India’s Parliament possesses broad authority under the Constitution to modify the country’s state boundaries. The authority allows for the dynamic adjustment of political and administrative borders to reflect evolving socio-political circumstances. 

Source of Authority

1.         Article 2:  Introduction of New States:

1. Power: Grants Parliament the power to integrate new territories into the Union or to establish new states under agreed conditions.
2. Example: Sikkim was incorporated as the 22^nd state of India in 1975 via the 36^th Amendment.

2.         Article 3: Reconfiguration of State Boundaries:

a. Power: Permits Parliament to:

1. Create new states by merging or dividing existing ones.
2. Adjust the size of any state.
3. Modify state boundaries or names.

b. Process: Involves the President soliciting opinions from the legislatures of affected states, though these views are not binding.

Example: The division of Andhra Pradesh to form Telangana in 2014, marking a significant change in India’s state map.

3. Article 4: Supporting Legislation for State Reorganization:

1. Power: Clarifies that laws enacted under Articles 2 and 3 concerning state reorganization do not constitute constitutional amendments as per Article 368.
2. Example: The States Reorganisation Act of 1956, which rearranged state boundaries based on language without undergoing the constitutional amendment process. Historical Instances of State Reorganization:

1. 1956: The States Reorganisation Act facilitated the linguistic reorganization of states.

2. 2000: Birth of Chhattisgarh, Uttarakhand, and Jharkhand from the territories of Madhya Pradesh, Uttar Pradesh, and Bihar, respectively, for enhanced governance.

3. 2014: Establishment of Telangana from Andhra Pradesh, following prolonged advocacy for a separate state.

These mechanisms and historical instances underscore the Parliament’s critical function in adapting India’s federal structure to meet the changing desires and necessities of its varied populace, promoting both administrative efficiency and cultural unity.

Q.6 What do you mean by Constitutionalism? How the idea of Constitutionalism is realised in the Constitution? Elaborate.

Ans. Constitutionalism refers to a system of governance where the exercise of power is both derived from and constrained by a fundamental body of law, typically a written constitution. It emphasizes the supremacy of the constitution and the rule of law, protecting individual liberties and promoting limited government.

The idea of constitutionalism is realized in the Indian Constitution in the following ways:

1. Written Constitution: The Indian Constitution is a comprehensive document that codifies the fundamental principles, structures, and procedures of governance. It acts as the supreme law of the land, binding all organs of the state and individuals within its jurisdiction.

2. Limited Government: The Constitution establishes a framework of separation of powers among the legislature, executive, and judiciary. This prevents the concentration of power in any single entity and ensures a system of checks and balances. The power of each organ is defined and limited by the Constitution.

3. Fundamental Rights: The Constitution guarantees a wide range of fundamental rights to citizens, including the right to equality, freedom of speech and expression, right to life and liberty, and right to freedom of religion. These rights are enforceable by the courts, ensuring the protection of individual liberties against arbitrary state action.

4. Directive Principles of State Policy: The Constitution also includes Directive Principles of State Policy (DPSP), which provide guidelines for the government to promote social and economic justice. While not directly enforceable, the DPSPs serve as a moral compass for policy-making and guide the state towards achieving a welfare state.

5. Independent Judiciary: The Constitution provides for an independent judiciary that acts as a guardian of the Constitution and protector of fundamental rights. The judiciary has the power of judicial review, enabling it to declare laws and executive actions unconstitutional if they violate the provisions of the Constitution.

6. Federalism: The Constitution establishes a federal system of government, dividing power between the central government and the states. This ensures a balance of power and accommodates regional diversity. The powers of both the Centre and the states are clearly defined in the Constitution.

7. Secularism: The Constitution enshrines the principle of secularism, ensuring the separation of religion and state. It guarantees equal treatment of all religions and prohibits discrimination on the basis of religion.

8. Amendment Procedure: The Constitution provides for a process of amendment, allowing it to evolve with changing times and societal needs. However, the amendment procedure is designed to ensure that the basic structure of the Constitution remains intact.

In conclusion, the Indian Constitution embodies the idea of constitutionalism by establishing a framework of limited government, fundamental rights, separation of powers, independent judiciary, federalism, secularism, and an amendment process. These features ensure that the exercise of power is constrained by constitutional principles and protects individual liberties, ultimately promoting the rule of law and democratic governance.