in the Union List and Concurrent List, the power of Parliament to make laws for the State will be limited to those matters that correspond to those specified in the Instrument of Accession; and, even that will be in ‘consultation’ with the State government

(b) On other matters in these Lists, Parliament can make laws for the State only with the State government’s ‘concurrence’. This is why until before the abrogation, Indian laws did not automatically apply to Jammu and Kashmir.

(c) Article 1 (which declares India a Union of States) and Article 370 itself were made applicable as such to J&K

Finally, the Article provided for its own demise: the President could declare it inoperative if there is such a recommendation from the State Constituent Assembly

It superseded the Constitution (Application to Jammu and Kashmir) Order, 1954, and the amendments made to it in subsequent years.

For this, it added provisions to Article 367 of the Constitution which describes how to interpret some terms

All references to the State government shall mean “the Governor”.

the reference to the “Constituent Assembly” in a proviso to Article 370 (3) was amended to read “Legislative Assembly of the State”.

According to Article 275 of the Indian Constitution, the central government may provide any state with additional financial aid outside of the recommendations of the Finance Commission.

including hilly and challenging terrain,

The social, economic, and geographic backwardness of these three states was the justification for granting them special status.

strategic border locations,

low per capita income,

low population density,

the presence of sizable tribal populations,

economic and infrastructure backwardness,

and the unviable nature of State finances, are given special category status.

The Constitution does not contain any SCS provisions.

To provide central assistance and tax breaks to underprivileged states as preferential treatment.

Five more states were included in the special category between 1974 and 1979. These include Himachal Pradesh, Manipur, Meghalaya, Sikkim, and Tripura.

The number of states with Special Category status rose to eleven in 1990, with the accession of Arunachal Pradesh and Mizoram. In 2001, the state of Uttarakhand was granted Special Category Status.

Telangana, India’s newest state, received this status as a result of being split apart from Andhra Pradesh, which had an adverse financial impact.

90% of all state expenditures for all centrally sponsored programs and outside assistance are covered by the central government, and the remaining 10% is given to the state as a zero-interest loan.

For states in the general category, the typical loan-to-grant ratio is 70% loan and 30% grant.

Receiving special consideration when applying for government funding.

Reductions in excise taxes to draw enterprises to the state.

States in the special category are given 30% of the total federal budget.

These states have access to programs for debt reduction and debt exchange.

To entice investment, states with Special Category Status are excluded from excise taxes, customs taxes, corporate taxes, income taxes, and other taxes.

Unique Category When it comes to receiving central funds, states are given preference, attracting development projects there.

Unique Category States have the option to carry over any unused funds from one fiscal year to the following without having them expire.

Marathwada, and the rest of Maharashtra,

This was done for the purpose of ensuring equitable allocation of funds for meeting the developmental expenses over the said areas, an equitable arrangement to provide adequate facilities for technical education and vocational training, and adequate employment opportunities under the state government.

i) religious and social practice of the Nagas,

ii) customary law and procedures of the Nagas,

iii) administration of civil and criminal justice in accordance with Naga customary laws,

iv) the transfer of land ownership, and its resources.

President may order through a notification on cessation of such responsibility from a specified date

The leaders of the Assam movement agreed to accept all the migrants who had entered into the State prior to 1st January 1966.

The Government of India identified various concerns of the Assamese people and agreed to revise the electoral database on that date.

The GOI agreed to secure the international border between India and Bangladesh located at Assam by erecting walls, placing barbed wires, deploying security forces, etc.

All police charges against the leader of the Assamese movement from the initiation of the movement until the signing of the accord were withdrawn.

Special provision for the State of Manipur

Special provisions relating to the State of Andhra Pradesh or the State of Telangana. Establishment of Central University in Andhra Pradesh

According to Article 371 E, the Parliament may by law provide for the establishment of a Central University in the State of Andhra Pradesh.

Special provisions for the State of Sikkim

i) religious or social practices of the Mizos,

ii) customary and procedural laws of the Mizos,

iii)administration of civil and criminal justice in accordance with the Mizo customary law,

iv) land ownership and transfer.

The State Assembly of Mizoram shall consist of at least 40 members.

Special provision for the State of Arunachal Pradesh

Special provision relating to the State of Goa

Establishment of a separate development board for the Hyderabad-Karnataka region

At the same time, a reorganization act was also passed, which reconstituted the state into two union territories, Jammu and Kashmir and Ladakh.

said that nothing wrong in doing away with 370