Constitution of India

PART I

The Union and Its Territory

Article 2 - Admission or establishment of new States.

Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

Article 2A - Sikkim to be associated with the Union.

Omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

Explanation/Comment -

Article 2 addresses the states that are not a part of the Union of India and gives the Parliament the authority to establish new states or admit new states into the Union of India on the terms and conditions it deems suitable. The Parliament is given two powers as a result. In the first, states that already exist are admitted, whereas in the second, states that do not yet exist are established.

Attention should be paid to the fact that Article 2 neither authorizes nor grants the parliament any power to change (i.e., formation of, any alteration etc.) the existing states of the Union of India.

(2A) Regarding Sikkim - The Resolution (unanimously adopted on 10th April, 1975, which, inter alia, noted the persistent harmful activities of the Chogyal which were aimed at undermining the responsible democratic Government set up under the provisions of the May 8 Agreement of 1973 and the Government of Sikkim Act, 1974) declared, that the Assembly had satisfied itself that these activities of the Chogyal not only violated the objectives of the Agreement of May 8, 1973, but also ran counter to the wishes of the people of Sikkim and impeded their democratic development and participation in the political and economic life of India. Accordingly the Assembly solemnly declared and resolved that "The institution of the Chogyal is hereby abolished and Sikkim shall henceforth be a constituent unit of India, enjoying a democratic and fully responsible Government".

The Assembly also resolved that this Resolution be submitted to the people of Sikkim forthwith for their approval. A special opinion poll conducted by the Government of Sikkim on the 14th April, 1975 resulted in favour. The result of this poll was communicated to the Government of India 15th April, 1975 and The Chief Minister and other Ministers of Sikkim also visited New Delhi on the 16th-17th April, 1975 and urged the Government of India to take immediate action in this behalf.

Accordingly, it is proposed to include Sikkim as a full-fledged State in the First Schedule to the Constitution and to allot to Sikkim one seat in the Council of States and one seat in the House of the People. It is also proposed to insert a new article containing the provisions considered necessary to meet the special circumstances and needs of Sikkim.

Accordingly - The Constitution (Thirty-eighth Amendment) Bill, 1975 which was enacted as the Constitution (Thirty-sixth Amendment) Act, 1975 -

2. Amendment of First Schedule.-In the First Schedule to the Constitution, under the heading "I. THE STATES", after entry 21, the following entry shall be inserted namely:-"22. Sikkim The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.".

Note: Entries are renumbered, subjected to State Reorganisation Act.