We have already read that Article 1 states, ‘India, that is Bharat, shall be a Union of states’. We also saw that the territory of India that comprises (a) the ‘States’, (b) ‘Union Territories’ or (c) ‘other such territories as may be acquired’. Their detail is specified in the ‘First Schedule’ of the Constitution.
Today we shall cover two more articles (2 & 3) of Part-1.
Article 2 : Admission or establishment of new States.
The current article deals with the power of the Parliament, by law, to admit any new territory as a part of the Union of India.The terms and conditions of such admission may be decided by the parliament. For example, Goa, Daman and Diu were admitted to the Union of India in exercise of Article 2. Please note that Sikkim was admitted to the Union of India through a new Article 2A (Sikkim to be associated with the Union) as an associate state (a new class of statehood). But, later Article 2A was repealed (removed) by Thirty-sixth amendment Act, 1975 making Sikkim a full fledged 22nd state of the Union of India.
Article 3 : Formation of new States and alteration of areas, boundaries or names of existing states.
This article empowers the Parliament, by law, to form new state(s) or union territory(ies) out of the existing States or Union Territories. This is done through the merger or separation of the existing states or union territories or only their parts. Asides, the Parliament can also change their names or alter their boundaries resulting in a change in their areas. It is important to note following points with reference to article 3:
Only Parliament, not the state legislatures, is empowered to make any alterations in exercise of Article 3.
Any bill in this regard can be introduced in either house of Parliament but prior recommendation of the President shall be required.
The President is required to refer the bill to the concerned state legislature for expressing its views prior to his recommendation.
The concerned state legislature is required to express its views within a specified time period.
After the expiry of such specified time period the President may recommend the bill to be introduced in the Parliament.
The views expressed by the concerned state legislature are not binding on the President.
Such reference by the President is not required in case of a Union Territory.
Please note here that in 1956 there were 14 States and 6 Union Territories. As on date this number has gone up to 28 States and 9 Union Territories by the virtue of Article 2 & 3.
Please share your feedback on the below mentioned email id:
contact@theindiansearchlight.com
www.theindiansearchlight.com
PS: The above texts are ‘not the exact texts’ copied from the Constitution of India.They have been modified in simple language for the ease of understanding. Due consideration has been given to ensure that ‘the spirit and the meaning’, as contained in the Constitution, remains the same. Please refer to the Constitution of India for the original texts. Please feel free to point out any discrepancy that comes across you. We shall be happy to modify the same.
No comments:
Post a Comment