How does Indian Parliament create new states?
Q. Which of the following sentences is/are true?
1) Since formation of new states under Article 3 involves changing the First and Fourth Schedule, it needs special majority in both houses of Parliament.
2) The 10th Constitutional Amendment Act (1960) was enacted to transfer the Berubari Union to Pakistan.- Published on 17 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
- Article 3 authorizes the Parliament to :
(a) 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,
(b) increase the area of any state;
(c) diminish the area of any state;
(d) alter the boundaries of any state; and
(e) alter the name of any state.
- However, a bill regarding the above changes can be introduced in the Parliament only with the prior recommendation of the President.
- Also, before recommending the bill, the President must refer the same to the state legislature concerned for expressing its views within a specified period.
- The President (or Parliament) is not bound by the views of the state legislature and may either acceptor reject them, even if the views are received in time.
- Further, it is not required to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament. In case of a union territory, no reference need be made to the concerned legislature.
- Parliament can itself take any action as it deems fit.
- Also, the Parliament can form new states or union territory by uniting a part of any state or union territory to any other state or union territory (By 18th Constitutional Amendment Act, 1966).
- Parliament can redraw the political map of India according to its will without the state consent.
- Thus, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
- Therefore, India is rightly described as 'an indestructible union of destructible states’.
- The Union government can destroy the states whereas the state governments cannot destroy the Union.
- In USA, the territorial integrity of a state is guaranteed by the Constitution.
- The American Federal government cannot form new states or alter the borders of existing states without the consent of the states concerned. Hence USA is described as ‘an indestructible union of indestructible states.’
- Article 4 declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
- This means that such laws can be passed by a simple majority and by the ordinary legislative process.
- The decision of the Central government to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to controversy and necessitated the Presidential reference in 1960 to the Supreme Court.
- The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country.
- Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.
- The 9th Constitutional Amendment Act (1960) was enacted to transfer the said territory to Pakistan.
- Supreme Court in 1969 also ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment.
- It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
