Procedure of creation of new State under Article 2 of Constitution of India | PCS J notes Indian Constitution - PCS J mains solved paper PDF free download
Introduction
▶Article 2 provides that the Parliament may by law admit into Union, or establish, new States on such terms and conditions as it thinks fit. The power given under Article 2 is very wide.--------------------------------------------
BARE PROVISION - ARTICLE 2 of Constitution of India
2. Admission or establishment of new States
Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit.
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▶The Supreme Court declared in RC Poudyal v. Union of India, AIR 1993 SC 1804 that the phrase "on such terms and conditions as it thinks fit" in Article 2 does not grant Parliament unrestricted authority. The basics of Indian constitutionalism set limits on the power, and such phrases cannot be at odds with the core ideas of the Constitution.
▶The Supreme Court ruled in Mangal Singh v. Union of India, AIR 1967 SC 944, that the authority granted under Article 2 does not include the ability to override the provisions of the Constitution.
Procedure to form new States, alter area, boundaries and names of existing States
▶Article 3 of the Constitution empowers the Parliament to form new States, alter area, boundaries and names of existing States in the following manner-
- By separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to be a part of State;
- Increase the area of any State;
- Diminish the area of any State;
- Alter the boundaries of any State;
- Change the name of any State.
▶All the above matters are related to the reorganization of State. The word 'State'. includes Union Territories' also. This power is solely vested in Parliament. Article 3 provides an easy and simple method for reorganization of the States at any point of time.
▶The Supreme Court reaffirmed that Parliament has the sole and exclusive authority under Article 3 in Raja Ram Pal v. Speaker Lok Sabha, 2007 3 SCC 184.
Also, India has been referred to be a "indestructible Union of destructible States" for this very reason.
▶There are however, two conditions which are to be satisfied in this procedure:
First off: according to Proviso to Article 3, no bill falling under the aforementioned provision may be brought before any House of Parliament without the President's advice.
Second: The President must refer a bill to the State Legislature for feedback if it intends to change the State's boundaries, name, or area. A bill may be tabled in Parliament [Proviso to Article 3] if the State Legislature fails to provide its opinions within the allotted time.
▶Parliament is not required to adopt or act upon the opinions stated by the State Legislature. The Supreme Court made this view clear in Babulal Parate v. State of Mumbai, AIR 1960 SC 51.
▶Explanation I to Article 3 states that the term "State" in that clause encompasses Union Territory, although as stated in the proviso, Union Territory is not included in the word "State."
▶Consequential amendment: As per Article 4(1), any legislation enacted in accordance with the provisions of Articles 2 or 3 must include the necessary modifications to the First and Fourth Schedules of the Constitution. Furthermore, according to Article 4(2), such legislation are not to be regarded as modifications to the provisions of Article 308.
Conclusion
▶In Mullaperiyar Environmental Protection Forum v. Union of India, (2006) 3 SCC 643, the Supreme Court ruled that Parliament has the full authority to enact laws under Articles 3 and 4, covering every legislative topic necessary to carry out a proper reorganisation of States. A law passed in accordance with Articles 3 and 4 of the Constitution cannot be contested on the grounds that it lacks legislative authority.▶Additionally, in the 2003 9 SCC 336 case State of Uttaranchal v. Siddharth Srivastava
According to the Supreme Court, additional, incidental, and consequential provisions pertaining to the establishment of the legislative, executive, and judicial branches of the state that are necessary for efficient administration may also be included in laws created under Articles 3 and 4.
▶Within A.P.(2016) 6 SCC 635 State Council of Higher Education v. Union of India The Supreme Court ruled that the assets and liabilities of the statutory bodies must be fairly divided among the states when an existing State is split into two.
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💡PCS J PYQs on this topic :
Q. Write short note on the procedure to create a new state.
Q. Discuss the Article 2 of Constitution of India.
Q. How can the boundaries of state be altered? Discuss with relevant case laws.
Q. PCS J notes Indian Constitution.
Q. PCS J mains solved paper PDF free download.
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