Article 1

Name and Territory of the Union

Article 1 establishes the constitutional identity of India — India, that is Bharat — and defines the Republic as a Union of States. This foundational provision affirms the permanence of the Union, the absence of any right to secession, and the flexible structure of India’s territory through the First Schedule.

Constitutional Text

(1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.

(3) The territory of India shall comprise —
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

Summary

  • India has two official constitutional names: India and Bharat.
  • India is a Union of States, not a federation formed by agreement.
  • The States and Union Territories are listed in the First Schedule.
  • Parliament may acquire new territory for India.

Explanation

Article 1 establishes the constitutional identity and territorial structure of the Republic.
The phrase Union of States was chosen to highlight:

  1. The Union is indissoluble.
  2. No State has a right to secede.
  3. The Union exists independently of the States.
  4. Parliament has plenary power to reorganise States.

Clause (3) makes clear that India includes State territories, Union Territories, and any territory that India may legally acquire.

Historical Context

  • The framers debated the cultural and historical significance of Bharat and India.
  • The Union model was chosen to prevent secession and ensure permanence.
  • Integration of princely states required a flexible territorial structure.
  • Future reorganisations (linguistic, cultural, administrative) were anticipated.

Key Judicial Interpretation

Berubari Union Reference (1960)

Cession of Indian territory to another country requires a constitutional amendment under Article 368.

State Reorganisation Cases

The Supreme Court confirmed Parliament’s broad power to alter State boundaries under Articles 2–4.

Cross-References

  • Article 2 — Admission / establishment of new States (page coming soon)
  • Article 3 — Formation of new States; alteration of boundaries (page coming soon)
  • Article 4 — Laws under Articles 2 and 3 modify the First Schedule
  • First Schedule — List of States and Union Territories

Further Reading

  • Constituent Assembly Debates (November 1948)
  • First Schedule of the Constitution of India
  • Supreme Court judgments on territorial change