Formation of New States

The creation of a new state from the territory of an existing state is a form of internal territorial reorganisation undertaken by Parliament. It is governed principally by Article 3 of the Constitution, which gives Parliament substantial authority while requiring consultation with the affected state legislature.

Constitutional basis

Under Article 3, Parliament may form a new state by separating territory from a state, uniting states or parts of states, or joining territory to part of a state. It may also increase or diminish a state's area and alter its boundaries or name.

• Article 2 separately empowers Parliament to admit into the Union, or establish, new states.
• The power to reorganise states belongs to Parliament; an affected state legislature cannot itself create a new state.

Legislative procedure

A reorganisation Bill may be introduced in either House of Parliament only on the President's recommendation. If the proposal affects the area, boundaries or name of a state, the President must first refer it to that state's legislature for expressing its views within a specified or extended period.

• The state legislature's views are advisory, so its consent is not constitutionally necessary.
• After the consultation period, Parliament may pass the Bill through the ordinary legislative process, using a simple majority.
• The Bill becomes law after receiving the President's assent.

Consequential constitutional changes

Under Article 4, a law made under Articles 2 or 3 may amend the First Schedule and Fourth Schedule and include supplemental, incidental and consequential provisions, including matters of representation.

• Such a law is not treated as a constitutional amendment under Article 368; therefore, neither a special majority nor state ratification is required.