19-10-2024 Mains Question Answer
Q. Discuss the constitutional provisions for the creation and abolition of the States in India, with examples.
Ans. The Constitution of India provides for the creation and abolition of states within the Indian Union, reflecting the dynamic nature of federalism in the country. This flexibility allows for adjustments to the political map to address administrative efficiency, cultural identity, and regional aspirations.
Constitutional Provisions:
- Article 1: Declares India as a “Union of States,” implying that the composition of the Union can be altered.
- Article 2: Empowers Parliament to admit new states into the Union or establish new states on its terms and conditions. This applies to territories not previously part of India.
- Article 3: Authorizes Parliament to:
- Form a new state by separating territory from an existing state.
- Unite two or more states or parts thereof.
- Unite any territory to a part of any state.
- Increase or diminish the area of any state.
- Alter the boundaries or name of any state.
- Article 4: Clarifies that laws made under Articles 2 and 3 are not considered constitutional amendments under Article 368, signifying the power of Parliament in redrawing the internal map of India.
Procedure:
While the Constitution grants Parliament the power to alter state boundaries, it mandates a consultative process:
- Presidential Referral: A bill proposing the formation of a new state or alteration of existing states is introduced in Parliament only after the President refers it to the Legislature of the affected state for expressing its views within a specified period.
- State’s Views: The state legislature’s views are considered, although they are not binding on Parliament.
- Parliamentary Approval: The bill must be passed by a simple majority in both Houses of Parliament.
Examples:
- Creation of States:
- Linguistic Reorganization: Formation of Andhra Pradesh (1953) based on linguistic identity, followed by reorganization of states in 1956.
- Regional Aspirations: Creation of states like Uttarakhand (2000), Jharkhand (2000), and Chhattisgarh (2000) to address regional development and aspirations.
- Strategic Interests: Formation of Arunachal Pradesh (1987) considering strategic importance along the border.
- Abolition of States:
- While there is no explicit provision for the abolition of states, the power to alter boundaries under Article 3 can effectively lead to the merger of a state with another.
- The integration of princely states into the Indian Union after independence can be seen as an example of this power, although the historical context is different.
Conclusion
The constitutional provisions for the creation and abolition of states in India demonstrate a balance between the Union’s sovereignty and the recognition of regional aspirations. The process, while primarily driven by Parliament, incorporates a consultative mechanism to accommodate the views of affected states. This framework has allowed for the redrawing of India’s political map over time to address administrative, cultural, and strategic considerations. However, it is crucial to exercise this power judiciously, ensuring that any changes promote national unity, regional harmony, and the welfare of the people.