II: The Union Territories

Articles 1 and 4, Draft Constitution of India 1948

*Part 1

The territories known immediately before the commencement of this Constitution as the Governors’ Provinces of-

1. Madras,
2. Bombay
3. West Bengal
4. The United Provinces
5. Bihar
6. East Punjab
7. The Central Provinces and Berar,
8. Assam
9. Orissa

Part 2

The territories known immediately before the commencement of this Constitution as the Chief Commissioners’ Provinces of-

1. Delhi
2. Ajmer- Merwara including Panth Piploda
3. Coorg.

*The committee has anxiously considered the question whether Andhra should be specifically mentioned as a separate State in this Schedule. There was recently a statement by the Government on this subject, in which it was said that Andhra could be included among the Provinces in the Constitution as was done in the case of Orissa and Sind under the Government of India Act, 1935. Accordingly, the committee was at one stage inclined to mention Andhra as a distinct State in the Schedule.

On fuller consideration, however, the committee feels that the bare mention of the State in the Schedule will not suffice to bring it into being from the commencement of the new Constitution. Preparatory steps will have to be taken immediately under the present Constitution in order that the new State, with all the machinery of government, may be in being from the commencement of the new Constitution. This was what was done in the case of Orissa and Sind under the Act of 1935; they were made into separate Provinces with effect from April 1, 1936, while the Act came into operation on April 1, 1937. The committee therefore recommends that a Commission should be appointed to work out or inquire into all relevant matters not only as regards Andhra but also as regards other linguistic regions, with instructions to submit its report in time to enable any new States whose formation it may recommend to be created under section 290 of the Act of 1935 and to be mentioned in this Schedule before the Constitution is finally adopted.

Part 3

Division A

The following Indian States-

1. Mysore,
2. Kashmir,
3. Gwalior,
4. Baroda,
5. Travancore,
6. Cochin,
7. Udaipur,
8. Jaipur,
9. Jodhpur,
10. Bikaner,
11. Alwar,
12. Kotah,
13. Indore.
14. Bhopal,
15. Rewa.
16. Kolhapur,
17. Patiala,
18. Mayurbhanj,
19. United State of Kathiawar.

Division B*

All other Indian States which were within the Dominion of India immediately before the commencement of this Constitution

*It is not possible to enumerate each of the States because owing to the mergers of various kinds many of the States may disappear in larger units. It will be necessary however to enumerate all the States by name before the Constitution is finally adopted

Part 4

The Andaman and Nicobar Islands.

Articles 1, 4 and 391, Constitution of India 1950

Part B

Names of States

1. Hyderabad.
2. Jammu and Kashmir.
3. Madhya Bharat.
4. Mysore.
5. Patiala and East Punjab States Union.
6. Rajasthan.
7. Saurashtra.
8. Travancore-Cochin.
9. Vindhya Pradesh.

Territories of States

The territory of each of the States in this Part shall comprise the territory which immediately before the commencement of this Constitution was comprised in the corresponding Indian State, and—

a) in the case of each of the States of Rajasthan and Saurashtra, shall also comprise the territories which immediately before such commencement were being administered by the Government of the corresponding Indian State, whether under the provisions of the Extra-Provincial Jurisdiction Act, 1947, or otherwise; and

b) in the case of the State of Madhya Bharat, shall also comprise the territory which immediately before such commencement was comprised in the Chief Commissioner’s Province of Panth Piploda.

Part C

Names of States

1. Ajmer.
2. Bhopal.
3. Bilaspur.
4. Cooch-Behar.
5. Coorg.
6. Delhi.
7. Himachal Pradesh.
8. Kutch.
9. Manipur.
10. Tripura.

Territories of States

The territory of each of the States of Ajmer, Coorg and Delhi shall comprise the territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioners’ Provinces of Ajmer-Merwara, Coorg and Delhi, respectively.

The territory of each of the other States in this Part shall comprise the territories which, by virtue of an order made under section 290A of the Government of India Act, 1935, were immediately before the commencement of this Constitution being administered as if they were a Chief Commissioner’s Province of the same name.

Part D

⁠The Andaman and Nicobar Islands.

The First Schedule of the Draft Constitution (First Schedule of the Constitution of India 1950) was discussed in the Constituent Assembly on 14 and 15 October 1949. It listed the States and Union territories of India.

The Drafting Committee Chairman introduced an amendment to replace the Draft Article with an updated Article. The President of the Constituent Assembly ruled out all amendments related to creation of new States, transfer of territories between States and omission of existing States. He believed that introducing these changes to the Constitution at present would create difficulties in the actual operation of the Constitution. He felt that only those amendments should presently be taken up by the Assembly, which were based on how the territories were already in place.

A few Assembly Members raised concern over non-consideration of all such matters. They were particularly interested in determining the status of some Princely States – whether these would exist as separate States or whether they would be part of the State which was temporarily administering them. One Member stated that the President by ruling out all such amendments related to merger and change of territories of States, was not letting representatives of such States to be heard in the Assembly. Another Member shared the opinion of the President that all matters related to delimitation and correction of boundaries of States must be taken up only after the Constitution comes into operation. He suggested that the whole schedule be adopted as it is as part of the Constitution and all other changes be taken up at a later stage.

On the question of changing the name of a State, a Drafting Committee Member explained the existing protocol that if a significant number of Assembly Members were in favour of a name change, the matter would be referred back to the Premier of the State after which it would be included in the Schedule. A Member strongly opposed this, arguing that not only the Premier, but the entire cabinet and Legislative Assembly of the State should be consulted before such an important move. The President finally suggested that any name change proposals would be forwarded by him to the respective State governments for their opinion, and any necessary changes would be made at a later stage.

The First Schedule as amended by the Drafting Committee Chairman was adopted as part of the Constitution on 15 October 1949.