India is also known as a Union of States
. Article 1(1) of the Constitution of
India declares that India, that is Bharat, shall be a Union of States
describing India as a Union of States
, the Drafting Committee of the
Constituent Assembly followed the language of the Preamble of the British North
America Act, 1867. Explaining the significance of the expression Union
instead of the expression Federation
, Dr. B.R Ambedkar, the Chairman of the
Drafting Committee, said that the word was adopted to indicate two things, viz.:
- That the Indian federation is not the result of an agreement between the
units it constituted of and
- That the component units have no freedom to secede from the Union so
The same was done with the intention to
create and preserve the federal structure of India. The authors of the Indian
Constitution, unlike the current generation of Indians, did not believe that the
states, districts and mandals within India are static, unchanging, and
permanent. They had the maturity to accept that States would evolve and change,
and hence made provisions for the creation of new States in Indian Union. In
a case the Supreme Court has held that India adopted a 'loose federal
structure', which is an indestructible Union of destructible Units.
Therefore, the States form an integral part of India as a Union. They represent
their unique identities and ultimately play a vital role in securing and
preserving the Federal Structure in India as also set out by the Constitution.
In this Article, I shall be discussing about the Constitutional provisions
relating to the creation of new States in India, the procedure for their
creation as prescribed in the Constitution, as well as some examples of the
newly formed States in India under the ambit of the Indian Constitution.
Creation Of New States In India : Constitutional Provisions
In India, new states are created following the provisions as prescribed under
Articles 2, 3 and 4 of the Constitution of India.
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
We shall be discussing the above provisions in depth in this present Article.
Creation Of New States In India: The Constitutional Procedure
As given above, new States in India are created under the provisions of Articles
2, 3 and 4 of the Indian Constitution.
Article 2 of the Constitution of India vests in the Indian Parliament the
exclusive power to admit or establish new states into the Indian Union on such
terms and conditions as the Parliament may provide for. This authority is with
the Indian Parliament only and the State legislatures have no power to frame
laws on this subject matter.
Article 2 reads as:
Parliament may by law admit into the Union, or establish, new states on such
terms and conditions as it thinks fit.
Article 3 of the Constitution of India dives and defines further and authorises
the Indian Parliament to form new states; alter the area, boundaries or names of
existing states by legislation. The parliament, under this Article, is empowered
to form a new state by separating a territory from any state or by uniting
states or parts of States or by uniting any territory to a part of any state. It
is also empowered to increase or diminish the area of any state or to alter the
boundaries or the name of any state. It should be noted that in clauses from (a)
to (e) under Article 3, the expression 'State' includes a Union Territory.
Article 3 of the Constitution of India reads as: 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 if any State
There is a provisio clause attached to Article 3. The clause provides that any
legislation framed upon the provisions of Article 3 shall not be introduced in
either House of the Indian Parliament, except when it is firstly recommended by
the President of India for the same purpose.
This clause further provides that
where such legislation affects the area, boundary or the name of any existing
State, then such a legislation shall not be introduced in either House of the
Parliament unless, when first referred by the President to such State
legislature affected, views of such State legislature are first acquired on its
area, boundary or name being affected thereby.
It is to be noted that such views by the State legislature shall be communicated
to the Parliament within such time period as the President of India may specify
in such reference or within such time period as the President may allow. If the
Centre accepts the State's recommendation, a bill can be introduced in either
House of Parliament on the recommendation of the President, which in fact means
the recommendation of the Union government.
Before drafting the Bill, it is open
to the Centre to appoint a Commission to fix boundaries and for Sharing waters,
providing other guarantees and location of capitals, High Courts and all other
requirements of the States to be formed. It is only on receipt of a report of
the Commission that the President may recommend a Bill, on the advice of the
Union Council of Ministers.
However, the Parliament is not bound to accept or act upon the views of the
State legislature, even if such views are received in time. This means, even
if there is opposition to the referred Bill, or such reference is not responded
to within the prescribed time, or when such a Bill is approved, the a President
can go ahead with formation of a new State. Period within which the State
Legislature must express its views has to be specified by the President; but the
President may extend the period so specified.
If, however, the period specified
or extended expires and no views of the State Legislature are received, the
Second condition laid down in the provisio is fulfilled in spite of the fact
that the views of the State legislature have not been expressed. The intention
seems to be to give an opportunity to the State Legislature to express its views
within the time allowed; if the State Legislature fails to avail itself of that
opportunity, such failure does not invalidate the introduction of the bill.
It should be noted that in the provisio clause attached to Article 3, the
does not include a Union Territory.
The provisio clause reads as : provided that no bill for the purpose shall be
introduced in either House of Parliament except on the recommendation of the
President and unless, where the proposal contained in the Bill affects the area,
boundaries or names of any of the States, the Bill has been referred by the
President to the Legislature of that State for expressing its views thereon
within such further period as the President may allow and the period so
specified or allowed has expired.
Article 4 of the Indian Constitution reflects a mandatory direction to the
Parliament while framing a legislation under Article 2 and 3. It directs the
Parliament to frame a legislation which bears within it certain provisions
providing for the amendment of the First Schedule and the Fourth Schedule of the
Constitution of India in order to giving affect to such legislation.
Such a law
may also contain such supplemental, incidental and consequential provisions,
including provisions relating to the distribution of representation in the
Parliament and in the legislatures of the States, as the Parliament may deem
necessary. Further, this Article clearly bars the jurisdiction of the Parliament
to frame a legislation intending to be an amendment of the Constitution for the
purposes of Article 368.
The First Schedule of the Indian Constitution enlists the names of the States
and the Union Territories which are included in the expression 'Union of
States'. The Fourth Schedule prescribes the allocation of seats in the Council
Article 4 of the Constitution of India reads as:
- 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.
- No such law as aforesaid shall be deemed to be an amendment of this
Constitution for the purposes of Article 368.
Therefore, the procedure discussed above is how States in India are created.
Some Notable Examples Of Newly Created States In India
Since the enforcement of the States Reorganisation Act, 1956 in India, a major
reformation of the boundaries of the Indian States and the Union Territories,
several States were created on the basis of linguistic lines. The States
Reorganisation Act, 1956 was enacted on 31st August, 1956 and the same came into
force on 1st November, 1956.
Some of the recent and notable examples of newly created States in India on the
basis of The States Reorganisation Act, 1956 includes:
- 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
- The Union Territory of Puducherry ( earlier Pondicherry) was formed out of
the four former French colonies in India; namely Puducherry, Karaikal, Mahe and
Yanam. It was created in the year 1962.
- The State of Telangana was officially formed on June 2, 2014. Telangana
region was part of the Hyderabad State from September 17th , 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
- 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,
which was passed by both the Houses of the Parliament of India 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.
India, a Union of States
, has a federal structure and being so it is counted
in as one of the Basic Structure of the Indian Constitution. India being rich in
diversity, cultures and languages, it is abundantly necessary to preserve these
aspects. The Constitution makers also envisaged this and therefore, provisions
like Article 2, 3 and 4 were incorporated as an important part of Indian
In this respect, new States are created in India on the basis of
these criteria to strengthen and preserve the States unique cultures and
languages or scripts. This is one of the ways through which not only the
uniqueness of India is protected but also its cultures, traditions and dialects.
- Prof. Narendra Kumar, Constitutional Law of India, 41, (2014)
- Mr. Suvir Raghuvansh, Creation of new States in India,
(2016), available at https://docs.manupatra.in/newsline/articles/Upload/E6D33255-8F9C-4F9E-B3F9-7359D9D25FE9.pdf
- Raja Ram Pal V Hon'ble Speaker, (2007) 3 SCC 184
- J. Venkatesan, what it takes to form a new
State, (15-11-2011) available on https://www.google.co.in/amp/s/www.thehindu.com/news/national/what-it-takes-to-form-a-new-state/article2630885.ece/amp/
- Prof. Narendra Kumar, Indian Constitutional Law, 48, (2014)
- Venkatesh, what it takes to form a new State, (15-11-2011)
- Babulal Parate V State of Bombay, 1960 AIR SC 51
- Sudhir Vyankatesh Wanmali, Andhra Pradesh, available at https://www.britannica.com/place/Andhra-Pradesh
- State Profile, Telangana State Portal, www.telangana.gov.in
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