What are the constitutional provisions regarding the reorganisation of states in India?

Constitutional Provisions on Reorganization of States in India

The reorganization of states in India is governed by constitutional provisions outlined primarily in Part I of the First Schedule and Articles 1, 2, 3, and 4 of the Indian Constitution. These provisions provide the framework for altering the boundaries and formation of states and union territories.

1. Article 1 – Name and Territory of the Union:
Article 1 declares that India, that is Bharat, shall be a Union of States. It also specifies the territories that comprise the Union, including the territories of states, union territories, and any acquired territories.

2. Article 2 – Admission or Establishment of New States:
Article 2 empowers the Parliament to admit new states into the Union or establish new states by reorganizing the existing ones. This includes the formation of new states or the alteration of boundaries by separating territory from any state or by uniting two or more states or parts of states.

3. Article 3 – Formation of New States and Alteration of Areas, Boundaries, or Names of Existing States:
Article 3 is the key constitutional provision dealing with the reorganization of states. It grants the Parliament the authority to enact laws for the formation of new states and the alteration of areas, boundaries, or names of existing states. The President's recommendation is a prerequisite for introducing such bills, and the concerned state legislature's views are considered. However, Parliament has the ultimate authority to pass legislation related to state reorganization.

4. Consultation with State Legislatures:
While Article 3 gives significant powers to the Parliament, it mandates that, in the case of a reorganization affecting the boundaries of a state, the President shall refer the bill to the legislature or legislatures of the concerned state for expressing their views. While the views are not binding, this consultation process ensures a degree of federal cooperation in state reorganization.

5. Article 4 – Laws made under Articles 2 and 3 to provide for the amendment of the First Schedule:
Article 4 empowers the Parliament to amend the First Schedule of the Constitution for incorporating changes resulting from the reorganization of states. This includes adding or omitting the names of states or altering their boundaries.

6. Special Provisions for Certain States:
The Constitution also contains special provisions for certain states like Jammu and Kashmir, which had its own constitution until its abrogation in 2019. The reorganization of Jammu and Kashmir and the creation of the union territories of Jammu and Kashmir and Ladakh were carried out under Article 370 and Article 35A, which were abrogated by a constitutional amendment.

In summary, the constitutional provisions regarding the reorganization of states in India primarily lie in Articles 1, 2, 3, and 4 of the Constitution. These provisions grant the Parliament the authority to admit new states, establish new states, and alter the boundaries, areas, or names of existing states. The consultation process with state legislatures, as mandated by Article 3, ensures a democratic and cooperative approach in the reorganization process.