What is Article 338A of Indian Constitution – Defination & Meaning
Article 338A: National Commission for Scheduled Tribes (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the
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Article 2 of the Indian Constitution allows the Parliament to admit new states into the Union or establish them. This means that if there is a need for new states due to various reasons like cultural, linguistic, or geographical factors, Parliament has the authority to make those changes through legislation. This article affects all citizens of India, especially those living in regions where state boundaries may change, ensuring representation and governance that aligns with their identity. For instance, when the state of Telangana was carved out of Andhra Pradesh in 2014, it reflected the spirit of Article 2, providing a separate identity and government for the people of Telangana. The process of admitting or establishing new states is not arbitrary; it follows terms and conditions that Parliament considers appropriate. This might include factors such as the population of the new state, its economic viability, and its cultural significance. Also, this article does not provide for any specific exceptions but maintains a broad framework within which the Parliament operates. The real-world impact can be seen in states like Uttarakhand and Chhattisgarh, which were formed after long-standing demands for better administration and local governance. In practical terms, Article 2 plays a key role in the federal structure of India. It allows for flexibility in state formation, which can accommodate the diverse needs of India’s various communities. This adaptability ensures that governance remains effective and responsive to the aspirations of people. By enabling new states to form, the Constitution helps in addressing local issues more efficiently, driving development and ensuring that local cultures and identities are celebrated and preserved.
Article 2 was part of the original Constitution adopted in 1950. During the Constituent Assembly debates, members discussed the need for a mechanism to address regional aspirations and demands for statehood. This was particularly relevant due to India’s diverse cultural landscape. The framers recognized that local governance was necessary for effective representation and administration. While Article 2 has not been amended, it has been interpreted in various Supreme Court cases, including the S.R. Bommai case in 1994, which emphasized the importance of a federal structure in India. The discussions highlighted the necessity for Parliament to have the authority to create states based on local demands and cultural identities.
Which of the following statements is true regarding Article 2 of the Indian Constitution? A) It allows Parliament to create new states based on its discretion. B) It mandates a referendum for establishing new states. C) It restricts the formation of new states to only linguistic grounds. D) It requires a constitutional amendment for changing state boundaries. Discuss the implications of these statements in the context of state formation in India, citing real-world examples where applicable.
The correct answer is A. Article 2 empowers Parliament to admit new states into the Union based on its terms and conditions, without needing a referendum or a constitutional amendment. Options B and D are incorrect because there is no requirement for a referendum or amendment for state creation. Option C is misleading as new states may be formed for reasons beyond linguistic considerations.
Article 2 grants Parliament the authority to admit new states into the Union or establish them through legislation. This empowers Parliament to respond to local demands for statehood, allowing for better governance and representation. For example, the creation of Telangana showcases this power in action, reflecting regional aspirations and needs for self-governance.
Also, this article does not provide for any specific exceptions but maintains a broad framework within which the Parliament operates. The real-world impact can be seen in states like Uttarakhand and Chhattisgarh, which were formed after long-standing demands for better administration and local governance. In practical terms, Article 2 plays a key role in the federal structure of India.
It allows for flexibility in state formation, which can accommodate the diverse needs of India’s various communities. This adaptability ensures that governance remains effective and responsive to the aspirations of people. By enabling new states to form, the Constitution helps in addressing local issues more efficiently, driving development and ensuring that local cultures and identities are celebrated and preserved.
Article 338A: National Commission for Scheduled Tribes (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the
Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community During the first three financial years after the
Article 338: National Commission for Scheduled Castes (1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the
Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts The claims of the members of the Scheduled Castes and the Scheduled Tribes
Article 336: Special provision for Anglo-Indian community in certain services (1) During the first two years after the commencement of this Constitution,
Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States Notwithstanding anything in article 170, the Governor of
Article 334: Reservation of seats and special representation to cease after certain period Notwithstanding anything in the foregoing provisions of this Part,
Article 331: Representation of the Anglo-Indian Community in the House of the People Notwithstanding anything in article 81, the President may, if he is of
Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States (1) Seats shall be reserved for the
Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted by the Constitution (Forty-fourth Amendment)
Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (1) Seats shall be reserved in the House of the People
Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature Subject to the provisions of this Constitution
Article 329: Bar to interference by courts in electoral matters (a) the validity of any law relating to the delimitation of constituencies or the allotment of
Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage The elections to the House
Article 327: Power of Parliament to make provision with respect to elections to Legislatures Subject to the provisions of this Constitution, Parliament may
Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
Article 324: Superintendence, direction and control of elections to be vested in an Election Commission (1) The superintendence, direction and control of the
Article 323A: Administrative tribunals (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and
Explanation.—In this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to
Article 322: Expenses of Public Service Commissions The expenses of the Union or a State Public Service Commission, including any salaries, allowances and
Article 323: Reports of Public Service Commissions (1) It shall be the duty of the Union Commission to present annually to the President a report as to the
Article 320: Functions of Public Service Commissions (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations
Article 321: Power to extend functions of Public Service Commissions An Act made by Parliament or, as the case may be, the Legislature of a State may provide
Article 318: Power to make regulations as to conditions of service of members and staff of the Commission In the case of the Union Commission or a Joint
Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members On ceasing to hold office— (a) the Chairman of
Article 316: Appointment and term of office of members (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of
Article 317: Removal and suspension of a member of a Public Service Commission (1) Subject to the provisions of clause (3), the Chairman or any other member
Article 314: Provision for protection of existing officers of certain services Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f.
Article 315: Public Service Commissions for the Union and for the States (1) Subject to the provisions of this article, there shall be a Public Service
Article 312A: Power of Parliament to vary or revoke conditions of service of officers of certain services (1) Parliament may by law— (a) vary or revoke,
Article 313: Transitional provisions Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the
Article 312: All-India services (1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution
Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State (1) No person who is a member of a
Article 309: Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the
Article 310: Tenure of office of persons serving the Union or a State (1) Except as expressly provided by this Constitution, every person who is a member of a
Article 307: Appointment of authority for carrying out the purposes of articles 301 to 304 Parliament may by law appoint such authority as it considers
Article 308: Interpretation In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
Article 305: Saving of existing laws and laws providing for State monopolies Nothing in articles 301 and 303 shall affect the provisions of any existing law
Article 306: Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce Omitted by the Constitution (Seventh
Article 303: Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce (1) Notwithstanding anything in article
Article 304: Restrictions on trade, commerce and intercourse among States Notwithstanding anything in article 301 or article 303, the Legislature of a State
Article 301: Freedom of trade, commerce and intercourse. Subject to the other provisions of this Part, trade, commerce and intercourse throughout the
Article 302: Power of Parliament to Impose Restrictions on Trade, Commerce and Intercourse. Parliament may by law impose such restrictions on the freedom of
Article 300: Suits and proceedings (1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or
Article 300A: Persons not to be deprived of property save by authority of law No person shall be deprived of his property save by authority of law.
Article 298: Power to carry on trade, etc. The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to
Article 299: Contracts (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the
Article 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union (1) All lands,
Explanation.—In this article, the expressions “Ruler” and “Indian State” have the same meanings as inarticle 363.
Article 294: Succession to property, assets, rights, liabilities and obligations in certain cases As from the commencement of this Constitution— (a) all