Indian Polity / Indian Union and States
After the preparation of the draft bill by the Central Home Ministry regarding the formation of new states in India, it will be sent for
the opinion of the Legislature of the concerned state. Regardless of the opinion of the state Legislature, if the Parliament passes the Bill with simple majority, a
new state will be formed.
Articles Related to Creation of New States in India
Articles 1 to 4 deal with territory and union of India. Territory of India implies territorial boundaries of states, territorial boundaries of the Union
Territories, any new territory that may be acquired by Government of India, territorial waters up to distance of 12 nautical miles and open skies under the
space. Union of India refers to the administrative and political aspects of Indian federation.
- Article 1 - It says India that is Bharat shall be the union of states. The word union of states and not federation of states was used because
there is no agreement between Centre and states.
So, states cannot go away from the union. In India, we have indestructible union of destructible states.
- Article 2 - It talks about admission or establishment of a new state or area.
- Article 3 - It talks about
- Formation of a new state
- Diminishing and increasing the area or territory of a state
- Reorganization of states
- Changing or altering the names of the states
- Article 4 talks about amendment of Schedule 1 and Schedule 4 of the Constitution to provide legality for Articles 2 and 3.
Procedure for Formation of new States in India
- The Bill related to the formation of new states in India can get initiated in either House of the Parliament. Ministry of Home Affairs
prepares the draft Bill regarding the creation of new states in India.
- The Bill, after being approved by the Cabinet, is sent for the opinion of the concerned state Legislature through the President of India. The
opinion expressed by the concerned state Legislature may or may not be taken into consideration.
- Afterwards, the Bill is being sent for approval by both the Houses of the Parliament separately by simple majority. In case there is a stalemate
between the two Houses, the Bill is defeated and it cannot be deferred. There will not be any joint session of the Parliament in this case.
- After the President gives the assent, the Bill becomes an Act. It will be enforced according to the notification given in the Gazette.
- A Union Territory is not created by the Parliament but President can change the Union Territories.
- There are two modes of formation of federations in the world, American Model and Canadian Model. American federation is the result of integration
or agreement among federating units.
Canadian federation is the result of disintegration. In Canadian model, they disintegrated a unitary Government
into a federation i.e. into a number of provinces.
- According to Article 2, Admission means admitting a foreign territory into Indian Union that is not existed in India. Establishment also includes
altogether a new area.
For example, Sikkim was added as an Associate state in 1974 but as there was no concept of Associate state in India, it was
admitted as full-fledged state in 1975.