After the bifurcation of the Jammu and Kashmir (JK) into two separate Union Territories, the number of states in India changed to 28 states while the number of Union Territories became nine, which were seven earlier the bifurcation. In this article, we have explained the procedure for the formation of new states in India. In brief, the states can be formed by the Parliament as per the Constitution of India and it only requires a simple majority to form the state.
Before independence, India was divided into 565 princely states. These indigenous princely states believed in independent governance, which was the biggest obstacle in building a strong India. At this time, India had three types of states (1) 'Territories of British India', (2) 'Princely states', and the colonial territories of France and Portugal.
Except for Hyderabad, Junagadh, Bhopal, and Kashmir, 562 princely kingdoms agreed to join the Indian Confederation after India's independence. Since India's independence, the boundaries of its states have changed year after year.
Here’s the history of the formation of new states in India in short — from 565 princely states and 17 provinces (before partition) carved into 14 states and 6 Union Territories (after the 1956 Reorganisation), then states to 29 states and 7 union territories (in 2014), and now to 28 states and 9 Union Territories (after the bifurcation of Jammu & Kashmir).
Creation of New States in India
New states are formed in India under the provisions of Articles 2, 3, and 4 of the Indian Constitution.
1. Article 2 [Admission and establishment of new states]:
Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2. Article 3 [Formation of New States and Alteration of Areas, Boundaries or Names of Existing States]:
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 of any State;
3. Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidents and consequential matters.
In this article, we will discuss the provisions mentioned above in depth.
Article 2 of the Indian Constitution gives the Indian Parliament sole authority to admit or establish new states into the Indian Union on whatever terms and conditions it sees fit. The Indian Parliament has sole responsibility for this problem, and state legislatures have no authority to enact legislation on the subject.
Article 3 of the Indian Constitution goes into greater detail and authorises the Indian Parliament to create new states, as well as change the area, boundaries, and names of existing states through legislation. Under Article 3, the parliament has the right to create a new state by removing territory from another state, uniting states or portions of states, or joining any area to a part of another state. It also has the authority to change the boundaries or name of any state, as well as raise or decrease its territory. It should be emphasised that the phrase 'State' encompasses a Union Territory in Article 3 clauses (a) to (e).
How is the State Government Formed?
Representatives from diverse constituencies are elected in a general election. A majority is defined as a party with more than half of the total seats. That party is frequently referred to when it comes to creating a government.
There are instances when no single party achieves a clear majority. In this circumstance, the party with the most elected members seeks support from other parties or independent candidates. In this method, the party with the most supporters is able to establish a government. Otherwise, re-election would be necessary.
The Chief Minister, on the other hand, leads a government. The Chief Minister appoints ministers at various levels, including cabinet ministers, state ministers, and deputy ministers, to administer the government's operations. Every government department is led by a cabinet minister who is directly responsible for the department's operations. The handling of government decisions is the responsibility of the heads of government departments who are bureau rates. The agency evaluates projects and ensures that they are finished. The works are approved by the ministers.
Chronology of States' Bifurcation in India till date
1947 - Existing provinces were merged with provinces from roughly 550 princely states.
1953 - Madras was divided into Andhra Pradesh and Telangana. A commission for state reorganisation was established.
1953 - The Northeast Frontier Agency (NEFA) was established.
1956 - 14 new states and six new UTs were established.
1960 - The state of Bombay was divided into two parts: Maharashtra and Gujarat.
1963 - Assam was created out of Nagaland.
1966 - Punjab was divided into two states: Haryana and Himachal Pradesh.
1972 - The states of Meghalaya, Manipur, and Tripura were established.
1975 - Sikkim became a part of the Indian Union.
1987 - Arunachal Pradesh and Goa became states (earlier, these were UTs).
2000 - Uttaranchal was formed from Uttar Pradesh, Jharkhand was formed from Bihar, and Chhattisgarh was formed from Madhya Pradesh.
2014 - This was the country's 29th state and the name of the state was Telangana. It's made up of certain Andhra Pradesh districts. On June 2, 2014, it was granted full sovereignty.
Thus here we have covered the formation of states as per the constitution. Anyone who believes that creating a new state is a panacea is a great misconception. More time is needed to devote greater efforts to current countries' development. It makes no difference whether the problem is severe or little. What is required is a strong political determination to govern with absolute integrity. Both sides must work together to establish a positive environment for development to take place.
The provisions of Article 3 of the Indian Constitution can jeopardise the country's survival by selectively changing the country's borders, which is actually widespread in our country under federal clothing. It portrays a functioning unified government. The key principle that the alliance is based on the country's geographical integrity appears to be disregarded.