What is the Procedure For Formation of New States in India?
After the bifurcation of the Jammu and Kashmir (JK) into two separate Union Territories, the number of states in India changed to 28 states while the number of Union Territories became nine, which were seven earlier the bifurcation. In this article, we have explained the procedure for the formation of new states in India. In brief, the states can be formed by the Parliament as per the Constitution of India and it only requires a simple majority to form the state.
History
Before independence, India was divided into 565 princely states. These indigenous princely states believed in independent governance, which was the biggest obstacle in building a strong India. At this time, India had three types of states (1) 'Territories of British India', (2) 'Princely states', and the colonial territories of France and Portugal.
Except for Hyderabad, Junagadh, Bhopal, and Kashmir, 562 princely kingdoms agreed to join the Indian Confederation after India's independence. Since India's independence, the boundaries of its states have changed year after year.
Here’s the history of the formation of new states in India in short — from 565 princely states and 17 provinces (before partition) carved into 14 states and 6 Union Territories (after the 1956 Reorganisation), then states to 29 states and 7 union territories (in 2014), and now to 28 states and 9 Union Territories (after the bifurcation of Jammu & Kashmir).
Creation of New States in India
New states are formed in India under the provisions of Articles 2, 3, and 4 of the Indian Constitution.
1. Article 2 [Admission and 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.
2. Article 3 [Formation of New States and Alteration of Areas, Boundaries or Names of Existing States]:
Parliament may by law
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;
increase the area of any State;
diminish the area of any State;
alter the boundaries of any State;
alter the name of any State;
3. Article 4: 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.
In this article, we will discuss the provisions mentioned above in depth.
Article 2 of the Indian Constitution gives the Indian Parliament sole authority to admit or establish new states into the Indian Union on whatever terms and conditions it sees fit. The Indian Parliament has sole responsibility for this problem, and state legislatures have no authority to enact legislation on the subject.
Article 3 of the Indian Constitution goes into greater detail and authorises the Indian Parliament to create new states, as well as change the area, boundaries, and names of existing states through legislation. Under Article 3, the parliament has the right to create a new state by removing territory from another state, uniting states or portions of states, or joining any area to a part of another state. It also has the authority to change the boundaries or name of any state, as well as raise or decrease its territory. It should be emphasised that the phrase 'State' encompasses a Union Territory in Article 3 clauses (a) to (e).
How is the State Government Formed?
Representatives from diverse constituencies are elected in a general election. A majority is defined as a party with more than half of the total seats. That party is frequently referred to when it comes to creating a government.
There are instances when no single party achieves a clear majority. In this circumstance, the party with the most elected members seeks support from other parties or independent candidates. In this method, the party with the most supporters is able to establish a government. Otherwise, re-election would be necessary.
The Chief Minister, on the other hand, leads a government. The Chief Minister appoints ministers at various levels, including cabinet ministers, state ministers, and deputy ministers, to administer the government's operations. Every government department is led by a cabinet minister who is directly responsible for the department's operations. The handling of government decisions is the responsibility of the heads of government departments who are bureau rates. The agency evaluates projects and ensures that they are finished. The works are approved by the ministers.
Chronology of States' Bifurcation in India till date
1947 - Existing provinces were merged with provinces from roughly 550 princely states.
1953 - Madras was divided into Andhra Pradesh and Telangana. A commission for state reorganisation was established.
1953 - The Northeast Frontier Agency (NEFA) was established.
1956 - 14 new states and six new UTs were established.
1960 - The state of Bombay was divided into two parts: Maharashtra and Gujarat.
1963 - Assam was created out of Nagaland.
1966 - Punjab was divided into two states: Haryana and Himachal Pradesh.
1972 - The states of Meghalaya, Manipur, and Tripura were established.
1975 - Sikkim became a part of the Indian Union.
1987 - Arunachal Pradesh and Goa became states (earlier, these were UTs).
2000 - Uttaranchal was formed from Uttar Pradesh, Jharkhand was formed from Bihar, and Chhattisgarh was formed from Madhya Pradesh.
2014 - This was the country's 29th state and the name of the state was Telangana. It's made up of certain Andhra Pradesh districts. On June 2, 2014, it was granted full sovereignty.
Conclusion
Thus here we have covered the formation of states as per the constitution. Anyone who believes that creating a new state is a panacea is a great misconception. More time is needed to devote greater efforts to current countries' development. It makes no difference whether the problem is severe or little. What is required is a strong political determination to govern with absolute integrity. Both sides must work together to establish a positive environment for development to take place.
The provisions of Article 3 of the Indian Constitution can jeopardise the country's survival by selectively changing the country's borders, which is actually widespread in our country under federal clothing. It portrays a functioning unified government. The key principle that the alliance is based on the country's geographical integrity appears to be disregarded.
FAQs on Formation of New States in India
1. What is the step-by-step process for the formation of a new state in India?
The power to form a new state in India rests exclusively with the Indian Parliament. The process, as outlined in the Constitution, involves several key steps:
- A bill for the formation of a new state can only be introduced in either House of Parliament on the prior recommendation of the President of India.
- Before recommending the bill, the President must refer it to the legislature of the affected state(s) to express their views within a specific timeframe.
- Parliament is not bound by the views of the state legislature and can proceed with the bill even if the state opposes it.
- The bill must be passed in both the Lok Sabha and the Rajya Sabha by a simple majority.
- After being passed by Parliament, the bill goes to the President for his assent, after which the new state is formally created.
2. Which Articles of the Constitution govern the creation of new states?
The creation and alteration of states in India are primarily governed by two articles: Article 2 and Article 3 of the Constitution.
- Article 2 grants Parliament the power to admit new states into the Union of India or establish new states. This article applies to territories that were not previously part of India.
- Article 3 authorises Parliament to form a new state by separating territory from any state, uniting two or more states, or by altering the boundaries, area, or name of any existing state. The formation of states like Telangana and Jharkhand falls under this article.
3. Which was the last state to be formed in India?
The last state formed in India was Telangana, which was carved out of Andhra Pradesh on June 2, 2014, becoming the 29th state at the time. However, following subsequent changes, India currently has 28 states and 8 Union Territories as per the latest administrative structure.
4. How did the number of states in India decrease from 29 to 28?
The number of states in India was reduced from 29 to 28 in 2019. This happened when the Parliament passed the Jammu and Kashmir Reorganisation Act, 2019. This act dissolved the state of Jammu and Kashmir and reorganised it into two separate Union Territories: Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly). This reorganisation led to a decrease in the total count of states.
5. What has been the primary basis for creating new states in India since independence?
The basis for creating new states has evolved over time. Initially, the primary basis was language, as recommended by the States Reorganisation Commission, leading to the States Reorganisation Act of 1956. However, in later years, other factors gained importance. States created in the year 2000, such as Chhattisgarh, Uttarakhand, and Jharkhand, were formed based on grounds of distinct culture, tribal identity, and addressing regional economic and administrative needs.
6. Why is a law to form a new state not considered a constitutional amendment under Article 368?
This is a crucial aspect of the Indian federal system. Article 4 of the Constitution itself clarifies that any law made under Article 2 or Article 3 for the formation or alteration of a state is not to be considered an amendment of the Constitution for the purposes of Article 368. This is because such changes only require a simple majority in Parliament, unlike a constitutional amendment which requires a more stringent special majority. This provision allows for flexible territorial adjustments without a complex amendment process.
7. What role does a State Legislature play in the alteration of its own boundaries?
The role of the State Legislature in the alteration of its own boundaries is purely recommendatory and not binding. While the Constitution mandates that the President must refer the bill to the state legislature for its views, the Parliament is not obliged to accept them. Parliament can pass the bill with or without modifications, even if the state legislature unanimously rejects the proposal. This highlights the principle that India is an 'indestructible union of destructible states'.
8. What is the fundamental difference between a 'State' and a 'Union Territory'?
The fundamental difference lies in their administrative autonomy and relationship with the central government.
- A State is a sovereign administrative unit with its own elected government that has the power to legislate on subjects in the State List and Concurrent List. It shares power with the Centre in a federal structure.
- A Union Territory is an administrative division that is directly governed and administered by the Central Government through a Lieutenant Governor or an administrator appointed by the President. While some UTs have legislatures, their powers are limited compared to states.
