Article 2 of the Constitution of India is a key provision within Part I (“The Union and its Territory”). It grants Parliament the power to expand the Union of India by admitting new states or establishing new states that were not previously part of India’s territory.
Text of Article 2
The article reads as follows:
“Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.”
Detailed Explanation
Let’s break down the components of Article 2:
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“Parliament may by law…”:
- This signifies that the power to admit or establish new states is vested exclusively in the Parliament of India.
- The process must be carried out through the enactment of a law. This implies that a bill must be introduced in Parliament and passed by both Houses (Lok Sabha and Rajya Sabha) and receive the President’s assent.
- Such laws are passed by a simple majority, as clarified by Article 4(2) of the Constitution, and are not considered amendments to the Constitution under Article 368.
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"…admit into the Union…":
- This part of the article refers to the admission of states that are already in existence but are not part of the Indian Union.
- These could be territories that were previously independent or under the control of another sovereign power.
- Example: The admission of Sikkim into the Indian Union in 1975 (through the 36th Constitutional Amendment Act, 1975, which inserted Article 371f and made Sikkim a full-fledged state) can be seen as an application of the spirit of this provision, although it involved a more complex process due to Sikkim’s prior status as a protectorate. Initially, Article 2A was inserted by the 35th Amendment Act, 1974, to associate Sikkim with the Union, but this was quickly followed by its full admission.
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"…or establish, new States…":
- This part refers to the creation or formation of states that did not exist as distinct political entities before their establishment by Parliament.
- This could involve, for instance, territories acquired by India (under Article 1(3)(c)) which are then constituted as new states.
- It empowers Parliament to bring into being a new state from a territory that was not previously organized as such.
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"…on such terms and conditions as it thinks fit.":
- This clause grants Parliament considerable discretion in determining the terms and conditions for the admission or establishment of new states.
- Parliament can decide the nature of the new state (e.g., its legislative powers, representation in Parliament, financial arrangements) within the broader framework of the Indian Constitution.
- This flexibility allows Parliament to address the specific circumstances and requirements of each new state being incorporated.
Distinction from Article 3
It is crucial to distinguish Article 2 from Article 3 of the Constitution:
- Article 2: Deals with the admission or establishment of new states that are not currently part of the Union of India. It relates to the external reorganization or expansion of the Union.
- Article 3: Deals with the internal readjustment of the territories of existing states within the Union of India. This includes forming new states by altering the boundaries of existing states, increasing or diminishing the area of any state, or changing the name of any state.
In essence, Article 2 is about adding to the number of states from outside, while Article 3 is about reorganizing the existing states within India.
Important Notes and Comments
- Sovereign Power: Article 2 reflects the sovereign power of the Indian Parliament to expand the Union. This power is essential for a nation to adapt to geopolitical changes and integrate new territories.
- No Consultation with Existing States: Unlike Article 3, which has a proviso requiring the President to refer a bill affecting the area, boundaries, or name of any existing state(s) to the legislature of that state for expressing its views, Article 2 does not mandate any such consultation. This is logical because Article 2 deals with territories external to the existing states of the Union.
- Simple Majority: As per Article 4(2), any law made under Article 2 (or Article 3) shall contain such provisions for the amendment of the First Schedule (names of States and Union Territories) and the Fourth Schedule (allocation of seats in the Rajya Sabha) 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. Importantly, Article 4(2) explicitly states that no such law shall be deemed to be an amendment of this Constitution for the purposes of Article 368. This means such changes can be made by a simple majority in Parliament, not requiring the special majority prescribed for constitutional amendments.
- Acquired Territories: When India acquires a new territory (as per Article 1(3)(c)), Parliament can use its power under Article 2 to either admit it as a state or establish it as a new state. Alternatively, an acquired territory might initially be administered as a Union Territory.
- Case of Sikkim: The integration of Sikkim is a prominent example related to the powers under Article 2.
- Initially, the 35th Amendment Act, 1974, introduced Article 2A, making Sikkim an “associate state,” a unique status not envisaged elsewhere.
- This was quickly superseded by the 36th Amendment Act, 1975, which repealed Article 2A and admitted Sikkim as a full-fledged state of the Union by amending the First and Fourth Schedules and inserting Article 371f with special provisions for Sikkim. While amendments were used, the core power to admit a new entity into the Union aligns with the principle of Article 2.
Article 2 provides the constitutional mechanism for India to grow territorially by incorporating new states, thereby ensuring the Union’s capacity for expansion and integration.