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CONSTITUTIONAL LAW-1
ESTABLISHMENT OF NEW STATES

Submitted by:
ABHISHEK.S
Reg. No. BC0190002

Name of the Guide

Mr. Anand kumar Singh

Assistant Professor of law

TAMIL NADU NATIONAL LAW UNIVERSITY

(A State University established by Act No. 9 of 2012)
Tiruchirappalli
Tamil Nadu – 620 027
DECEMBER – 2020
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Mr. Anand Kumar Singh

Tamil Nadu National Law University
Tiruchirappalli
Tamil Nadu – 620 027

CERTIFICATE
This is to certify that the project work entitled “ESTABLISHMENT OF NEW
STATES” is a bonafide record of the research work done by (Abhishek.S), under

my supervision and guidance. It has not been submitted by any other University
for the award of any degree, diploma, associateship, fellowship or for any other
similar recognition.

Place: Tiruchirappalli
Date:

Signature of the Guide

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Abhishek.S
Reg. No. BC0190002
II – B.Com., LLB., (Hons.)
Tamil Nadu National Law University
Tiruchirappalli
Tamil Nadu – 620 027

DECLARATION

I (Abhishek.S), Register Number (BC0190002), hereby declare that this

Research Paper work entitled “ESTABLISHMENT OF NEW STATES” has been
originally carried out by me under the guidance and supervision vision of (Mr.
Anand Kumar Singh), Assistant professor, Tamil Nadu National Law
University, Tiruchirappalli - 620 027. This work has not been submitted either
in whole or in part of any Degree/ Diploma at any University.

Place: Tiruchirappalli
Date:
Counter Signed Signature of the candidate

Project Guide
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ACKNOWLEDGEMENT

At the outset, I take this opportunity to thank my Professor Mr. Anand

kumar Singh from the bottom of my heart who has been of immense help
during moments of anxiety and torpidity while the project was taking its crucial
shape.

Secondly, I convey my deepest regards to the Vice Chancellor Mrs.

Elizabeth V.S.  and the administrative staff of TNNLU who held the project in
high esteem by providing reliable information in the form of library
infrastructure and database connections in times of need.

Thirdly, the contribution made by my parents and friends by foregoing

their precious time is unforgettable and highly solicited. Their valuable advice
and timely supervision paved the way for the successful completion of this
project.

Finally, I thank the Almighty who gave me the courage and stamina to
confront all hurdles during the making of this project. Words aren’t sufficient
to acknowledge the tremendous contributions of various people involved in this
project, as I know ‘Words are Poor Comforters’. I once again wholeheartedly
and earnestly thank all the people who were involved directly or indirectly
during this project making which helped me to come out with flying colours.
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Contents Page
no
INTRODUCTION 6
RESEARCH OBJECTIVES 6
RESEARCH QUESTION 7
SCOPE OF INDIAN CONSTITUTION 7
ADMISSION AND ESTABLISHMENT OF NEW STATES 7

EARLY CRITERION FOR THE FORMATION OF NEW STATES IN INDIA 10

THE ELEMENTS FOR THE LEGISLATIVE PROVISIONS ON THE 12
FORMATION OF STATES
THE ESTABLISHMENT OF STATE AND THE INFLUENCING FACTORS OF 13
LINGUIST AND CULTURAL MANNER
CONCLUSION 15
BIBLIOGRAPHY 16
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INTRODUCTION:

The research project will tend to study the establishment of new states in accordance with
the Indian constitution. The concept of the topic is aided by the constitutional provision that
is implied in the Article 2 and Article 3 of the Constitution of India, 1950 for that guides with
the establishment and formation of new states. This project will tend to analyse the powers of
the parliament to enables the law to form a new state and separation of powers to form or
alter the existing state by the union and the state for the creation of a new state. This project
will analyse the main reasons put forth by the parliament for creation of new state based on
the socio- linguistic, political and economic influencing factors will be analysed, and the
advantages and disadvantages of establishment of new states will also be studied and the
constitution provision with respect to the legislative provision of the establishment of new
state will also be studied with the elements of legal provisions with help of case laws. The
laws regarding the constitution has provision in case of altering with respect to article 4 of the
indian constitution and after the powers vested in the provision , during the time of framing
the Drafting Committee decided to make it clear that while India was to be a  made
a federation, the Federation was not the result of an agreement, that the States needed to enter
a federation and that no State had the right to secede from it because the Federation was not
the result of an agreement. Since it is indestructible, the Federation is a Union. Although the
nation and the people can be divided into various states for the convenience of
administration, the country is fundamental in its entirety, its people are a single people living
under a single imperial derived from a single source. In order to ensure that the States had no
right to secession and that their Federation was indestructible, the Americans had to wage
civil war. Instead of leaving it to chance, the Drafting Committee felt it was best to make it
clear at the start will giving the 1 st article in the constitution and there is enough way to define
the territories and the reasons will be in the provisions of the constitution in the elaborate
manner to avoid territorial disputes.

RESEARCH OBJECTIVES:

The main objective of this research project is to,

 To study the discretionary powers of parliament to enable the constitutional and

legislative provisions.
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 To analyse the difference between article 2 and article 3 of constitution of India,1950

with respect to the provisions specified in it for the establishment of new state 
 To study the scope of the provision with constitutional and legislative interventions
 to analyse the elements of the law to reason out the formation of new state.

RESEARCH QUESTION:

The main problem that give rises to the research question in the project will be,

 Does the formation or establishment of new state arise conflict among the citizens
among the union as it causes territorial disputes with respect to linguistic problems
and resources problems as dispute cause?
 Do the laws make under the constitutional provisions intervenes in any other
legislative provision that disturbs the national integrity?

SCOPE OF INDIAN CONSTITUTION:

Indian country’s Union has got a special feature, by which it is the not able to be destroyed
and cannot be divided and the union of India has always remained the same. The constitution
of India has given the power to the Parliament. With this power, Parliament can form a “new
state or union territory by uniting a part of any State or Union territory to other State or Union
territory”. Parliament can change or even cancel the identity of states. India is designated as
the "Union of States" according to Article 1 of the Indian Constitution. The states and union
territories are listed in the first schedule of the Indian Constitution and list the boundary
changes for states if a border change occurs and as per the provisions of the constitution the
Articles 2, 3 and 4 of the Indian Constitution give the parliament the power to approve a
newly created state, and with the debate, the area can be altered by law to increase or reduce
it. Then the fact that, pursuant to Article 2 of the Indian Constitution, “the Parliament has the
power to grant or issue an order in creating a new State and to admit it into the Union of
States, or to create new States, on the terms and conditions which it considers necessary.”

ADMISSION AND ESTABLISHMENT OF NEW STATES

ARTICLE 2:

Article 2 of the Indian constitution states that, “Admission or establishment of new States:
Parliament may by law admit into the Union, or establish, new States on such terms and
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conditions, as it thinks fit”1 and The power to admit new states to the Union under Article 2 is
undoubtedly, by the very nature of power, very broad and its exercise is necessarily guided
by political issues of considerable complexity, many of which may not be legally
manageable. The reasoning in the case of R.C. Poudyal v. Union of India 2 were the
parliament has been granted with autonomous right to form a new state adhering to the valid
conditions of the of the rational peace with the course of moral reason.( to fit in).The matter
of rational while drafting the Indian constitution, the framers believed that the division like
states, districts may change in the future. They thought that there could be an evolution of
state or making a new state. Hence they decided to make a separate provision on formation of
new state. "The power by which the Parliament becomes invested with Article 2 and it shall
give the power to establish or create new States which conform to the democratic pattern
envisaged by the constitutional power to be exercised by Parliament under Article 4, it shall
be additional, incidental or consequential to the constitutionally envisaged admission,
establishment or formation of a State"

ARTICLE 3:

Article 3 talks about, “Formation of new States and alteration of areas, boundaries or names
of existing States -Parliament may by law-

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;

 e) Alter the name of any State;”3

“Provided that no bill is introduced for the purpose of either House of Parliament, with the
exception of the President's recommendation, and unless the proposal contained in the bill
affects the area, boundaries or name of any of the States, the President has referred the bill to
the Legislature of that State to express his views on it within the period specified in the bill.”4
1
Constitution of India,1950 § 2
2
AIR 1993 SC 1804
3
Constitution of India,1950 § 3.

4
2. Subs. by the Constitution (5th Amendment) Act, 1955, S. 2
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The matter dealt with the altering the boundaries and the checking the boundary limits were
in the case of the legislation under the provision of the constitution given that no Bill to the
reason will be presented in one or the other House of Parliament besides on the suggestion of
the President and except if, where the proposition contained in the Bill influences the
boundary limits of any State or States determined in Part A or Part B of the First Schedule or
the name or names of any such State or States, the perspectives on the Legislature of the State
or, by and large, of every one of the States both regarding the proposition to present the Bill
and concerning the arrangements thereof have been determined by the President. The words
and letters "determined in Part A or Part B of the First Schedule" precluded by the
constitution (seventh Amendment) Act, 1956, S. 29 and Schedule”

The subject matter of this act will have a lot of provisions regarding the matter that the
provision of this article will have a critical difference from the matter of establishing a new
state will have its own code to form an entirely new state , were as this scope of article 3 will
seek to form a new state by the sorts of altering the existing state or territory of the union
and these are the provision that will deal with establishing and forming a new state , and in
the matter that it is important to distinguish the nature of this article from that of the
preceding article. The provisions of Article 2 shall refer to the entry or creation of new States
which are not part of the Union, while Article 3 shall allow for the formation or alteration of
established States, including the territories of the Union. The scope of article 3 will be have
the right to right to maintain harmony and peace in the nation as there will be certain disputes
that will be raised for the formation of a new territory and this was faced in the Berubari
Union5 were the dispute arose while separating and sharing of a territory between the
countries of India and Pakistan, which was condemned as the sharing was based on
agreement and that was not accepted by the people of the territory and the state government
and this caused an internal dispute and the provision of article. 3 and 1(3)(c) was being
questioned regarding the power of the article in the alteration of boundary and power to cede
a territory or a new amendment was to be made under art.368 to sort this issue to form a new
act was the matter and the court said that there is no power to the provision of art.3 in this
issues as the subject matter of the article will be confined to the indian union boundaries and
this is of no power of foreign territory cede issue as the 9 th amendment was made under the
virtue of art.368 to sort out the issue.

EARLY CRITERION FOR THE FORMATION OF NEW STATES IN INDIA:  

5
AIR 1960 SC 845
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The formation of linguistic states started during the time of independence took place in
August 1946, and later the members of the Constituent Assembly were being elected to take
over the governing policy to get relieved from the Britain rule. After its independence in
1947, the unification of India was completed in less than a year and a half. It included the
reduction from 571 to 27 of the state units and the provinces and princely states. This was not
a simple task because various self-contained linguistic and cultural units with their distinct
identities have evolved in India over the centuries. The member of the Congress Working
Committee and president of the Congress in 1948 was mr. Pattabhi Sitaramayya, who has
called the idea of linguistic states to be formed as a criteria for the separation basis and said
that the if any problems arising due to this matter must be taken up as the an important
problem of great attention and is to be resolved by the Constituent Assembly. The Indian
National Congress, during the freedom movement, favoured the provincial division of the
country on a linguistic basis. In 1928, the Conference of the Nehru Committee of All Parties
said that "language usually corresponds to a particular variety of culture, tradition and
literature." All these variables in the language area would contribute to the overall growth of
the province. However, despite achieving independence, the top leaders of the Congress were
not unanimous on the regional division of the nation on a linguistic basis. The Commission of
the Linguistic Provinces, also known as the Commission of the Dhar Provinces, appointed by
the Government on 17 June 1948, on the advice of the Constituent Assembly, found it
'inappropriate' to reshape the Provinces primarily on a linguistic basis. It suggested that the
accepted test for provincial reorganisation should be based on regional continuity and
financial self-sufficiency, operational ease and capacity for future growth in general.
Likewise, in its conclusions against linguistic values, the Jawaharlal-Vallabhbhai-Pattabi
Committee formed by the Indian National Congress in the same year, sounded cautious and
turned its attention to the country's stability, unity and economic growth for the
reorganisation of states. A perceptive analysis of the situation was presented by the JVP
Article, submitted on 1 April 1949, and two of its sentences represent their own difficulties.
For certain time in the absence of unanimous agreement among the  central leadership on
provincial division on linguistic consideration, reorganisation of states was held in abeyance.
However on October 19, 1952, Sriramalu, a prominent leader of the Congress from the then
Madras Province of the Telugu-speaking region, quickly died, requesting a separate state for
Telugu-speaking people. Large-scale violence following his death on December 15, 1952,
forced the government to declare the establishment of the first linguistic state after 56 days of
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fasting, and Andhra Pradesh was officially established on October 1, 1953. This created a
surge of demands for the creation of new states and the government eventually appointed a
State Reorganization Commission in 1954, with Justice Fazl Ali as Chairman and Hriday
Nath Kunzru and K.M.Pannikar as members   (SRC). For the creation of States, the SRC
recommended taking into account the security of the unity and cohesion of the country, the
cultural and linguistic identity of the people, and the financial, economic and administrative
viability.

THE ELEMENTS FOR THE LEGISLATIVE PROVISIONS ON THE FORMATION

OF STATES:

“Legislation under this article. Parliament, so far, has passed the following enactments
relatable to Article 3 of the Constitution:

1. Assam (Alteration of Boundaries) Act, 1951, which altered the boundaries of the State of
Assam consequent on cession of a strip of territory comprised in that State of the Government
of Bhutan.

2. Andhra State Act, 1953, which formed the new State of Andhra Pradesh by separating
some territory from the State of Madras.

3. Himachal Pradesh and Bilaspur (New State) Act, 1954, which merged the two former Part
C States to form one State of Himachal Pradesh.

4. Bihar and West Bengal (Transfer of Territories) Act, 1956 transferred certain territories
from Bihar to West Bengal.

5. States Reorganisation Act, 1956 reorganised the boundaries of the different States. It
established the new State of Kerala and merged the former States of Madhya Bharat, Pepsu,
Saurashtra, Travancore-Cochin, Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh in other
adjoining States.

6. Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 provided for the
alteration of boundaries of the States of Andhra Pradesh and Madras.

7. Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 transferred certain
territories from the State of Rajasthan to that of Madhya Pradesh
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8. Bombay Reorganisation Act, 1960 divided the State of Bombay to establish the two States
of Gujarat and Maharashtra.

9. Acquired Territories (Merger) Act, 1960 merged certain territories into the States of
Assam, Punjab and West Bengal, certain territories acquired

10. State of Nagaland Act, 1962.

11. Punjab Reorganisation Act, 1966.

12. State of Himachal Pradesh Act, 1970.

13. North-Eastern Areas (Reorganisation) Act, 1971.

14. Haryana and U_P. (Alteration of Boundaries) Act, 1979.

15. State of Mizoram Act, 1986.

16. State of Arunachal Pradesh Act, 1986.

17. Goa, Daman and Diu Reorganisation Act, 1987.

18. Bihar Reorganisation Act, 2000.

19. Uttar Pradesh Reorganisation Act, 2000.

20. Madhya Pradesh Reorganisation Act, 2000.

21. Andhra Pradesh Reorganisation Act, 2014.”6

These are the states that separated from the original one or bifurcated based on the linguist
basis were as it is the constitutional objective that the will of the citizens of an area to form a
separate State is the sole requirement for the Centre to begin the process of creation of the
State. As amply demonstrated in the deliberations of the Constituent Assembly and as
reflected in the current phraseology of Article 3 of the Constitution of India, this is the
Constitutional landmark for the development of a new state for a country. The means of
creating another state are as follows: The President must pass a bill on state formation. In
India, the Cabinet group will pursue it, for which the President's consent is a must. the
6
Shukla, V N, and Mahendra P. Singh. V.n. Shukla's Constitution of India. Lucknow: Eastern Book Co, 1990.
Print.
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provision of  Article 3 clarifies that Parliament's legislature is the absolute decider on the
development of an alternative for establishing another new state. The President makes the
provision to give reference of the bill to the State Assembly for its opinion and views and
gives it a clear specified timeline. Parliament is not committed to upholding the State
Assembly's views. The bill will be introduced in Parliament after the expiry of the
predetermined period if the State Assembly does not communicate its evaluation or agree
with the consent within the predetermined timeframe to the view on the idea of the matter.
The sates that are newly created by the new alteration basis like for example, In 1966, due to
the pressure on the establishment of a Punjabi Province, the State of Punjab was reorganised
on a linguistic basis as a result of the J.C commission report.   The Punjabi-speaking areas
were incorporated into the State of Punjab, while the mainly Hindi-speaking areas were
established as the new State of Haryana, and the hill areas were merged with the contiguous
Himachal Pradesh Union Territory; Chandigarh became the common capital of the two States
as a Union Territory. The matter in relation to union territory and its formation will also be
included in article 3 and also this was implied in the case of Kishore sen v. union of India 7
and the article 4 will deal with bounding amendments made with respect to the art.2,3 in case
any amendment in the constitutional schedules of 1 and 4, and the importance to protect the
interest of the state.

THE ESTABLISHMENT OF STATE AND THE INFLUENCING FACTORS OF

LINGUIST AND CULTURAL MANNER:

The initial and unavoidable fallout of these linguistic and linguistic reorganizations It will

definitely be for national dignity to distinguish culturally. Theories on the consequences of
regional and linguistic politics are not missing. In a diverse country like ours where keeping
national dignity intact has always been a demanding test, this topic deserves even more focus.
For centuries, despite its cultural and social diversity, India has been a united nation. The
disintegrative revolutions we have demonstrated in the recent past, however have questioned
the validity of our legal and political theory. The matter of division of states on the language
basis will have the idea the In several parts of the world, a pretty unstable situation had
arisen and the choice to form linguistic states helped to a great extent modify the situation.

The other important factor that will be based upon the separation of states in the language
terms and basis were the reasoning was stated that there was a trouble issues with the concept
7
AIR 1966 SC 644
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as the ideas proposed was facing conflict on the terms of the linguist feel gave rise a feeling
of regionalism on religion as it will hinder the secular state of the preamble in the constitution
making it nullified as it would be incompetent which was to a controversial in the modes of
explaining the reason as in the context exhibit a sense of arbitrariness as the hindered
economic cooperation between the existing state were the social and demographic reason had
a reason in intervening the difference in the social group of people and this sense will have
matter of region or the social identity was the main causation of the establishments of new
states had a clear way in the cause of discussing the disturbance in the national integrity was
either disturbed or being questioned as there is more distinctive reasons in the bifurcation of
states and required reason given by the parliament , will not always be stratified as to seek
that there is only a matter of public welfare but also the unknown hidden matter of political
welfare of the political nature of the state and the matter of political agenda was an important
undefined reason in the state acts as it was matter of mere idea of existence developed an
antagonistic attitude towards neighbouring states as few disputes will occur in the ambit of
altering boundaries and the cases of the state bifurcation of Telengana from Andhra Pradesh
in 2014 , were for the establishment of Telengana was a requirement that was taken back   
long time. In 1947, under the Nizam, Telengana was none other than the princely state of
Hyderabad and as well all Telugu based districts of Madras were divided in 1953 to form a
new Andhra state, the first linguistically developed Indian state. Andhra was later combined
with Hyderabad's Telugu speaking zone to form, as it is now, Andhra Pradesh. The demand
for a separate Telengana state has evolved from that very moment, showing, perhaps, that a
shared language does not need to be the only identity criterion. The State Reorganization
Commission, in reality, had advised against the combination between Andhra and Telengana.
This opinion however was not approved by the Centre. The area of Telengana continues to be
backward, isolated and underdeveloped even now. People believe that if they got statehood,
these issues will be addressed stronger. On a larger level, the locus of influence has shifted
from a core that was once powerful to one that is obligated to share power with states on the
political stage. It is no longer a matter of fulfilling any of the states' arguments, but one of
embracing their demands. Coalition politics has values of its own. The need for new states, to
some degree, reflects this change in the locus of influence. The more ways of the points in
forming the state will be adhering with the country will also be inspired to meet The
intimidating dissolution task of the states and some of the broad principles which can be
considered are listed below on the basis of religion, culture or language, no new state should
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be created: This will put a check on the intensifying regional and linguistic political
organisation of the components of the Indian Union, totally rejected on the basis of state
linguistic composition. Politics, however, prevailed over wisdom and states were formed on
linguistic and cultural grounds and are still being developed. Under Article 3, no new state
should be established on the sole basis that the majority of the inhabitants of the proposed
new state speak a particular religion or adopt a specific culture to profess a particular religion.

CONCLUSION:

The establishment of the new states is the area of creating a new state or altering an existing
one to create a new one and the constitutional law will provide the provide the provisions in it
to lay down the rules for the formation of new state and the major factor of the need for the
new state will be the main area of the assertion that it will be based on the linguist, cultural ,
and political intervention factor, to seek that the national integrity will not be disturbed, but
the main agenda of the welfare reason of the economic development happened in most states
and social welfare of the state will lie within the state and the union cannot interfere , but the
political benefit of the issue has no certain area of study and the provisions in the constitution
will be only have the discussion in the parliament and the consent of the citizens consent will
not be in a direct in a direct manner as few people who will have to shift in this process
which can either be convenient or not but the new state having all the things of economic and
development from which it is formed that the matter of the welfare of the resources of the
state will be ambiguous and SRC will have a deep study in it as it discussed by experts in the
first instance , I would like to assert that A new body should be established that looks at state
reorganisation. The creation of new States should be left to the competent commission or
some other body or authority which may be formed either ad hoc for a particular purpose or
in general terms, as a kind of quasi-judicial legislative constitutional authority which may
decide on the matter. The newly created State has witnessed that it lacks the requisite
financial resources to carry out its functions and it should have a good law to secure its
people and should maintain a friendly relationship with the union and other states.

BIBLIOGRAPHY
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BOOKS:

Shukla, V N, and Mahendra P. Singh. V.n. Shukla's Constitution of India. Lucknow:

Eastern Book Co, 1990. Print.

Secondary Sources:

 Siddhartha Sharma, “Creation of New States: Need for Constitutional Parameters.”

Economic and Political Weekly, vol. 38, no. 38, 2003, pp. 3973–3975. JSTOR,
www.jstor.org/stable/4414041.
 Suvir Raghuvansh, “Creation of new states in India”, Bharati Law Review, July –
Sept., 2016, www.manupatra.com

Web Sources:

 Manmeet singh, creation of new states

http://www.legalservicesindia.com/article/1858/Creation-of-New-States.html