J&K Statehood Demand: Check the History and Article that governs the formation of new states in India

Leader of Opposition in the Rajya Sabha Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi jointly wrote to Prime Minister Narendra Modi on Wednesday (July 16, 2025), urging the government to bring legislation in the upcoming Monsoon session of Parliament, which will be held from July 21 to August 12, 2025, to grant full statehood to the Union Territory of Jammu and Kashmir. In a joint letter, they described the demand as a "legitimate" and "constitutional" aspiration of the people.

"We urge upon the Government to bring forward a legislation in the upcoming Monsoon Session of Parliament to grant full statehood to the Union Territory of Jammu and Kashmir.

Additionally, we request that the Government bring forward legislation to include the Union Territory of… pic.twitter.com/GQuthpxG79

— Congress (@INCIndia) July 16, 2025

This demand was also made during meetings of the District Congress committees in Srinagar and Anantnag. The Srinagar District Congress Committee held a meeting of senior leaders and workers at its office in Srinagar. The meeting was held at the direction of JKPCC President Tariq Hameed Karra.

After the bifurcation of Jammu and Kashmir (JK) in 2019 into two separate Union Territories, the number of states in India changed to 28 states, while the number of Union Territories became 9, which was seven earlier than the bifurcation. In this article, we have explained the procedure for the formation of new states in India. In brief, the states can be formed by the Parliament as per the Constitution of India, and it only requires a simple majority to form a state. 

What is the history of bifurcations of Indian states?

Before independence, India was divided into 565 princely states. These indigenous princely states believed in independent governance, which was the biggest obstacle to building a strong India. At this time, India had three types of states:

1. 'Territories of British India' 

2. 'Princely states' 

3. The colonial territories of France and Portugal.

Also Read: History of Pakistan Occupied Kashmir (POK)

Except for Hyderabad, Junagadh, Bhopal, and Kashmir, 562 princely kingdoms agreed to join the Indian Confederation after India's independence. Since India's independence, the boundaries of its states have changed year after year.

The formation of new states in India, from 565 princely states and 17 provinces (before partition) carved into 14 states and 6 Union Territories (after the 1956 Reorganisation), then 14 states to 29 states and 7 Union Territories (in 2014), and now to 28 states and 9 Union Territories (after the bifurcation of Jammu & Kashmir) in 2019.

Also Read: Indus Valley Civilisation: Discovery, Timeline, Key Sites & Reasons of Decline

Which article governs the formation of new states in India?

Under the Indian Constitution, Articles 2 and 3 grant the parliament the power to form or establish new states in India.

What is Article 2 of the Indian Constitution?

As per the Indian Constitution, Article 2 is used for the 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.

What is Article 3 of the Indian Constitution?

As per the Indian Constitution, Article 3 is used for the formation of new states and alteration of areas, boundaries, or names of existing states: Parliament may by law—

(a) form a new State by the separation of territory from any State or by uniting two or more States or parts of States, or by uniting any territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

Provided that no Bill for this purpose shall be introduced in either House of Parliament except on the recommendation of the President. Furthermore, where the proposal contained in the Bill affects the area, boundaries, or name of any state, the Bill must be referred by the President to the Legislature of that State for expressing its views thereon within a specified period, or any extended period allowed by the President, and that period must have expired.

What is Article 4 of the Indian Constitution?

As per the Indian Constitution, Article 4 says that: 

Article 4(1): Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental, and consequential

provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

Article 4(2):  No such law as aforesaid shall be deemed to be an amendment of the Constitution for Article 368.

Source: mea.gov

How is the state government formed?

Representatives from diverse constituencies are elected in a general election. A majority is defined as a party with more than half of the total seats. That party is frequently referred to when it comes to creating a government.

There are instances when no single party achieves a clear majority. In this circumstance, the party with the most elected members seeks support from other parties or independent candidates. In this method, the party with the most supporters can establish a government. Otherwise, re-election would be necessary.

The Chief Minister, on the other hand, leads a government. The Chief Minister appoints ministers at various levels, including cabinet ministers, state ministers, and deputy ministers, to administer the government's operations. Every government department is led by a cabinet minister who is directly responsible for the department's operations. The handling of government decisions is the responsibility of the heads of government departments, who are bureaucrats. The agency evaluates projects and ensures that they are finished. The works are approved by the ministers.

Chronology of States' Bifurcation in India till Date 2025

Conclusion

The constitutional provisions for state formation in India reflect a flexible framework, primarily governed by Parliament's power under Articles 2 and 3. While this flexibility has facilitated the reorganisation of states to better reflect linguistic, cultural, and administrative needs over time, as seen throughout India's post-independence history, concerns persist regarding its implications for federalism. The ability of the Parliament to alter state boundaries by a simple majority, as outlined in Article 3 and clarified by Article 4, highlights a strong unitary bias within the federal structure.

The ongoing demand for the restoration of statehood to Jammu and Kashmir underscores the complex interplay between constitutional provisions, political aspirations, and regional development. Achieving a balanced approach that fosters both national unity and addresses legitimate regional demands requires strong political will and collaborative efforts from all stakeholders to ensure equitable development and good governance.