Creation of New State

PART I – THE UNION AND ITS TERRITORY

1. Article 1(1) → India, that is Bharat, shall be a Union of States.
2. Article 1(2) → The States and the territories → First Schedule
3. Article 1(3) → Parliament’s power to reorganise states.
4. The territory of India shall comprise—
   1. the territories of the States;
   2. the Union territories specified in the First Schedule; and
   3. such other territories as may be acquired.
5. Article 2 – Admission or establishment of new States. (i) To admit new states into the Union. — states which are already in existence and are dully formed. (ii) The power to establish new states. — admission and formation of a state which was not in existence before.
6. Article 3 – Formation of new States and alteration of areas, boundaries or names of existing States.
   1. form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
   2. increase the area of any State;
   3. diminish the area of any State;
   4. alter the boundaries of any State;
   5. alter the name of any State:
7. The word ‘state’ under Article 3 clauses (a) to (e) includes a ‘Union Territory’.
8. The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.
9. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
10. Cession of Indian Territory to foreign country.
    1. Article 3(c) —> Parliament may by law increase or diminish the area of any state.
    2. In Supreme Court in-In re by president of India →
       1. Article 3(c) → does not cover ceding of Indian territory to a foreign state.
       2. However it could be only be implemented by an amendment of the constitution in accordance with Art. 368.
       3. Berubari agreement – Pakistan and India.