Article 2 of Indian Constitution: Admission or establishment of New States- Notes for UPSC

Original Text of Article 2 of Indian Constitution:

Article 2 of Indian Constitution Parliament may by law admit into the Union or establish new States on such terms and conditions as it thinks fit.

Article 2A of the constitution *Omitted*

Sikkim to be associated with the Union.

Article 2 of Indian Constitution Explanation:

Article 2 of Indian Constitution empowers the Parliament to admit and establish new states into the Union of India. Establishing a new state refers to states that were not in existence before.

The Following are the Territories that were acquired under Article 2 of the constitution of India:

Name of the Territories	Description
Dadra and Nagar Haveli	The Portuguese-ruled state was liberated in 1954 and was administered by a local body till 1961 when it was constituted as a union territory by the 10th Constitutional Amendment Act.
Goa, Daman and Diu	These territories were also acquired from Portugal through police action in 1961. It was made a union territory in 1962 through the 12th Constitutional Amendment Act. In 1987, Goa acquired statehood, and Daman and Diu were made into separate Union territories. In 2019, the union territories of Dadra and Nagar Haveli and Daman and Diu were merged to create a new union territory, Dadra and Nagar Haveli and Daman and Diu.
Puducherry	In 1954, the French handed over their establishments, namely, Puducherry, Yanam, Karaikal and Mahe, to India. These territories were administered as an acquired territory till 1962 when they were constituted into a union territory through the 14th Constitutional Amendment Act.

Curious case of Sikkim:

Article 2 only empowers the Parliament to admit and establish new states into the Union, and there was no provision for the “Associate State”. However, in 1974, a need arose to admit Sikkim into India through a new route. India had accepted the proposal made in the Government of Sikkim Act, 1974, passed by the Sikkim Assembly, expressing the desire to be integrated with India. Hence, Article 2A was inserted in the constitution by the 35^th constitutional amendment act to add Sikkim as an “Associate State”.

History of Sikkim Integration

Sikkim was a princely state in British India, ruled by Chogyal (a hereditary Monarch).

After independence, a certain section of the Sikkim population demanded the merger of Sikkim with India. Eventually, a treaty was signed between Sikkim and the government of India, by which the government of India undertook the responsibility of defence, external affairs, and communication with Sikkim. Thus, Sikkim became a protectorate of the Union of India under the Indo-Sikkim Treaty.

A historic agreement was signed on 8^th May 1973 between the Chogyal, the leaders of the political parties representing the Sikkim people, and the government of India. For the progressive realization of a fully responsible government in Sikkim and to strengthen its relationship with India, the Sikkim assembly unanimously passed the Government of Sikkim Bill, 1974.

The term of the treaty (Indo-Sikkim treaty) also included increased popular participation in the government, and from 1952 to 1974, five general elections were conducted based on universal suffrage, leading to the formation of the Sikkim Congress. The party advocated for greater political liberties, leading to tensions with the Chogyal (monarch). As the situation escalated, India was asked to intervene, and a constitution was prepared for Sikkim. A referendum was held in 1975, wherein an overwhelming majority voted for Sikkim’s merger with India.

The 36^th Amendment Act of 1975, which came after the referendum, brought about another modification to the Indian constitution. This amendment led to the removal of Article 2A and the tenth Schedule and the inclusion of Sikkim in the constitution’s first Schedule as a state. Consequently, Sikkim was recognized as the 22^nd state of India.

List of Amendments in Article 2 of Indian Constitution:

List of amendments	Description
35th constitutional Amendment act, 1974.	The main provision of the act was that Sikkim would not be a part of the territory of India but was granted “associate state status” rather than fledge state and ending its protectorate status. With this, the Sikkim would have their representative in the Indian Parliament without being a part of the Indian territory. It was brought within the framework of the Indian Constitution by adding Article 2A and the 10th Schedule to the Constitution of India. In the original constitution, there was no room for any “Associate states.” Sikkim has been admitted into the Union of India as a state. It was done by amending the First Schedule (Sikkim became the 22nd state) and the Fourth Schedule, Article 80-81, and omitting Article 2A and the 10th Schedule of the Constitution.
36th Constitutional Amendment Act, 1975.	Article 371F was inserted to provide some special provisions relating to the administration of Sikkim. The act abolished the office of Chogyal, who was the hereditary ruler of Sikkim, and he was replaced by the governor appointed by the president of India. It provides the establishment of a legislative assembly in Sikkim. It proposes to allot one seat each in the Council of States and the House of the People, respectively.

For Further reference:

• Read the Constitution of India
• Read the Union and its Territory.

Other Related Links:

Indian Constitution: All Articles and schedules	Article 1 of Indian Constitution
Article 3 of Indian Constitution	Article 4 of Indian Constitution
Article 5 of indian Constitution	Article 6 of Indian Constitution
Article 7 of Indian Constitution	Article 8 of Indian Constitution
Article 9 of Indian Constitution	Article 10 of Indian Constitution
Article 11 of Indian Constitution	Citizenship