"Article 4 of Indian Constitution: Understanding State Reorganization and Parliament's Role"

Article 4 of the Indian Constitution deals with the legislative power of the Parliament with respect to creating new states and altering the boundaries of existing states. The article gives Parliament the authority to make laws for the formation of new states, alteration of areas, boundaries or names of existing states, and the admission or establishment of new states. In this blog, we will discuss the Article 4 of the Indian Constitution in detail, covering its important features, examples, and instances of usage.

Important Features of Article 4:

• The Parliament has the power to create new states, alter the boundaries or names of existing states, and admit or establish new states.

• Any such action requires the passage of a law by the Parliament.

• The Parliament may make provisions for the governance of a new state until a government is established.

• The article also empowers the Parliament to form a new state by separating territory from any state or by uniting two or more states or parts of states.

• The creation of a new state or the alteration of boundaries requires the consent of the concerned states and their legislative assemblies.

Examples of Article 4 Usage:

• The formation of Telangana as a separate state from Andhra Pradesh in 2014 required the passage of a law by the Parliament under Article 4.

• The reorganization of states in 1956, which led to the creation of states such as Maharashtra, Gujarat, and Punjab, was also done under the authority of Article 4.

• The state of Jharkhand was created by separating territory from Bihar in 2000 under the authority of Article 4.

Instances of Usage:

• In 2019, the Parliament passed the Jammu and Kashmir Reorganization Act, which altered the status of the state of Jammu and Kashmir and created the new union territories of Jammu and Kashmir, and Ladakh under Article 4.

• The Parliament also passed the State Reorganization Act in 1956, which reorganized the boundaries and names of several states in India, including the creation of the states of Maharashtra and Gujarat.

Additional information:

Article 4 of the Indian Constitution was amended by the Constitution (Amendment) Act, 1955. This amendment empowered the Parliament to make laws with respect to the admission or establishment of new states or altering the boundaries, names or territories of existing states in India.

This article has played a significant role in the formation and reorganization of various states in India, such as the creation of Telangana from Andhra Pradesh in 2014 and the formation of the Union Territory of Ladakh from the state of Jammu and Kashmir in 2019.

Furthermore, the article has also been used to incorporate territories into India. For example, in 1987, the Parliament passed the 56th Amendment to the Constitution, which incorporated the Union Territory of Goa, Daman and Diu as a state into the Indian Union.

It is important to note that any such alterations or reorganizations require a Constitutional amendment and cannot be done solely through executive or administrative orders. This ensures that the process of creating or altering states is done in a democratic and constitutional manner.

Parlimentary debate:

There is no record of any specific parliamentary debate regarding the enactment of Article 4 of the Indian Constitution. However, the formation and reorganization of states in India have been a subject of considerable discussion and debate in the Parliament since the inception of the Constitution.

One of the earliest debates on this issue took place in 1956 when the Parliament passed the States Reorganisation Act, which resulted in the creation of 14 states and 6 Union Territories in India. During the debates, the members of Parliament raised concerns about the potential impact of the reorganization on the unity and integrity of the country, as well as the economic and administrative implications of the changes.

In subsequent years, the Parliament has continued to discuss and debate the formation and reorganization of states, including the creation of new states such as Chhattisgarh, Jharkhand, and Telangana. The debates have focused on a range of issues, including the cultural and linguistic identity of the regions, administrative and financial viability, and the views of the local population.

Overall, the debates in the Parliament reflect the complex and sensitive nature of state formation and reorganization in India, and the need for careful consideration of various factors before making any changes to the existing territorial boundaries.

Conclusion:

Article 4 of the Indian Constitution empowers the Parliament to create new states, alter boundaries, and establish new territories. The passage of a law by the Parliament is necessary for any such action. The article also requires the consent of the concerned states and their legislative assemblies. The examples and instances of usage show the importance of Article 4 in shaping the political geography of India.