When we talk about the formation of modern India, it’s impossible to ignore the central role played by the Parliament of India. From passing constitutional amendments to enacting special laws like the Acquired Territories (Merger) Act, 1960, the Parliament has been the backbone of India’s territorial consolidation.
But how exactly does Parliament shape territorial mergers?
How does it ensure legality, administrative clarity, and protection of citizens’ rights?
Let’s break it down in a simple, conversational way.
📸 Suggested Photo:
An image of the Indian Parliament building at sunset, symbolising democratic authority and lawmaking.
7.1 Constitutional Power of Parliament Over Territories
The Constitution of India gives Parliament exclusive authority over the merger, alteration, and administration of territories. These powers flow mainly from:
- Article 1 – India as a “Union of States”
- Article 2 – Admission or establishment of new States
- Article 3 – Formation, alteration, or merger of States
- Article 4 – Supplemental laws for implementation
- Article 246 & Seventh Schedule – Union powers over foreign affairs and treaties
This constitutional framework ensures that only Parliament can finalize the legal status of any territory that merges with India.
7.2 Passing Special Laws Like the Acquired Territories (Merger) Act, 1960
Whenever India acquires new territory—whether through treaty, cession, de facto control, or liberation—the status of that territory must be legally clarified. That’s where Parliament steps in.
The Acquired Territories (Merger) Act, 1960 is a perfect example.
Its main purposes were:
- Legally incorporating newly acquired territories into India
- Extending the Constitution and Indian laws to these territories
- Ensuring uniform administration
- Providing citizenship and rights to residents
- Validating government actions taken during the transition period
Parliament acts as the legal architect, laying down a framework that ensures seamless and constitutional integration.
📘 Real-Life Example: Integration of French Territories (Puducherry)
After France ceded its territories, the transfer became effective only when Parliament enacted a law to:
- Establish administrative control
- Replace French laws gradually
- Integrate the territory into the Union
Without Parliament’s approval, even a diplomatic agreement would not have legal effect inside India.
7.3 The Legislative Process: How Parliament Finalizes a Merger
Once negotiation, treaty, or liberation occurs, Parliament steps in with the following process:
Step 1: Government Proposal
The Central Government presents:
- Negotiation details
- International agreements
- Local administration transitions
- Recommendations from legal and constitutional experts
Step 2: Drafting of a Bill
A bill is prepared after:
- Consultation with Home Ministry
- Reports from the Law Ministry
- Inputs from territorial administrators
- Feedback from diplomats or defence teams
- Consideration of local sentiments
Step 3: Parliamentary Debate
This step is crucial because MPs:
- Discuss implications of the merger
- Examine administrative challenges
- Raise concerns about residents’ rights
- Suggest amendments
- Ensure political consensus
These discussions become part of legislative history—useful for interpreting the law later.
Step 4: Passing the Law
Once passed by both Houses, the bill:
- Goes to the President for assent
- Becomes enforceable law
- Grants constitutional validity to the merger
This approval is what transforms a political event into a legally recognized merger.
📸 Suggested Photo:
Parliament session in progress—lawmakers debating and discussing national decisions.
7.4 Extending Indian Laws and the Constitution
Parliament’s role doesn’t end with the merger law.
It must also ensure:
- Extension of Indian Penal Code
- Extension of administrative laws (CrPC, CPC, Evidence Act)
- Applicability of taxation system
- Integration into judicial structure
- Alignment with citizens’ rights under Part III
The Constitution does not automatically apply to a newly merged territory unless Parliament specifically extends it.
📘 Case Example: Goa, Daman & Diu
After Operation Vijay (1961), Parliament enacted:
- Goa, Daman and Diu (Administration) Act, 1962
- Goa, Daman and Diu (Laws) Regulation, 1962
These laws:
- Continued Portuguese Civil Code temporarily
- Extended Indian courts’ jurisdiction
- Initiated administrative reforms
- Provided citizenship to residents
Parliament ensured smooth transition from colonial rule to Indian democracy.
7.5 Financial and Administrative Integration
After merger, territories require:
- Financial assistance
- Infrastructure development
- Law enforcement systems
- Healthcare and education integration
- Electoral roll preparation
Parliament plays a central role by:
- Allocating funds
- Creating Union Territory administrations
- Approving taxation rules
- Establishing administrative structures
Through budgetary and legislative powers, Parliament ensures newly merged territories are not left behind.
7.6 Parliamentary Oversight and Committees
Parliament maintains ongoing oversight even after the merger through:
✔️ Standing Committees
Review administration of UTs, law implementation, and budget utilization.
✔️ Assurance Committees
Ensure promises made during debates are upheld.
✔️ Public Accounts Committee
Checks if funds for integration are properly used.
✔️ Question Hour
MPs raise issues faced by merged territories.
✔️ Zero Hour
Members highlight urgent matters relating to governance, development, or rights of residents.
7.7 Safeguarding Cultural and Linguistic Identity
Parliament has often inserted provisions in merger laws to protect:
- Languages
- Local customs
- Religious practices
- Cultural heritage
- Civil codes
✔️ For example:
The Portuguese Civil Code remains applicable in Goa even today because Parliament chose not to disturb it immediately.
This shows how Parliament balances legal uniformity with cultural sensitivity.
7.8 Preventing Legal Vacuum During Transition
If a territory suddenly merges without legal safeguards, it can face:
- Administrative breakdown
- Property disputes
- Loss of residents’ rights
- Courts becoming non-functional
Parliament prevents this by:
- Allowing temporary continuation of existing laws
- Validating government actions taken before the merger
- Creating transitional authorities
This ensures residents do not suffer due to abrupt legal changes.
7.9 Strengthening Citizenship Rights
Parliament also clarifies:
- Who becomes an Indian citizen
- How residency is determined
- How rights and duties apply
- Whether dual citizenship is allowed
- Treatment of foreign nationals living in the territory
The Acquired Territories (Merger) Act, 1960 offered automatic citizenship while respecting individual choice.
7.10 Upholding India’s Federal and International Commitments
Parliament ensures that territorial mergers:
- Align with international treaties
- Do not violate diplomatic commitments
- Respect human rights
- Maintain India’s integrity and security
This is why even after a peaceful territory transfer, Parliament must ratify the treaty for it to be effective domestically.
Frequently Asked Questions (FAQs)
1. Can a territory merge with India without Parliament’s approval?
No. Parliament must pass a law to legally validate any merger or territorial change.
2. What is the difference between Articles 2 and 3?
- Article 2 deals with admission or establishment of new States.
- Article 3 deals with alteration of existing States’ boundaries and areas.
Both powers are exercised by Parliament.
3. Why was the Acquired Territories (Merger) Act, 1960 necessary?
It clarified the legal status, administration, and citizenship of newly acquired territories and extended Indian laws to them.
4. Does Parliament handle both internal and external mergers?
Yes. Whether it is a foreign territory (Goa) or reorganization of internal boundaries (formation of new states), Parliament has final authority.
5. Can Parliament protect cultural rights of merged territories?
Absolutely. Parliament often inserts special provisions to preserve local customs, civil codes, and languages.
6. Do merger laws override local laws?
Not immediately. Parliament often allows continuation of local laws until new Indian laws are gradually introduced.
Conclusion
The Parliament of India plays a decisive and irreplaceable role in territorial mergers. Through its constitutional authority, legislative wisdom, and administrative oversight, it ensures that the integration of any territory is:
- Lawful
- Smooth
- Culturally sensitive
- Administratively efficient
- Protective of citizens’ rights
Cases like Puducherry, Goa, Daman & Diu, and Dadra & Nagar Haveli show how Parliament acts as a guardian of India’s unity and integrity.