CDS Polity · Indian Constitution — Making, Foundation and Amendments
The Union and the States
Why India is a Union of States, how Parliament can make or change a State, the special provisions of Articles 370 and 371, and the rules for Delhi and the Union Territories.
Why this matters
Sixteen CDS questions, five of them HARD. The Article 371 family alone gave five of them, from 2018 (II) to 2026 (I), always as 'which State goes with which letter'. The rest test one idea: Indian States did not join by agreement, so Parliament can redraw them by a simple law.
Concept 1 of 4: A Union of States
In the USA, independent States came together and agreed to form a federation, so no State can be wiped out. India went the other way: one country divided into States for convenience. That is why the Constitution says 'Union', why no State can leave, and why Parliament can redraw the map.
Definition
The key ideas:
- Article 1: 'India, that is Bharat, shall be a Union of States'. The Draft Constitution moved by Ambedkar on 4 November 1948 used this phrase on purpose: the Union is not the result of an agreement among the States, and no State can secede.
- India is an indestructible Union of destructible States. The USA is 'an indestructible Union of indestructible States' (Texas v. White, 1869).
- The Constitution is called quasi-federal: federal in normal times, with unitary features such as a strong Centre, single citizenship, residuary powers with the Centre, unequal seats for States in the Rajya Sabha, and emergency powers that make the system work like a unitary one.
- States cannot have their own constitutions (Jammu and Kashmir had one until 2019).
| Feature | Federal or unitary |
|---|---|
| Two levels of government with divided powers | Federal |
| Written Constitution and independent courts | Federal |
| Single citizenship | Unitary |
| Residuary powers with the Centre (Article 248) | Unitary |
| Rajya Sabha seats by population, not equal for each State | Unitary |
| Emergency powers | Unitary |
| Union not formed by agreement of the States | UnitaryQ CDS 2024 (II): the Draft Constitution called India a 'Union of States', not a 'Federation of States'. |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2022 · CDS (I) 2022 — General Knowledge · Q49Moderate
Example 1 · Indian Constitution — Making, Foundation and Amendments · The Union and the States
Which one of the following is not a characteristic feature of Indian Federalism ?
India's States did not consent to form the Union
The USA was formed by an agreement of States. India was not: that is the whole reason for the words 'Union of States'. An option saying the federating units agreed to form a union is the feature India lacks.
Equal seats is American, not Indian
Every US State has two Senators. In India the Fourth Schedule gives each State Rajya Sabha seats by population, so representation is unequal.
Concept 2 of 4: Making and changing States (Articles 2 to 4)
Because States are not partners to a treaty, Parliament can create, merge, split or rename them by an ordinary law. The affected State is asked for its view, but it cannot stop the change.
Definition
The rules:
- Article 2: Parliament may admit or establish new States from outside India.
- Article 3: Parliament may form a new State, increase or diminish the area of any State, and alter its boundaries or its name.
- The Bill needs the President's recommendation, and the President first sends it to the State legislature for its views, which do not bind Parliament.
- It passes by a simple majority like an ordinary law.
- Article 4: such a law is not an amendment under Article 368, so no special majority and no ratification by the States is needed.
- Giving Indian territory to another country is different: it needs a constitutional amendment (the 100th Amendment, 2015, for the land swap with Bangladesh).
| Change | Procedure |
|---|---|
| Increase or reduce a State's area | Ordinary law under Article 3Q |
| Change a State's boundary or name | Ordinary law under Article 3 |
| Form a new State | Ordinary law under Article 3, simple majority |
| Hand territory to a foreign country | Constitutional amendment under Article 368 |
Practice this conceptself-check · 3 quick reps
The same idea in a real exam question:
CDS · 2021 · CDS (I) 2021 — General Knowledge · Q67Moderate
Example 2 · Indian Constitution — Making, Foundation and Amendments · The Union and the States
Which of the following statements with regard to the creation of a new state or alteration of boundaries of states is/are correct ?
1. An amendment has to be moved in the Parliament under Article 368 of the Constitution of India.
2. Ratification by one half of the states is necessary after the amendment is made by the Parliament.
3. The legislation can be passed by a simple majority of both Houses of Parliament.
Select the correct answer using the code given below :
A new State is not a constitutional amendment
Even though it changes the First Schedule, a law under Article 3 is not treated as an amendment (Article 4). No two-thirds majority and no State ratification is needed.
Concept 3 of 4: Special provisions: Articles 370 and 371
Some States were given special arrangements to protect their customs, land or backward regions. The Article 371 family runs alphabetically from 371A, and CDS asks which letter belongs to which State, so learn the list as a table.
Definition
The provisions:
- Article 370 gave Jammu and Kashmir a special status: its own constitution, Article 35A on rights of permanent residents, the Directive Principles not applying, and Article 19(1)(f) on property still in force there. In August 2019 the whole Constitution was applied to it, and Parliament split the State into two Union Territories.
- Article 371: development boards for regions of Maharashtra and Gujarat.
- 371A Nagaland and 371G Mizoram: no Act of Parliament on their religious or social practices, customary law, justice under customary law, or ownership and transfer of land applies unless the State Assembly agrees.
- 371F Sikkim, 371I Goa (minimum size of the Assembly), 371J Karnataka (the Hyderabad-Karnataka region).
| Article | State | Added by |
|---|---|---|
| 371 | Maharashtra and Gujarat | Original |
| 371A | Nagaland | 13th Amendment, 1962Q |
| 371B | Assam | 22nd Amendment, 1969Q |
| 371C | Manipur | 27th Amendment, 1971 |
| 371D | Andhra Pradesh (and Telangana) | 32nd Amendment, 1973 |
| 371F | Sikkim | 36th Amendment, 1975 |
| 371G | Mizoram | 53rd Amendment, 1986Q CDS 2024 (II): 371G protects land, not natural resources in general. |
| 371H | Arunachal Pradesh | 55th Amendment, 1986 |
| 371I | Goa | 56th Amendment, 1987Q |
| 371J | Karnataka | 98th Amendment, 2012 |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2026 · CDS (I) 2026 — General Knowledge · Q96Moderate
Example 3 · Indian Constitution — Making, Foundation and Amendments · The Union and the States
Which one among the following pairs of Articles of the Constitution of India and special provisions given therein is not correctly matched?
371D is Andhra Pradesh, not Sikkim
371D is Andhra Pradesh (and Telangana). Sikkim is 371F, added when Sikkim became a State in 1975.
Article 371 itself is Maharashtra and Gujarat
The bare Article 371 (no letter) covers development boards in Maharashtra and Gujarat. Goa is 371I.
Right to property survived in Jammu and Kashmir
The 44th Amendment removed Article 19(1)(f) for the rest of India, but it was never extended to Jammu and Kashmir. So until 2019 the right to property stayed a Fundamental Right there.
Concept 4 of 4: Delhi and the Union Territories
Union Territories are run by the Centre, but a few have their own legislature. Their limits are set by Article 239AA for Delhi and by Acts of Parliament for the rest.
Definition
The facts:
- Delhi is a Union Territory with a legislature under Article 239AA (69th Amendment, 1991). Its Council of Ministers can be at most 10 per cent of the Assembly.
- In a State, the Council of Ministers can be at most 15 per cent of the Assembly (91st Amendment, 2003).
- Dadra and Nagar Haveli and Daman and Diu were merged into one Union Territory by an Act of Parliament in 2019. It has two Lok Sabha seats and stays under the Bombay High Court.
- In 2019, Jammu and Kashmir was split into two Union Territories: Jammu and Kashmir and Ladakh.
| Unit | Council of Ministers limit or fact |
|---|---|
| A State | At most 15 per cent of the AssemblyQ |
| Delhi (Article 239AA) | At most 10 per cent of the Assembly |
| Dadra and Nagar Haveli and Daman and Diu | Merged by an Act of Parliament; 2 Lok Sabha seats; Bombay High Court |
Practice this conceptself-check · 3 quick reps
The same idea in a real exam question:
CDS · 2026 · CDS (II) 2026 — General Knowledge · Q8Moderate
Example 4 · Indian Constitution — Making, Foundation and Amendments · The Union and the States
Which of the following statements is/are correct with respect to the Union Territory of Dadra and Nagar Haveli and Daman and Diu ?
1. The merger of the Union Territories of Dadra and Nagar Haveli and Daman and Diu was given effect to by an Act of the Parliament of India
2. After the merger of the Union Territories of Dadra and Nagar Haveli and Daman and Diu, three seats have been allocated in the House of People
3. The jurisdiction of the High Court of Bombay continues to extend to this Union Territory
Select the answer using the code given below :
Delhi is 10 per cent, the States 15
The 15 per cent limit of the 91st Amendment is for the Lok Sabha and State Assemblies. Delhi, a Union Territory, has its own 10 per cent limit under Article 239AA.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (4)
A Union of States7 rows
| Feature | Federal or unitary |
|---|---|
| Two levels of government with divided powers | Federal |
| Written Constitution and independent courts | Federal |
| Single citizenship | Unitary |
| Residuary powers with the Centre (Article 248) | Unitary |
| Rajya Sabha seats by population, not equal for each State | Unitary |
| Emergency powers | Unitary |
| Union not formed by agreement of the States | UnitaryQ CDS 2024 (II): the Draft Constitution called India a 'Union of States', not a 'Federation of States'. |
Making and changing States (Articles 2 to 4)4 rows
| Change | Procedure |
|---|---|
| Increase or reduce a State's area | Ordinary law under Article 3Q |
| Change a State's boundary or name | Ordinary law under Article 3 |
| Form a new State | Ordinary law under Article 3, simple majority |
| Hand territory to a foreign country | Constitutional amendment under Article 368 |
Special provisions: Articles 370 and 37110 rows
| Article | State | Added by |
|---|---|---|
| 371 | Maharashtra and Gujarat | Original |
| 371A | Nagaland | 13th Amendment, 1962Q |
| 371B | Assam | 22nd Amendment, 1969Q |
| 371C | Manipur | 27th Amendment, 1971 |
| 371D | Andhra Pradesh (and Telangana) | 32nd Amendment, 1973 |
| 371F | Sikkim | 36th Amendment, 1975 |
| 371G | Mizoram | 53rd Amendment, 1986Q CDS 2024 (II): 371G protects land, not natural resources in general. |
| 371H | Arunachal Pradesh | 55th Amendment, 1986 |
| 371I | Goa | 56th Amendment, 1987Q |
| 371J | Karnataka | 98th Amendment, 2012 |
Delhi and the Union Territories3 rows
| Unit | Council of Ministers limit or fact |
|---|---|
| A State | At most 15 per cent of the AssemblyQ |
| Delhi (Article 239AA) | At most 10 per cent of the Assembly |
| Dadra and Nagar Haveli and Daman and Diu | Merged by an Act of Parliament; 2 Lok Sabha seats; Bombay High Court |
Watch out for (7)
- India's States did not consent to form the Union→ A Union of States
- Equal seats is American, not Indian→ A Union of States
- A new State is not a constitutional amendment→ Making and changing States (Articles 2 to 4)
- 371D is Andhra Pradesh, not Sikkim→ Special provisions: Articles 370 and 371
- Article 371 itself is Maharashtra and Gujarat→ Special provisions: Articles 370 and 371
- Right to property survived in Jammu and Kashmir→ Special provisions: Articles 370 and 371
- Delhi is 10 per cent, the States 15→ Delhi and the Union Territories
Test yourself on Indian Constitution — Making, Foundation and Amendments
20 past CDS questions from this chapter, timed at 20 minutes and marked the way the exam marks it. You see your score and every answer the moment you finish. Free to start.