The Constitution of India
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.
Why this exists
India's founders wanted flexibility to expand the country's borders peacefully if territories outside India wished to join, without needing a fresh constitutional amendment each time. Article 2 gives Parliament this power directly, reflecting the historical reality of princely states, protectorates, and neighboring regions that might later choose to merge with India.
How courts read it
Courts have distinguished Article 2 (admission or establishment of genuinely new territory into the Union) from Article 3 (reorganizing States already within India). The Supreme Court's opinion in the Berubari Union case (1960) discussed this distinction while examining boundary and territory questions. The most cited real-world use of Article 2 is Sikkim's admission as a State in 1975 through the Constitution (Thirty-Sixth Amendment) Act, which was enabled by this Article.
Common misconceptions
- Myth: Article 2 is used whenever India creates a new State by splitting an existing one, like Telangana from Andhra Pradesh.
Fact: That kind of reorganization of existing Indian territory is done under Article 3, not Article 2. Article 2 is specifically for admitting or establishing States from territory that was not already part of India.