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

Debate Summary

Constituent Assembly Debate Stage:

Article 2 of the Constitution of India was discussed on 5th November, 1948 and 17th November, 1948.

On 5th November, 1948, Naziruuddin Ahmad extensively spoke on the necessity of clarity on the use of the word ‘State’ under the Indian Constitution. He argued that the use of the word ‘state’ to connote different things under various provisions of the Constitution is highly detrimental to the uniformity and consistency within the document. He alternatively suggested that the expressions provinces, Indian States and Chief Commissioner’s Provinces should be retained and used in the Constitution till all these distinctions are eradicated and a uniform model of federal entities are created. Thus, he implied that the three categories of entities, i.e. provinces, Indian States and Chief Commissioner’s Provinces should be incorporated into independent India on their unique terms and conditions, as permitted by Article 2.

On the contrary, Kazi Syed Nizamuddin strongly objected to the retention of the above-mentioned entities. He argued that all these entities should be abolished and ‘state’ under Article 2 should mean federal entities governed solely by the Constitution of India.

On 17th November, 1948, Naziruddin Ahmed proposed to move an amendment whereby he wanted to substitute Article 2 and Article 3 with a new article. He argued that there are various overlaps between Article 2 and Article 3 and because of that Article 3 appears to be repetitive. Explaining his stance, he pointed out that admission of new states into the Union, mentioned in Article 2 is already covered under the first part of Article 3. In addition to this, he also pointed out that the elements of increasing and diminishing the area of states or altering their boundaries, enumerated in Article 3 are redundant since they are already implied in Article 2 and the first part of Article 3.

HV Kamath suggested that the words ‘of the Union’ should be added after the word ‘parliament’  in Article 2 in order to bring in precision as the word parliament was being used for the first time in the Constitution in Article 2.

Decision of the Assembly:

The amendments proposed by Naziridduin Ahamd were put to vote and were negatived. The suggestion of HV Kamath was taken note of. The Constituent Assembly adopted Article 2 on 17th November, 1948.

 

(Debanga Goswami, Student Contributor, from NUJS worked on this post.)