Procedure for Formation of New StatesÂ
Article 3: Provisions for formation of new States and alteration of areas, boundaries or names of existing States. As per this,Â
- Power: Parliament may by law form a new State by separating territory from any State, uniting two or more States, uniting parts of States and uniting any territory to a part of any State.Â
- Parliament can create a new state through ordinary legislation (i.e. with simple majority).Â
- Presidential Recommendation: Such Bill shall be introduced in either House of Parliament only on President’s recommendation.Â
- Consultation with State Legislatures: Before recommending a Bill, which affects area, boundaries or name of any of States, President shall refer this Bill to Legislature of that State to express its view within a specified time.
Factors driving Demand for New States in post-independence IndiaÂ
- Linguistic diversity: Language has drive driving demand for creation of new states.
- For instance, creation of Maharashtra and Gujarat in 1960.Â
- Regional disparities: Underdevelopment in specific regions prompts statehood demands. o Example: Demand for Vidarbha region of Maharashtra.Â
- Cultural identity: Various ethnic groups attempt to protect and preserve their ethnic, social and cultural identity like language, race, language, customs etc. o For example, the demand for the Statehood for the Bodoland region of Assam has been raised mainly on the issue distinct tribal culture of the region, which is different from rest of the State.Â
- Administrative efficiency: Smaller states are perceived to enhance governance and administrative efficiency. o Example: Demand of Harit Pradesh from Uttar Pradesh
Judicial Pronouncement related to Reorganisation of State
- Berubari Union case, 1960: SC held that power of Parliament to diminish the area of 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 Constitution under Article 368.
- Consequently, 9th Constitutional Amendment Act (CAA), 1960 was enacted to transfer certain territory to Pakistan.
State Reorganization Commission/Committees
- S.K. Dhar Commission, 1948: Recommended re-organization on basis of administrative convenience rather than linguistic factor.
- JVP Committee (named after its members Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya), 1948: Rejected language as basis for reorganization of states.
- Fazl Ali Commission, 1953: Identified 4 factors for state reorganization i.e. o Preservation and strengthening of unity and security of country. o Linguistic and cultural homogeneity. o Financial, economic and administrative considerations. o Planning and promotion of welfare of people and nation as a whole.
- Fazal Ali Commission recommended for formation of 14 states and 6 UTs. o Parliament implemented its recommendations through Constitution (7th Amendment) Act, 1956.
