Formation of New States

The formation of new States is an exercise of internal territorial reorganisation by Parliament. It is governed principally by Article 3, which covers the creation of a State from an existing State or Union Territory, as well as changes to areas, boundaries and names.

Constitutional basis

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

• For the operative clauses of Article 3, the term State includes a Union Territory; Parliament can therefore form a State from an existing Union Territory.
• Article 2 separately empowers Parliament to admit into the Union, or establish, new States.
• The reorganisation power belongs to Parliament; a State or Union Territory 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. Parliament passes it through the ordinary legislative process by a simple majority, after which it requires the President's assent.

• If the proposal affects the area, boundaries or name of a State, the President must refer it to that State's legislature for expressing its views within a specified or extended period.
• The State legislature's views are advisory; its consent is not constitutionally necessary.
• For this consultation proviso, the term State does not include a Union Territory. Thus, converting an existing Union Territory into a State does not constitutionally require referral to its legislature, unless the proposal also affects a State.

Consequential constitutional changes

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

• Such a law is not deemed a constitutional amendment under Article 368; it requires neither a special majority nor ratification by States.