Articles Dealing with the Territory of India

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1. Article 1 (Defines India in terms of territory)
2. Article 2 (Enables admission/creation of new states into India)
3. Article 3 (Formation of new states and alteration of names, boundaries, and areas of existing states)
4. 1st Schedule (Lists States and UTs and their extents)
5. Article 368 (Constitutional amendments)
6. 9th Constitutional Amendment Act (1960) (Transfer of Indian territory to foreign powers)



Q. Is constitutional amendment required for ceding Indian territory to a foreign power? 
What about settlement of boundary disputes?

A. Yes. Constitutional amendment is required. Refer Berubari Union case, wherein SC held that the power of Parliament to diminish area of a state, under Article 3, does NOT cover cession of Indian territory to a foreign power. This SC ruling along with the consequent 9th Amendment Act (1960) requires constitutional amendment under Article 368. 
HOWEVER, SC also ruled, in 1969,  that settlement of boundary dispute between India and another country does NOT require constitutional amendment. Such settlement can be done via executive action as it does not require cession of Indian territory.


Q. Enumerate some issues associated with creation of new states.
OR
Key points to consider when deciding if new states are required or not.

A. Creating new states may have some issues associated with it, such as: 
1. Power capture by dominant community/caste/tribe.
2. Increase in intra-regional rivalries among sub-regions.
3. Increase in inter-state water/power/boundary disputes.
4. Instability in government as small group of legislators could make or break the government.
5. Wastage of finances due to duplication of work, creation of new capitals, distribution of officials, etc.

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