Article 2 of the Costitution of India with Case law
Article 2 of the Constitution of India deals with the admission or establishment of new states into the Union of India.
📜 Article 2 – Text:
"Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit."
🔍 Explanation:
Scope: This Article empowers Parliament to:
Admit a state which is already in existence (like an independent country).
Establish a new state which may not be in existence but is created by reorganization or by any other means.
Example of 'admit': Sikkim in 1975 (formerly a protectorate, later admitted as the 22nd state).
Example of 'establish': Formation of states like Telangana (2014), which were created by bifurcating existing states (though primarily under Article 3).
"Terms and conditions": Parliament has the power to decide any legal, constitutional, administrative, or territorial terms for such admission or establishment.
⚖️ Important Case Laws Related to Article 2:
1. Mangal Singh v. Union of India (AIR 1967 SC 944)
Issue: Validity of the Punjab Reorganisation Act, 1966.
Held: Parliament has wide powers under Article 2 and 3; the formation or restructuring of states is a political question and not subject to judicial review, unless fundamental rights are violated.
2. Babulal Parate v. State of Bombay (AIR 1960 SC 51)
Issue: Challenging the formation of Maharashtra and Gujarat.
Held: The process of formation or reorganization of states is not open to challenge, as Parliament has exclusive power under Articles 2 and 3.
3. Union of India v. Surjeet Singh (AIR 1979 Del 232)
Context: Sikkim's merger with India.
Held: The admission of Sikkim into the Indian Union was valid under Article 2, and the conditions laid down under the 36th Constitutional Amendment were lawful.
📝 Key Points to Remember:
Article 2 is distinct from Article 3, which deals with the formation of new states by altering existing states.
Article 2 is used mainly for external expansion, while Article 3 is used for internal reorganization.
The Parliament’s power under Article 2 is plenary (complete) and not subject to judicial challenge, unless it violates constitutional limits like fundamental rights.
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