ARTICLE 2 OF THE INDIAN CONSTITUTION

ARTICLE 2 : Explained for UPSC 

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Article 2:
“Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.”

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1. UNDERSTANDING KEY TERMS 

Term	Meaning
Parliament	Refers to the Union Parliament (Lok Sabha + Rajya Sabha).
By law	Must be through a legislation (not executive action).
Admit	Incorporating a foreign territory into India.
Establish	Creating a state from scratch, not necessarily a foreign one.
New States	Doesn’t mean reorganization; that’s under Article 3.

Important Note: Article 2 is about external expansion, while Article 3 is about internal reorganization.

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2. HISTORICAL BACKGROUND

After independence, the Constitution-makers foresaw the possibility of India admitting foreign territories. Examples:

• Sikkim (became a state in 1975)
• Pondicherry, Goa, Daman & Diu (acquired from French and Portuguese rule)

So, Article 2 gives sovereign power to the Parliament to accept new territories into the Indian Union.

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3. ARTICLE 2 vs ARTICLE 3

Aspect	Article 2	Article 3
Type of Power	External (Admission / Establishment)	Internal (Formation / Alteration of existing states)
Example	Goa’s inclusion (1961)	Telangana formation from Andhra Pradesh (2014)
Consent of State?	Not needed (deals with foreign areas)	President seeks view of State Legislature

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4. PROCEDURE UNDER ARTICLE 2

• There is no detailed procedure mentioned in Article 2 like Article 3.
• Parliament passes a bill by simple majority.
• Can lay down terms and conditions (like special rights, taxes, autonomy).
• No requirement for President’s recommendation.

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5. IMPORTANT CASES / SUPREME COURT JUDGEMENTS

🔹 Berubari Union Case (1960)

"Can India cede territory to a foreign country under Article 3 or Article 2?"

Judgment:

• Article 3 does not allow ceding Indian territory.
• To cede territory, a constitutional amendment under Article 368 is required.
• Admission of territory under Article 2 is different from giving away territory.

🔹 S. R. Bommai v. Union of India (1994)

Though focused on President’s Rule, it reaffirmed the **federal structure** and that Article 2 powers must respect Constitutional principles.

🔹 Re: The Kerala Education Bill, 1957

SC clarified that any "law" under the Constitution must conform to Fundamental Rights. So even Article 2 must respect Part III.

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6. PRACTICAL APPLICATIONS (Examples)

Territory	Year	Mode of Entry	Article Used
Pondicherry (France)	1954	Treaty + Parliament Law	Article 2
Goa, Daman & Diu	1961	Military action + Law	Article 2
Sikkim	1975	Referendum + Constitutional Amendment (36th)	Article 2 + 368

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7. LIMITATIONS OF ARTICLE 2

• Cannot unilaterally take over foreign territory without legal process or treaty.
• Cannot violate basic structure doctrine.
• Must respect international obligations and fundamental rights.

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8. FOCUS ON THESE AREAS

• Difference between Article 2 and Article 3
• Examples of States/UTs added using Article 2
• Supreme Court Judgements (esp. Berubari Case)
• Role of Parliament (no involvement of President)
• No detailed procedure — just “by law”

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9. POSSIBLE PRELIMS MCQ

Q. Consider the following statements:

1. Article 2 empowers Parliament to admit or establish new states in the Union.
2. The President must first recommend any such admission.
3. Sikkim was added to the Indian Union under Article 3.

Which of the statements is/are correct?

A. 1 only
B. 1 and 2 only
C. 1 and 3 only
D. All are correct

✅ Correct Answer: A

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10. POSSIBLE MAINS QUESTION

“Article 2 of the Constitution reflects India's openness to expansion but also requires a balance with democratic and federal principles. Examine in the context of historical events and judicial interpretations.”

(Word Limit: 250)

Key Points to Cover:

• Power of Parliament
• Historical additions (Goa, Pondicherry, Sikkim)
• Berubari Case (territorial cession)
• Democratic safeguards (Basic Structure)
• Federalism concerns (S.R. Bommai)

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CONCLUSION

Article 2 is a symbol of India’s flexible sovereignty and strategic diplomacy. It shows that India, while respecting global norms, has kept open the constitutional gateway to admit or establish new states when needed. But this must always align with the core principles of the Constitution, especially federalism, democracy, and the rule of law.