India that is Bharat shall be a Union of States
Querist :
Anonymous
(Querist) 05 January 2011
This query is : Resolved
Why India that is Bharat shall be an Union of States?
State within States?
Article 12 Vis-a-Vis Article 36?
Gulshan Tanwar
(Expert) 05 January 2011
There are many reasons for the same, if you have studied the unification of Indian princely states then you will be getting the answer also regarding the Privy purses and other things and further the legal things are the same. Re Berubari Case is the classic example of the same. Arts.1 to 4 says about the scheme and the rigidity of the Constitution. Unitary and federal structure of the Indian government. Further read the comments of Prof. Dicey in this regard.
R.Ramachandran
(Expert) 05 January 2011
Dear Anonymous,
Don't get bewildered. There is no contradiction in the Constitution or in the definitions contained in the Constitution. All the articles in the Constitution have harmonious meanings.
You will agree that in India, there are are several State Governments. The whole of India comprises all the State Governments and the Central Government.
Therefore, Article 1(1) of the Constitution states that "India, that is Bharat, shall be a Union of States."
I think this portion is clear to you.
PART-III of the Constitution relates to the fundamental rights.
The fundamental rights has to be ensured by the "STATE".
Therefore if anyone wants what is meant by "State" for this purpose - it has been provided in Article 12 that - "In this Part, unless the context otherwise requires, “the State’’ includes 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.
Even after this definition, there are many institutions who have said that they are not "State" under the definition of Article 12, and as such are not amenable to the Writ Jurisdiction of the Courts for enforcement of fundamental rights. The courts have intervened in many matters and have decided as to what are all will come within the ambit of Article 12 as "State".
Now coming to Article 36.
PART-IV of the Constitution deals with DIRECTIVE PRINCIPLES OF STATE POLICY.
Again when the part uses the word "State Policy" one has to define what is meant by "STATE".
That is why, Article 36 states that "In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.
Thus while Article 1 talks about the Political and Geographical description of Bharat that is India, the definition of "State" in Articles 12 and 36 is for the purpose of determining as to who is responsible for ensuring fundamental rights, and to say as to who is the State mentioned in the "State policy".
I hope have tried to clarify you to the best of my ability.
Guest
(Expert) 05 January 2011
State means union of states. before independence there are several states and samasthanams, nizams, etc. After independence they continued the same. In india after independence the states as united together and formed as whole union. After several amendments and landmark judgments the meaning of a state has been interpreted and given vast explanation with respect to part III and part IV of constitution of india. Regarding Art 12 and 36 Mr.Ramachandran has explained
N.K.Assumi
(Expert) 05 January 2011
What is the position of state that merged with the Union of States by agreement? as such agreement is anomalous to the concept of Union of States.
Raj Kumar Makkad
(Expert) 05 January 2011
Ramachandran has explained the subject in detail and I do agree with his interpretation.
