Legal Implications of creation of New States in India

A Study

Abstract

Indestructibility distinguishes the Union of India. However, Parliament can create a new state or union territory by merging a section of an existing one. Parliament can change or eliminate state identities. The Constituent Assembly rejected a final proposal to designate India the “Federation of States”. Article 1 of the Indian Constitution calls India a “Union of States”. The First Schedule of the Constitution lists states. The First Schedule lists all Indian States and Territories and any border changes. Articles 2, 3, and 4 allow parliament to admit new states and change the boundaries of existing states.

Dr. Bhimrao Ramji Ambedkar, head of the Constitution Drafting Committee and Chief Architect of the Constitution of India, explained “Federation of States” as follows:

“No state may leave India’s federation because it wasn’t voluntarily. Its indestructibility makes the federation a Union. For efficient government, the country and its people may be geographically separated into multiple states, but they remain a single population under a single authority.”

This paper brings out the differences between “Union of States” and “Federation of States” and the importance of selecting the term “Union” rather than “Federation” in the Indian Constitution. The paper explores the objectives of creating new states. This paper highlights the complexities which are emerged in the process of creation of new states. The paper suggests few measures for robust legal frameworks for new state creation in India.