Article 2: Admission or establishment of new States:
(1) Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
(2) The provisions of this Part shall apply in relation to all new States as they apply in relation to the States for the time being specified in the First Schedule.
(3) Any law referred to in clause (1) shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law, and may also contain such supplemental, incidental, and consequential provisions as Parliament may deem necessary.
Article 2 empowers the Indian Parliament to make laws regarding the admission of new states into the Union or the establishment of new states. The terms and conditions under which new states are admitted are determined by Parliament. Additionally, this article specifies that the provisions of the Constitution, including those related to the states specified in the First Schedule, apply to the new states.
It’s important to note that Article 2 primarily deals with the creation of new states within the existing Indian Union and not the reorganization of the existing states, which is governed by Article 3 of the Constitution.
Key points of article 2 of Indian constitution
The key points of Article 2 of the Indian Constitution are as follows:
- Parliamentary Authority: Article 2 empowers the Indian Parliament to make laws for the admission of new states into the Union or the establishment of new states within India.
- Terms and Conditions: The terms and conditions under which new states are admitted into the Indian Union or established are determined by Parliament. This grants a degree of flexibility in the process.
- Applicability of Constitutional Provisions: Article 2 stipulates that the provisions of the Indian Constitution, including those related to the states mentioned in the First Schedule, apply to the new states in a manner similar to existing states.
- Amendment of Schedules: Any law passed under Article 2 may include provisions for the amendment of the First Schedule and the Fourth Schedule of the Constitution to accommodate the newly admitted or established states.
- Parliament’s Discretion: The article provides Parliament with discretionary powers to make necessary supplemental, incidental, and consequential provisions as deemed necessary when admitting or establishing new states.
Article 2 is an essential constitutional provision that allows for the admission or establishment of new states within the Indian Union while providing the legal framework for the process and ensuring that constitutional provisions are applied uniformly to all states.
FAQs about article 2 of Indian constitution
Frequently asked questions (FAQs) about Article 2 of the Indian Constitution:
1. What is the purpose of Article 2 of the Indian Constitution?
- Article 2 deals with the admission or establishment of new states within the Indian Union. It provides a framework for the process of creating new states or incorporating new territories into existing Indian states.
2. Who has the authority to admit or establish new states under Article 2?
- The authority to admit new states or establish new states is vested in the Indian Parliament. Parliament has the power to make laws regarding this process.
3. What terms and conditions apply to the admission of new states?
- The terms and conditions under which new states are admitted are determined by Parliament. These terms can vary, depending on the specific circumstances and the preferences of Parliament.
4. Can Article 2 be used to create entirely new states from scratch?
- Yes, Article 2 allows for the establishment of entirely new states, but this must be done through a law passed by Parliament.
5. How does Article 2 affect the application of the Indian Constitution to new states?
- Article 2 specifies that the provisions of the Indian Constitution, including those related to the states mentioned in the First Schedule, apply to new states in a manner similar to existing states. This ensures uniformity in the application of constitutional provisions.
6. Can Parliament make changes to the existing states using Article 2?
- No, Article 2 primarily deals with the admission or establishment of new states within the Indian Union. Changes to the existing states or the reorganization of states are governed by Article 3 of the Constitution.
7. Are there any limitations or restrictions on the admission or establishment of new states under Article 2?
- While there are no specific restrictions mentioned in Article 2, the process of admitting or establishing new states must be in accordance with the provisions of the Constitution and the relevant laws passed by Parliament.
8. How does Article 2 relate to the reorganization of states in India?
- Article 2 primarily deals with the creation of new states. The reorganization of existing states is governed by Article 3, which provides a separate process for altering state boundaries or merging states.
9. Are there any notable instances of new states being created using Article 2?
- One notable instance is the establishment of the state of Telangana, which was carved out of the state of Andhra Pradesh in 2014 through a law passed by Parliament.
10. Can the people of a region request the creation of a new state under Article 2? – While popular demand or requests can influence the consideration of new statehood, the actual process of creating a new state requires the involvement of Parliament and the legal framework established by the Constitution. Article 1 of Indian constitution
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