Union And The Territory MCQ Questions and Answers

Statement 1 is incorrect. Article 2 grants two powers to the Parliament: the power to admit into the Union of India new states the power to establish new states. The first refers to the admission of states which are already in existence, while the second refers to the establishment of states which were not in existence before.
Article 3 relates to the formation of or changes in the existing states of the Union of India.
Statement 2 is correct. The Supreme Court in 1969 ruled that settlement of an international boundary dispute does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
Statement 3 is correct. The 100th Constitutional Amendment Act(2015) was enacted to give eff ect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh.
Knowledge Base: The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.

Statement 1 is correct. A country is called ‘federation of states’ when it is the result of an agreement among the states. According to Dr. B.R. Ambedkar, countries like USA is ‘federation of states’ because the federation is the result of an agreement among the states.
Statement 2 is correct. States which come together as a ‘Union’, does not have right secede from the federation. Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. The Indian federation is a Union because it is indestructible. India is an integral whole and divided into diff erent states only for the convenience of administration.

Statement 1 is incorrect. The Jammu & Kashmir Reorganisation Act, 2019, provides for a legislative assembly for the Union Territory of Jammu and Kashmir.The Legislative Assembly may make laws for any part of the Union Territory of Jammu and Kashmir related to – (a) any matters specifi ed in the State List of the Constitution, except “Police” and “Public Order”, and (b) any matter in the Concurrent List applicable to Union Territories. Further, Parliament will have the power to make laws in relation to any matter for the Union Territory of Jammu and Kashmir.

Statement 2 is correct. The act has not abrogated the Article 370 of the Constitution of India. A presidential order (the Constitution (Application to Jammu and Kashmir) Order, 2019) was issued under Article 370 of the Indian constitution that revoked Jammu and Kashmir’s special status. Then the parliament passed The Jammu & Kashmir Reorganisation Act, 2019. The article 370 has been made inoperative by the presidential order.

Statement 3 is incorrect. The act provides that the administration of the Jammu and Kashmir will be as per Article 239A of the Indian constitution. Article 239A was originally formulated for the union territory of Puducherry, this will also be applicable to Jammu and Kashmir. On the other hand, Article 239AA provides for special provision with respect to NCT Delhi.

Statement 1 is correct. In the First Schedule of the Constitution, the States and Territories are specifi ed. The ‘Union of India’ includes only the states. The expression ‘Territory of India’ not only includes states, but also includes the Union territories and the territories
that may be acquired by the Government of India at any future time. Hence, the ‘Territory of India’ is wider expression than the ‘Union of India’.
Statement 2 is correct. The Union territories and the acquired territories are directly administered by the Central government.

Statement 1 is correct. Article 3 authorizes the Parliament to form a new state by separation of territory from any other state. A bill contemplating such a change can be introduced in the Parliament only with the prior recommendation of the President.
Statement 2 is correct. However, before recommending such a bill, the President has to refer the same to the state legislature concerned for expressing its views within a specifi ed period.
Statement 3 is incorrect. The President or Parliament is not bound by the views of the state legislature and may either accept or reject them.
Statement 4 is incorrect. Such a bill can be introduced in the Lok Sabha or the Rajya Sabha.

Statement 1 is incorrect. Article 3 of the Constitution authorizes the Parliament to form a new state, increase or diminish the area of any state and alter the boundaries or the name of any state. Such a bill can be introduced in the Parliament only with the prior recommendation of the President.

Statement 2 is correct. According to Article 3, before recommending such a bill, the President has to refer the same to the state legislature concerned for expressing its views within a specifi ed period. Consent of the state legislature is not required for such a bill.                                                                                                                                       Statement 3 is correct. The Constitution, under Article 4, declares that laws made under Article 3 are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

Statement 1 is correct. The Government of India appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar. The commission submitted its report in December, 1948, and recommended the reorganization of states on the basis of administrative convenience rather than linguistic factor.

Statement 2 is correct. In December, 1953, Government of India to appointed a three member States Reorganization Commission under the chairmanship of Fazl Ali. It broadly accepted language as the basis of reorganization of states. But it rejected the theory of ‘one language-one state’.

Statement 3 is correct. Fazl Ali Commission identifi ed following factors for reorganizing states (a) Preservation and strengthening of the unity and security of the country.

(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.

The Jammu And Kashmir Reorganisation Act, 2019, reorganises the state into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. While the former will have a legislative assembly, Ladakh will be administered by a lieutenant governor alone. The act amended First Schedule and Fourth Schedule of the Constitution. First Schedule – Names of the States and their territorial jurisdiction. Fourth Schedule – Allocation of seats in the Rajya Sabha to the states and the union territories.

Statement 1 is incorrect. A foreign national, except a citizen of Bhutan, requires the Protected area permit to visit certain parts of India.
Currently, Protected Areas are located in the following
States: –
1) All of Arunachal Pradesh
2) Parts of Himachal Pradesh
3) Parts of Ladakh
4) Parts of Rajasthan
5) Parts of Sikkim
6) Parts of Uttarakhand
Statement 2 is incorrect. Protected Area Permit is issued under the Foreigners (Protected Areas) Order, 1958.
The order has been issued under the Foreigners’ Act,1946.
The Inner line permit is issued under the Bengal Eastern Frontier Regulation Act of 1853.
Statement 3 is correct. Ministry of Home Aff airs is the main authority to administer the provisions related to Protected Area Permit.

Statement 1 is correct. Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fi t’. Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states. Article 2 relates to the admission or establishment of new states that are not part of the Union of India.

Statement 2 is correct. Article 3, on the other hand, relates to the formation of or changes in the existing states of the Union of India. In other words, Article 3 deals with the internal re-adjustment of the territories of the constituent states of the Union of India.

The correct chronological order of formation of the given States/Union territories (UTs) is: Himachal PradeshManipur- Sikkim- Mizoram. Himachal Pradesh: It was created as a UT through the State Reorganization Act, 1956. In 1966, hill areas of State of Haryana were merged with the adjoining UT of HP. In 1971, HP was created as the 18th State of Union of India.
Manipur: In 1972, Manipur was elevated from UT to the statehood level (19th State of India).
Sikkim: It was conferred the status of ‘associate state’ of India in 1974 through 35th Constitutional Amendment
Act, 1974. But in 1975, it was incorporated as the fullfl edged state through 36th Constitutional Amendment Act, 1974, and became 22nd State of India.
Mizoram: In 1987, it came into being as the 23rd State of India followed by Arunachala Pradesh (24th) and Goa (25th).

The word ‘State’ does NOT refer to state governments. Rather when we use State, we are trying to distinguish it from ‘government’. ‘Government’ is responsible for
administering and enforcing laws. Th e government can change with elections. The State on the other hand refers to a political institution that represents a sovereign people who occupy a defi nite territory. We can, thus, speak of the Indian State, the Nepali State etc. The Indian State has a democratic form of government. The government (or the executive) is one part of the State. The State refers to more than just the government and cannot be used interchangeably with it.

Option a is incorrect. The State is a legal political entity that fulfi lls the security and welfare needs of its people. State is “a community of persons permanently occupying a defi nite portion of territory and independent of any external control. It possesses an organized government to which the great body of inhabitants render obedience”.
Option b is incorrect. The State has four elements— population, territory, government, and sovereignty. In the absence of even one element, a State cannot be really a State. On the contrary, a nation is a group of people who have a strong sense of unity and common consciousness.
Option c is incorrect. Country is defi ned as a region or an area of a land which is controlled by its own government. It is defi ned in a geographical aspect.
Option d is correct. A nation is to a great extent an ‘imagined’ community, held together by the collective beliefs, aspirations and imaginations of its members. It is based on certain assumptions which people make about the collective whole with which they identify themselves. It refers to a community or group of people who share the same history, language, descent and a common government.
According to Ramsay Muir, a nation may be defi ned as a body of people who feel themselves to be naturally linked together by certain affi nities, which are so strong for them to live together. They are dissatisfi ed when disunited and cannot tolerate subjection to people who do not share the same ties

With reference to the government in India, the two terms namely “Union of India” and “Territory of India” have specifi c meanings. ‘Union of India’ stands for the states
that share federal powers with the Union Governments, but Territory of India include not only the states but all other units like the Union Territories. In other words, the territory of India includes a larger area as compared to the union of India. i.e., the territory of India covers the entire territory over which Indian sovereignty is exercised while Union of India covers only the federal system.                                                                                        Option a is incorrect. According to Dr. B.R. Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation. The federation is an Union because it is indestructible. The country is an integral whole and divided into diff erent states only for the convenience of administration
Option b is incorrect. Article 1 of Constitution mentions India as union of States. Article 1 also mentions what constitutes as Territory of India. According to which territory of India shall comprise of- (a) The territories of the States; (b) The union territories as specifi ed in the First Schedule; and (c) Such other territories as may be acquired.
Option c is incorrect. The ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only states while the former includes not only the states, but also union territories and territories that may be acquired by the Government of India at any future time.

Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. According to Article 1, the territory of India can be classifi ed into three categories: Territories of the states; Union territories; Territories that may be acquired by the Government of India at any time.                                                                               Statement 1 and 3 are the correct reason for India being described as a ‘Union of States’ rather than a ‘Federation of States’: According to Dr. B.R. Ambedkar, the phrase
‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:
The Indian Federation is not the result of an agreement among the states like the American Federation. Indian Federation is not coming together of states (agreement)
but holding together of states. Here, power fl ows from the Union and not from the states. On the other hand, American Federation is coming together of states. Here,
the states are independent autonomous units. The states have no right to secede from the federation. The federation is a Union because it is indestructible. The country is an integral whole and divided into diff erent states only for the convenience of administration.  Statement 2 and 4 are not the correct reason for India being described as a ‘Union of States’ rather than a ‘Federation of States’: These statements describe thefederal features of Indian Constitution, but did not justify the phrase ‘Union of States’.

Statement 2 and 4 are correct: Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. This provision deals with two things: one, name of the country; and two, type of polity.                                                                    Name of Country: There was no unanimity in the Constituent Assembly with regard to the name of the country. Some members suggested the traditional name (Bharat), while other advocated the modern name (India). Hence, the Constituent Assembly had to adopt a mix of both (‘India, that is, Bharat’). Type of Polity: India is described as ‘Union’ although its Constitution is federal in structure. According to Dr. B.R. Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’. The federation is a Union because it is indestructible. The country is an integral whole and divided into diff erent states only for the convenience of administration.                                                                    Statement 1 and 3 are incorrect: Article 2 deals with the provisions regarding establishment of new states. It empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fi t’. Article 12 describe the defi nition of State; including the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India

It is important to note that the integrity of the territory of the States is not guaranteed by the Constitution of India and Parliament is made Supreme even with respect to the questions relating to the territory.                                                                                  Statement 1 is correct: The Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent. In other words, the Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. There fore, India is rightly described as ‘an indestructible union of destructible states’.                                                                                                                 . Statement 2 is incorrect: It is not possible for a State Legislature to enlarge its territorial jurisdiction under any circumstances except when the boundaries of the state itself are widened by an act of Parliament. As regards territory, Article 245 (1) provides that subject to the provisions of this constitution, a State Legislature may make laws for the whole or any part of the state to which it belongs. Parliament has, on the other hand, the power to legislate for ‘the whole or any part of the territory of India, which includes not only the states but also the union territory of India. It also possess the power of ‘extra-territorial legislation’ Art. 245 (2), which no state legislature possesses.

The State Reorganization Commission formed in 1953 gave its report in 1955 to reorganize states into 16 states and 3 union territories.

Statement 1 is correct: By the States Reorganization Act (1956) and the 7th Constitutional Amendment Act (1956), the distinction between Part A and Part B states was done away with and Part C states were abolished. Some of them were merged with adjacent states and some other were designated as union territories. As a result, 14 states and 6 union territories were created on November 1, 1956.

Statement 2 is correct: The States Reorganization Act (1956) established the new state of Kerala by merging the Travancore-Cochin State with the Malabar District of Madras state and Kasargode of South Canara (Dakshina Kannada).

Statement 3 is incorrect: In the Bombay Reorganization Act, 1960 (not States Reorganization Act, 1956) bilingual state of Bombay was divided into two separate states– Maharashtra for Marathi speaking people and Gujarat for Gujarati speaking people. Gujarat was established as the 15th state of the Indian Union.

The Zonal Councils are the statutory (and not the constitutional) bodies. They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956. Statement 1 is incorrect. The act divided the country into five zones (Northern, Central, Eastern, Western and Southern) and provided a zonal council for each zone.          Statement 2 is correct. While forming these zones, several factors have been taken into account which include: the natural divisions of the country, the river systems and means of communication, the cultural and linguistic affi nity and the requirements of economic development, security and law and order.

The power to create new districts or alter or abolish
existing districts rests with the State governments. This
can either be done through an executive order or by passing a law in the State Assembly. Many States prefer
the executive route by simply issuing a notifi cation in the
offi cial gazette.
Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide. Home Ministry comes into the picture when a State wants to change the name of a district or a railway station. The
departments such as the Ministry of Earth Sciences,
Intelligence Bureau, Department of Posts, Geographical
Survey of India Sciences, and the Railway Ministry,
provides their clearance to the proposal of state
government. Aft er examination of their replies, state
government receives a no-objection certificate.

Statement 1 is correct: Regionalism refers to subnationalism and sub-territorial loyalty. It implies the love for a particular region or state in preference to the country as a whole. There is also sub regionalism, that is, love for a particular region in preference to the state of which the region forms a part.

Statement 2 is correct: Regionalism is a country-wide phenomenon which manifests itself in the following six forms: Demand of the people of certain states for secession from the Indian Union (like Khalistan, Dravid Nad, Mizos, Nagas and so on). Demand of the people of certain areas for separate statehood (like Telengana, Bodoland, Uttarkhand, Vidharbha, Gorkhaland and so on). Demand of people of certain Union Territories for fullfl edged statehood (like Manipur, Tripura, Puducherry, Delhi, Goa, Daman and Diu and so on). Inter-state boundary disputes (like Chandigarh and Belgaum) and riverwater disputes (like Cauvery, Krishna, Ravi-Beas and so on). Formation of organisations with regional motives which advocates a militant approach in pursuing its policies and goals (like Shiv Sena, Tamil Sena, Hindi Sena, Sardar Sena, Lachit Sena and so on) ‘Sons of the soil theory’ which advocates preference to local people in government jobs, private jobs, permits and so on.

Statement 3 is incorrect: Regionalism is a subsidiary process of political integration in India. It is a manifestation of those residual elements which do not find expression in the national polity and national culture, and being excluded from the centrality of the new polity, express themselves in political discontent and political exclusionism.

Just before Independence, it was announced by the British that with the end of their rule over India, paramountcy of the British crown over Princely States would also lapse. The British government took the view that all these states were free to join either India or Pakistan or remain independent if they so wished. This decision was left not to the people but to the princely rulers of these states.                                                                   Statement 1 is correct. A few days before Independence, the Maharaja of Manipur, Bodhachandra Singh, signed the Instrument of Accession with the Indian government on the assurance that the internal autonomy of Manipur would be maintained.                     Statement 2 is correct. Under the pressure of public opinion, the Maharaja held elections in Manipur in June 1948 and the state became a constitutional monarchy. Thus, Manipur was the fi rst part of India to hold an election based on universal adult franchise.

Post Independent India had witnessed many movements for regional autonomy and secession especially in the North Eastern India. These movements frequently involved armed assertions by the people, their repression by the government, and a collapse of the political and electoral processes. The accords were reached aft er a process of dialogue that aimed to settle contentious issues within the constitutional framework.

Statement 1 is correct: At independence the entire region except Manipur and Tripura comprised the State of Assam. Demands for political autonomy arose when the non-Assamese felt that the Assam government was imposing Assamese language on them. There were opposition and protest riots throughout the State. Leaders of the major tribal communities wanted to separate from Assam. They demanded a tribal State to be carved out of Assam. Finally, instead of one tribal State, several States got carved out of Assam. At diff erent points of time the Central Government had to create Meghalaya, Mizoram and Arunachal Pradesh out of Assam. Tripura and Manipur were upgraded into States too.

Statement 2 is correct: Aft er Independence, the Mizo Hills area was made an autonomous district within Assam. Some Mizos believed that they were never a part of British India and therefore did not belong to the Indian union. But the movement for secession gained popular support aft er the Assam government failed to respond adequately to the great famine of 1959 in Mizo hills. The Mizos’ anger led to the formation of the Mizo National Front (MNF) under the leadership of Laldenga. In 1966 the MNF started an armed campaign for independence. In 1986 a peace agreement was signed between Rajiv Gandhi and Laldenga. As per this accord Mizoram was granted full-fl edged statehood with special powers and the MNF agreed to give up secessionist struggle.

Statement 3 is incorrect: The Naga movement was led by Angami Zaphu Phizo. A section of the Nagas declared independence from India way back in 1951. Phizo turned down many off ers of negotiated settlement.