Article 2 of the Indian Constitution is of great significance because it grants the Parliament of India the authority to admit or create new Union Territories Within the Indian Union. It governs the establishment, modification, and administration of Union Territories, which are distinct from states. The purpose of this article is to provide a comprehensive analysis of Article 2 of the Indian Constitution, including its historical context, essential provisions, and influence on India’s Union Territories and administrative structure.
Historical Context
Several regions did not fall into the categorization of states during the drafting of the Indian Constitution for various historical, cultural, or geographical reasons. Article 2 was added to address these distinct territories and provide a legal framework for their administration and governance.
Principal Provisions
Article 2 grants the Parliament of India the authority to admit new territories or establish Union Territories by separating territories from existing states or by merging two or more states or portions thereof. The Parliament has the authority to pass laws governing the administration and governance of these Union Territories.
Article 2 permits the alteration of the boundaries of extant Union Territories or the consolidation of Union Territories with states. Such modifications necessitate parliamentary action.
Creation and Management of Union Territories
Some Union Territories, including Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep, lack their own individual legislatures. The President of India governs them directly and appoints an Administrator to carry out executive duties.
Union Territories such as Delhi and Puducherry have their own legislature and elected representatives. These Union Territories have some legislative autonomy, with the authority to enact laws pertaining to matters within their jurisdiction. However, land, law enforcement, and public order remain the responsibility of the central government.
Significance and Role
Governance and Administration: Article 2 plays an essential role in establishing the legal framework for the governance and administration of Union Territories. It ensures that these territories are effectively administered, taking into account their unique needs and circumstances.
Balance of Power: The provision permits the redrawing of boundaries and the merger of Union Territories with states, which contributes to the maintenance of a balance of power between the federal government and the states. It allows for the modification of administrative divisions to accommodate regional aspirations and promote effective governance.
Article 2 ensures the preservation of national integrity by including diverse regions that do not suit within the state structure. It permits the incorporation of territories with particular historical, cultural, or geographical significance while preserving their administrative status.
Modifications and Reorganization
In order to accommodate alterations in the administrative divisions of Union Territories, Article 2 has evolved over time. The 2020 merger of Dadra and Nagar Haveli with Daman and Diu, followed by the formation of separate Union Territories for both, exemplifies the adaptability of Article 2 in addressing changing administrative requirements.
Article 2 of the Indian Constitution has a significant impact on the governance of India’s Union Territories. It grants the Parliament the authority to admit new territories or create Union Territories by redrawing borders and merging regions. The provision ensures efficient administration, maintains a balance of power between the federal government and the states, and promotes national unity while recognizing the distinctiveness of these territories. Article 2 is essential for preserving a cohesive and well-structured administrative framework for India’s diverse Union Territories.