It has been encrypted in the Indian constitution that India is a union of states. In accordance with the present scenario, India comprises 29 states along with 7 union territories. As per the Indian constitution, Articles 1 to 4 has encrypted the regulation regarding the attributes that help the state to deal with India’s territories and the union. In a similar manner, Article 2 of the Indian constitution deals with the regulatory aspects, which provide power to the Parliament of India to make decisions over the establishment or admission of new states. 

Concept of Article 2

In accordance with the Indian constitution and the regulations that have been implemented in this, it can be proposed that Article 2 of the Indian constitution deals with the legislative aspects regarding the admission and establishment of new states. As it has been encrypted in the Indian constitution that India has been considered as a union of states, there lies the requirement of this Article 2. The proper reason for this statement is that if a state does not have the power to establish a state along with the power of changing the regulatory aspects of that new territory, the Parliament of India will be less powerful to the state government of the union territories. 

Explanation of article 2 of the Constitution of India

  • Article 2 of the Indian constitution has conferred the power on the parliament of India for admitting and establishing a new state 
  • On the other hand, in this Article 2, The terms and conditions which have been used to the establishment of the new states
  • The regulations based on which the state can admit the new state into the union has been encrypted in this specific Article number of the Indian constitution
  • In a nutshell, the Article concerns the admission or the inception of the new state which have not been considered as a part of India

Parliament’s power under Article 2

  •  Based on the Indian constitutional statement, the Indian government has the power of practising the establishment of the new state in such conditions and terms that the government thinks fit for the new state 
  • On the other hand, it needs to be stated that this particular Article of the Indian constitution does not cover the inception or admission of a union territory 
  • For admission of a Union territory, the Parliament needs to go through a constitutional amendment under Article 368

Constituent assembly debate on Article 2

As per the record, the draft of Article 2 was debated first on 5th November 1948. The next debate took place on 17th November of the same year. This particular article has been offered the power of admission or establishment of new states to the Union. In the argument, it has been stated that, in the draft of Article 2, the word states has been used in myriad forms and in an indiscriminate manner.  As it has been believed that the state must be defined to connote sovereignty, it has been argued that the phrase must be changed into the Provinces. It also has been included in the argument that the Draft of Articles 2 and 3 have been seen to be overlapped one another. 

The proposed change in Article 2

While the debate has been going on the drafts of the Article 2, a member of Parliament has debated that the concept that has been stated in both the Articles, have been seen to overlap each other. In the backdrop of this particular phenomenon, Article 2 of the Indian constitution may stand a chance to appear as the substitute part of the draft that has been offered in Article 3. Therefore, the subsidiary regulations need to be changed whether of Article 2 or Article 3. Another member has suggested changing the term “Parliament” with the term “Parliament of Union” as India has been stated as a Union of state in the Constitution. 

Admission and establishment of new states according to Article 2

  • In order to form a new state by separating the territory from any existing state, the Indian Parliament has the power of diminishing the area of any state
  • Parliament can practice the ultimate power of altering the boundaries of any state. 
  • Parliament can increase the area of a state or alter the name of any state

Conclusion

The present study has focused on the description of Article 2 of the constitution of India, this article stated that the Parliament of India has the power of admission or establishing a new state based on some particular requirement and circumstances. This study has shed light on the explanation of Article 2 along with mentioning the law and debate that has happened on submission of the draft of Article 2. On the other hand, the discussion section of this study has included the discussion regarding the proposed change in article 2 and the power of parliament as well.