Reorganization of States in India

Reorganization of States in India

State Reorganization and Creation of New States

Introduction

• A Bill seeking to create a new State or alter boundaries of existing States can be introduced in either House of Parliament, only on the recommendation of the President.

Role of the President and State Legislature

The President refers the State Reorganization Bill to the State Legislature concerned for its opinion, fixing a time limit. Parliament is not bound to accept or act upon the views of the State Legislature on a State Reorganization Bill.

• The State Reorganization Bill requires a simple majority in both Houses of Parliament.

• It is not necessary to obtain the views of the legislatures of Union territories before a bill affecting their boundaries or names is introduced.

Establishment of New States

Key State Reorganization Acts

States Reorganization Act, 1956

• The States Reorganization Act, 1956, reorganised the boundaries of different States to establish a new State of Kerala and merge the former States of Madhya Bharat, Pepsu, Saurashtra, Travancore, Cochin, Ajmer, Bhopal, Coorg, Kutc,h and Vindhya Pradesh in other adjoining States and thus 14 states and 6 Union Territories were established in India.

Bombay Reorganization Act, 1960

• The Bombay Reorganization Act, 1960, divided the State of Bombay to establish two States: Gujarat and Maharashtra.

Other State Formations

• 1962 – Nagaland was created as a separate State

• 1966 – Punjab was divided into Punjab and Haryana

• 1970 – Union Territory of Himachal Pradesh became a State

• 1971 – States of Manipur, Tripura, Meghalaya, and Union Territories of Mizoram and Arunachal Pradesh were established

  • Later, Mizoram and Arunachal Pradesh achieved statehood in 1986

• 1975 – Sikkim was made part of India by the 36th Amendment of the Constitution

• 1987 – Goa became a separate State of the Union

• 2000 – Chhattisgarh came into existence on 1st November, 2000; Uttaranchal (now Uttarakhand) came into existence on 8th November, 2000; Jharkhand established on 15th November, 2000 as 28th State

• 2014 – Telangana created from Andhra Pradesh on 2nd June, 2014 as the 29th State via 15th Lok Sabha

Constitution (Application to Jammu & Kashmir) Order, 2019

Introduction

In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu & Kashmir, is pleased to make the following Order—

1. This order may be called the Constitution (Application to Jammu & Kashmir) Order, 2019.

2. It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954, as amended from time to time.

Provisions of the Order

• All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu & Kashmir.

• Exceptions and modifications subject to which they shall so apply shall be as follows: —To article 367, there shall be added the following clause, namely—

"(4) For the purposes of this Constitution as it applies in relation to the State of Jammu & Kashmir—
 

• References to this constitution or to the provisions thereof shall be construed as references to the constitution or the provisions thereof as applied in relation to the said State.

• References to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu & Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu & Kashmir.

• References to the Government of the said State be construed as including references to the Governor of Jammu & Kashmir acting on the advice of his Council of Ministers; and

• In proviso to clause (3) of article 370 of this Constitution, the expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State".

SC Verdict on Abrogation of Article 370

• The Supreme Court gave its verdict on December 11, 20,23, on the Union government's 2019 move to amend Article 370.

• The court held the Constitutional order that revoked Article 370 as valid.

• The verdict was delivered by a five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud (50th CJI), which had reserved its verdict on 23 petitions after 16 days of hearings. The bench also comprised Justices SK Kaul, Sanjeev Khanna, B R Gavia, and Surya Kant.

• CJI DY Chandrachud said that Jammu & Kashmir held no internal sovereignty after accession to India. He stated there was no prima facie case that the President's 2019 orders were mala fide (in bad faith) or an extraneous exercise of power.

• Justice Kaul recommended in his concurring opinion that a Truth and Reconciliation Commission should be set up in J&K to acknowledge the acts of alleged rights violations.

Final Thoughts

The reorganization of States highlights the flexibility and strength of the Indian Constitution in managing territorial and administrative changes. Parliament has the authority to admit new States, merge Union Territories, and alter boundaries, ensuring efficient governance. Establishments like Telangana, Jharkhand, Uttarakhand, and Chhattisgarh reflect the dynamic nature of India’s federal system.

The States Reorganization Act, 1956 and subsequent amendments demonstrate India’s commitment to balanced regional administration. The 2019 Constitution Order for Jammu & Kashmir and the Supreme Court verdict on Article 370 reinforce the rule of law and national integrity.

Overall, the reorganization of States ensures that India remains a unified and indestructible Union while adapting to changing political and administrative needs.