This article has been written by Ms. Bhawna, a student studying B.A.LLB[H.] from Teerthanker Mahaveer College of Law and Legal Studies, Moradabad. The author is 3rd year law student.
- Introduction
The split of Uttar Pradesh [U. P] into four States was recently demanded in a motion voted by the Uttar Pradesh Legislative Assembly. Nonetheless, Article 3 of the Constitution’s mechanism for the creation of new States stipulates that a State has no influence over the process beyond expressing its opinions to Parliament.
The authority to enact laws pertaining to the creation of new States is given to Parliament by Article 3. A new State may be established by Parliament in a number of methods, including I dividing territory between two or more States, (ii) joining separate States or parts of States, and (iv) joining any territory to a portion of any State. According to Article 3, Parliament has the authority to change any State’s boundaries or name, as well as its area. The ability of Parliament to pass legislation for the creation of additional States is subject to two checks. The ability of Parliament to pass legislation for the creation of additional States is subject to two checks.
First off, only the President’s advice may be used to present a measure into either House of Parliament calling for the creation of new States. Second, if the law contains provisions that alter the territories, limits, or name of the concerned State, the President must recommend the bill to the State Legislature so that it may voice its opinions to Parliament. It is evident, the U.P.’s sole responsibility. When the President requests that the State Legislature’s opinions be presented to Parliament, the State Legislature (the Legislative Assembly and Legislative Council) will have a role to play in any future establishment of new States. These opinions will not be binding on Parliament when it comes to passing laws to create new States.
- Creation of New State In India
Another name for India is the Union of States. India, or Bharat, must be a Union of States, according to Article 1 (1) of the Indian Constitution. The Drafting Committee of the Constituent Assembly used terminology from the Preamble of the British North America Act, 1867 to refer to India as a Union of States. [1] The Head of the Drafting Committee, Dr. B.R. Ambedkar, explained the significance of choosing the word “Union” over the word “Federation,” stating that the word was chosen to signify two things, namely:
A) that there was no agreement between the components that made up the Indian federation and
B) that the union’s constituent parts are not free to break away.
The same was done in order to establish and uphold India’s federal system. The states, districts, and mandals within India were not thought to be static, unchanging, or permanent by the framers of the Indian Constitution, in contrast to the current generation of Indians. They established provisions for the formation of new States in the Indian Union because they had the maturity to realise that states will develop and change. The Supreme Court ruled in a case that India chose a “loose federal structure,” which is an unbreakable Union of breakable Parts.
As a result, the States are a crucial component of India’s Union. They serve as a representation of their distinct identities and, in the end, are crucial to safeguarding and preserving the Federal Structure of Namibia, which is also outlined in the Constitution.
- What Constitutes the State Government?
In a general election, representatives from various constituencies are chosen. A party holding more than half of the available seats is considered to have a majority. When it comes to forming a government, that party is commonly mentioned.
There are times when no one party wins a definite majority. In this case, the party that has the most elected representatives looks to other parties or independent candidates for assistance. With this system, the party with the greatest number of followers can form the government. If not, a new election would be required.
On the other side, the Chief Minister is in charge of a government. To run the government’s affairs, the Chief Minister chooses ministers at various levels, including cabinet ministers, state ministers, and deputy ministers.
A cabinet minister who is directly in charge of the department’s operations oversees every government agency. The heads of government departments, who are bureau rates, are in charge of handling decisions made by the government. The organisation assesses projects and makes sure they are completed. The ministers give their blessing to the works.
- History
There were 565 princely states in India before to its independence. The largest impediment to creating a powerful India was the separate governing philosophy of these indigenous princely republics. India at this time was divided into three different sorts of states: (1) “Territories of British India,” (2) “Princely states,” and (3) “Colonial Territories of France and Portugal.” Once India gained independence, 562 princely countries consented to join the Indian Confederation, with the exception of Hyderabad, Junagadh, Bhopal, and Kashmir. The state boundaries of India have altered continuously since its independence.
Here is a brief summary of the history of the creation of new states in India: from 565 princely states and 17 provinces (prior to partition) to 14 states and 6 union territories (following the 1956 Reorganisation), then from 29 states and 7 union territories (in 2014), and finally to 28 states and 9 union territories (following the bifurcation of Jammu & Kashmir).
- Creation Of New State: Constitutional Provisions
In India, new states are founded in accordance with the guidelines outlined in Articles 2, 3, and 4 of the Indian Constitution.
- Article 2 is titled as: Admission and establishment of new states.
- Article 3 is titles as: Formation of new states and alteration of areas, boundaries or names of existing states.
- Article 4 is titled as: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidents and consequential matters.
- Creation Of New State: Constitutional Procedure
As stated above, the provisions of Articles 3 and 42 of the Indian Constitution govern the formation of new States in India.
The exclusive authority to admit or establish new states into the Indian Union on the terms and conditions the Parliament may specify is granted to the Indian Parliament under Article 2 of the Indian Constitution. The State legislatures lack the jurisdiction to create laws on this topic; only the Indian Parliament has this authority.
Article 2 reads as:
New states may be established or admitted into the Union by statute under the terms and conditions that Parliament deems appropriate.
The Indian Parliament is given the authority to create new states, as well as change the size, borders, or names of existing states, according to Article 3 of the Indian Constitution. According to this Article, the parliament has the authority to combine states or parts of states, or to join any area to a portion of any state, in order to create a new state. Moreover, it has the authority to change a state’s boundaries and name, as well as its area. It should be noted that the term “State” includes a Union Territory in clauses from (a) to (e) of Article 3.
Article 3 of the Constitution of India reads as:
Parliament may by law
a. Form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state:
b. increases the the area area of any state:
c. Diminish the area of any State;
d. Alter the boundaries of any state:
e. Alter the name if any State
Article 3 has a proviso clause attached to it.
The section states that no legislation based on Article 3’s provisions may be submitted in either House of the Indian Parliament unless the President of India has first recommended it for the same purpose.
This clause also states that any legislation affecting the area, boundary, or name of an existing State may not be introduced in either House of Parliament until the President has consulted the affected State legislature and obtained its views on the legislation’s potential impact on the state’s area, boundary, or name.
It should be emphasized that the State legislature’s opinions must be conveyed to the Parliament within the timeframe that the Indian President may set in the reference or within the timeframe that the President may permit. A resolution may be submitted in either House of Parliament on the advice of the President, which actually refers to the recommendation of the Union government, if the Centre approves the State’s recommendation.
It is up to the Center to select a Commission before drafting the BLL to set boundaries, share waterways, provide other assurances, and determine where the capitals, Supreme Courts, and other necessities of the States to be founded will be located. The President may only suggest a Law on the advice of the Union Council of Ministers after receiving a report from the Commission.
Even if the State legislature’s views are received in a timely manner, the Parliament is not required to accept or act upon them. [2] This indicates that the President may proceed with the formation of a new State even if there is disagreement to the referred Bill, or such reference is not responded to within the allotted period, or when such a Bill is passed. [3] The President must specify the time frame in which the State Assembly must voice its opinions, but he or she may extend that time frame.
Although the State Legislature’s opinions have not been voiced, the Second Condition outlined in the proviso is satisfied if the time period given or extended has passed and no views have been received. The goal appears to be to give the State Legislature a window of opportunity to express its opinions within the allotted time. If the State Legislature chooses not to take advantage of this window, the introduction of the bill remains valid.
It should be noticed that the term “State” does not include a Union Territory in the proviso clause attached to Article.
The proviso clause reads as follows: provided that no bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless the President has referred the bill to the Legislature of that State for expression of views thereon within such further period as the President may allow and the period so specified or all, in the case where the proposal contained in the bill affects the area, boundaries, or names of any of the States.
The Indian Constitution’s Article 4 represents a need for the Parliament to follow when drafting laws under Articles 2 and 3. In order to give effect to such legislation, it instructs the Parliament to draught a law that includes provisions for amending the First Schedule and the Fourth Schedule of the Indian Constitution.
Such a legislation may also include any additional, incidental, or consequential measures that the Parliament may judge essential, including those relating to the distribution of representation in the Parliament and in the legislatures of the States. Additionally, this Article expressly forbids the Parliament from drafting legislation with the intention of amending the Constitution for the purposes of Article 368.
The names of the States and Union Territories that are included in the term “Union of States” are listed in the First Schedule of the Indian Constitution. The distribution of seats in the Council of States is outlined in the Fourth Schedule.
Article 4 of the Constitution of lndia reads as:
1. Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
2. No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
- Some Famous Indian New States That Have Been Formed
With the States Reorganisation Act, 1956, which marked a significant reformation of the boundaries between Indian States and Union Territories, various States have been founded on linguistic distinctions. The States Reorganisation Act, 1956 was passed on August 31 and went into effect on November 1 of that same year.
- The following are a few recent and noteworthy examples of newly formed States in India founded in accordance with The States Reorganisation Act of 1956:
1. The State of Andhra Pradesh was the first state to be created, post-Independence, on a linguistic basis out of Telugu speaking regions of Madras State. It was created in the year 1953. Telangana was a region within Andhra Pradesh for almost six decades, but in 2014 it was carved off to form a separate State. The Capital of both Andhra and Telangana is Hyderabad, in West Central Telangana.
2. The Union Territory of Puducherry (earlier Pondicherry) was formed out of the four former French colonies in India; namely Puducherry, Karaikal, Maher and Yanam. It was created in the year 1962.
3. The State of Telangana was officially formed on June 2, 2014. Telangana region was part of the Hyderabad State from September 17t h , 1948 to November 1st, 1956, until it was merged with Andhra State to form the Andhra Pradesh State. After decades of movement for a separate state Telangana was created by passing the Andhra Pradesh State Reorganisation Act in both the Houses of the Parliament.
4. The former State of Jammu and Kashmir was officially created into a Union Territory on 31 October, 2019 by the Jammu and Kashmir Reorganisation Act, 2019, who was passed by both the Houses of the Parliament of lndia in August 2019. This Act resulted into the re constitution of the former State of j&K into two Union Territories i.e., Union Territory of J&K and Union Territory of Ladakh.
- Conclusion
India, a Union of States, has a federal structure that is designed to maximize national equality. India is included as one of the Fundamental Structures of the Indian Constitution due to its existence. India is incredibly important to preserve its diversity, customs, and languages. This was also considered by the drafters of the Constitution, and as a result, provisions like Articles 2, 3, and 4 were included as crucial components of Indian Federalism.
To strengthen and protect each state’s distinctive cultures, languages, or scripts, new States are formed in India based on these criteria. This is one method for preserving not only India’s distinctiveness but also its cultures, traditions, and dialects.
As a result, we have discussed state formation in accordance with the constitution here. It is a serious mistake to think that founding a new state will solve all of your problems. To make better progress towards the growth of the current countries, more time is required. Whether the issue is severe or minor, it doesn’t matter. To lead with unwavering honesty, one needs to have a strong political resolve. To create a favorable atmosphere for development to occur, both parties must cooperate.
The provisions of Article 3 of the Indian Constitution can endanger the country’s existence by deliberately altering its borders, a practice that is actually common in our nation but goes unnoticed since it is disguised as federal. It shows a working, unified government. It appears that the crucial tenet that the alliance is founded on the nation’s geographic integrity is being ignored.
References
- V.N Shukla
- Dr. J.N PANDEY
- https://legalserviceindia.com
- https://indiankanoon.org
- https://www.vedantu.com
- https://prsindia.org
- https://docs.manupatra.in
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