A Succinct Note on Formation of New States in India

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Introduction :

The Constitution of India is the supreme law of our country and hence every law enacted by the government of India must conform to it. We know that it came into effect on 26th January, 1950. Our Constitution avows the ''Union of India'' to be a sovereign, democratic republic, assuring its citizens of justice, equality, and liberty and to promote among them all fraternity. In 1976, by constitutional amendments, the words 'socialist', 'secular' and 'integrity' and 'Fraternity' were added. Our Constitution is the longest written constitution of any sovereign country in the entire world. It contains 395 (three hundred and ninety five) articles in 22 (twenty two) parts, 12 (twelve) schedules and 94 (ninety four) amendments. There are totally 117,369 words in our constitution. It was written in English. That too, it was also translated into Hindi language officially. Amendments to the constitution can be made by Parliament, yet the Hon'ble Supreme Court of India held ( though it is rather controversial) that not every constitutional amendment is permissible. An amendment should respect the 'basic structure' of the constitution, which is immutable. The procedure is laid out in Article 368.1

One of special features of the Union of India is that the union is indestructible but the power conferred on Parliament includes the power to form a new state or union territory by uniting a part of any State or Union territory to other State or Union territory. The identity of States can be altered or even expunged by the Parliament. The Constituent Assembly declined a motion in concluding stages to designate India as '' Federation of States''.

Article 1 elucidates India a ''Union of States''. These states are specified in the First Schedule of the constitution. First Schedule lists the States and Territories of India and also lists if any changes to borders of them. Articles 2, 3 and 4 enable parliament by law admit a new state, increase, decrease the area of

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