Regionalism and Law in Law & Social Transformation 1

PROLEGOMENON TO THE SUBJECT:

It is an interesting topic to study with a puzzle in our minds that, whether law
came first or the region and which governs the people along with unique
observation of diverse cultures, traditions and customs, upbringing the moral
values in the society. Though the evolution of time had faced some backlashes, it
had never drowned in deeply. On the contra it was consistently blooming on
various aspects. Let us research on the growth and analysis of Regionalism and
Law in this article enunciating its tremendous transformation by epitomizing its
validity and engraving its great history amongst human perception.

ORIGIN AND EVOLUTION OF THE CONCEPT:

The word ‘Region’ arrives from the Latin word ‘regio’ means “area, Zone,
Space, City or District”. The word region also possess another Latin root word
called ‘Regere’ mean to “Rule”. Studying this concept is said to be
‘Regionalism’.

In the contemporary times, we pronounce or refer the term ‘region’ as ‘States’

or speaking of Vastness of land as ‘Country’. But in History, the Concept of
Regionalism was used to be described with varied terms such as “Empire 1,
Kingdom/Realm2, Province3 or Dynasty4”.

Speaking about the Great Emperors, Rulers and administrators India holds a
magnificent backbone of the remarkable history with non-evading culture,
artistic, economic and social impacts standing ‘intelligible’ and ‘indelible’ with
the fast pacing world and over years appreciating its uniqueness and
overwhelming majesty imbibed in it.

1. Empire- an extensive group of states or countries ruled over by a single monarch, an oligarchy, or
a sovereign state.
2. Kingdom/Realm- a country, state, or territory ruled by a king or queen.
3. Province- a principal administrative division of a country or empire.
4 .Dynasty- a line of hereditary rulers of a country.
 Regionalism and Law in Law & Social Transformation 2

Let us dig in deep on some tabulation marking the rule of various kingdoms in
the history inhabited with cultural and ethnic diversities with their rule on various
regions.

Key Religion & Art & Cultural

Language & Philosophy Architecture Features /
Region Kingdoms /
Literature Economy
Dynasties
Political
Hinduism unification
Nagara-style
Maurya, Sanskrit, (Vedic), (Mauryas), center
North India temples, stupas
Gupta, Kushan Prakrit Buddhism, of Buddhist
(Sanchi)
Jainism learning
(Nalanda)
Northwest
Indo-Greeks, Greco- Gandhara art
India Gandhari, Trade hub, silk
Kushans, Buddhism, early (Greco-Roman
(Gandhara, Prakrit route connection
Shakas Hinduism influence), stupas
Punjab)
Prakrit,
Jainism, Rock-cut caves
Western Satavahanas, Sanskrit, Trade (ports),
Buddhism, (Ellora), Jain
India Maitrakas Gujarati artisan guilds
Vedic Hinduism temples
precursors
Temple
Vakatakas, Sanskrit, Shaivism, Rich mineral
Central architecture
Chedis, tribal Vaishnavism, resources, tribal
India (Khajuraho,
Paramaras languages Jainism culture influence
Bhimbetka caves)
Sanskrit, Buddhism Buddhist
Eastern Magadha, Pala, Magadhi, (especially Pala art, stupas, monastic centers
India Kalinga Odia Mahayana), temples (Nalanda,
precursors Hinduism Vikramashila)
Cholas, Sangam
Tamil, Shaivism, Dravidian temples
Cheras, literature,
South India Telugu, Vaishnavism, (Madurai, Tanjore,
Pandyas, maritime trade,
Kannada Jainism Kanchi)
Pallavas temple economy
Assamese
Local tribal
precursors, Temple ruins, Tribal society,
Northeast Kamarupa, religions,
Tibeto- fusion of tribal trade with
India Tripuri Hinduism,
Burman and Hindu art Southeast Asia
Buddhism
dialects
Hinduism, Buddhist
Kashmir, Mountain trade
Himalayan Sanskrit, Pali, Buddhism monasteries (e.g.,
Himachal routes, spiritual
Region local dialects (especially Ladakh), temple
kingdoms centers
Vajrayana) ruins
 Regionalism and Law in Law & Social Transformation 3

The above tabulated kingdoms existed during the period from 1 st B.C.E to 12th
C.E. and brought great impacts in the Social, Political, Cultural, ethnic and
diverse traditions administered efficiently to bring in the Sustenance of moral
values and civilization in the society. The Artifacts and the architectural
monuments invoked a kind of valour and honour to the said kingdoms still being
revered as treasure to the Nation.

Explaining about regionalism is very arduous and requires intense insight, so I

am delivering short crux of some important topics that lead to the fast
development of regions bound with various localities, religions, caste, languages
and cultures.

MAHAJANAPADAS:5

In India, the History speaks of 16 Mahajanapadas posing a mighty rule over the
Northern Region and can be claimed as, the emerging phase of the Political
History as it had both republics and monarchies. The fame arose from the 6 th BC
onwards.

The word ‘MAHAJANAPADAS’ means ‘GREAT REALMS’ or ‘GREAT

KINGDOMS’ having significant territorial units in ancient India. The 16
Mahajanapadas include Kasi, Kosala, Anga, Magadha, Vajji, Malla, Chedi,
Vatsa, Kuru, Panchala, Matsya, Surasena, Assaka, Avanti, Gandhara and
Kamboja. The 16 Mahajanapadas were spread across the Indo-Gangetic plains
and surrounding regions, from modern-day Afghanistan to Bihar.

Main Constituting Features of Mahajanapada:

There are seven main features determining Mahajanapadas and they are;

The King, The Minister, The Country, Fortified City, Treasury, Army and
the Ally.

5. https://byjus.com/free-ias-prep/know-16-mahajanapadas-for-prelims-exam/
 Regionalism and Law in Law & Social Transformation 4

Significance:6

The Significance of the rule during the 6th Century was that, the States were
enriched with eminent Political and cultural dynamism attributing to a remarkable
and unique drapery of Indian history which unfolded exuberantly over times
gushing on persistent flow, yet seldom fails to stun with its never-ending
credulity.

HISTORICAL EMBARKMENT OF SOUTHERN RULERS:

The History can’t be rewarded or embarked sternly without appraising the

greatness of the rulers and the emperors of the Southern regions of India. It
relishes its great phases of time with the embellishment from Iron Age, Sangam
Period, the rule of Cheras, Cholas, Pallavas, Satavahanas, Rashtrakutas, Reddy
Dynasty, Pandiyas, Seulas, Kakatiyas, Hoysala, Vijayanagara Empire, bahmani
Sultanate which were at its highest altitudes until the 15th century B.C.E and
intervention and expansion of Deccan Sultanate, Mughals in the 16th to 18th
century B.C.E leading to the rule of Tipu Sultan, then being conquered by the
East India Company and the partition of regions and making Madras Province
with the ambitious motto of utilising “Divide and Rule” policy by the Britishers.

REGIONALISM DURING COLONIAL PERIOD:

The British Rule Persisted in India from 1617 to 1947 and the same can be
divided into three remarkable historical phases;

Setting Up East India Company: Between 1617 and 1757, the said East India
Company was set up by establishing the factories in several locations near the
coastal lines with the consent of the Mughal Emperors, Maratha Empire or Local
Rulers. In the midst of the 18th century, three presidencies had grown in size under
the company, they were Madras, Bombay and Calcutta.

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 Regionalism and Law in Law & Social Transformation 5

Company Rule in India: During 1757 and 1858, the company gradually conquered
sovereignty over large parts of India which were called “Presidencies”, after this
the British trading lost its ‘mercantile privileges’.

British Raj under the Crown: After 1857, the East India Company gave all its
powers to the Crown and under the British Raj, administrative boundaries were
extended to include a few other British Administered regions, but some of the
presidencies got fragmented into Provinces. But during the end of the British
Colonisation there were 565 Princely States.

To understand the concept of Regionalism, the ineludible part lies in elaborating

and explaining the colonial period through the British invasion, administration
and Indian struggle for independence in brief.

Invasion of British in India (1608-1947):

• In the year 1608, the British’s entered India for the purpose of trading,
they approached the Mughal Emperor Jahangir who provided a Royal
Firman7 to the East India Company to establish small trading settlement at
Surat (Gujarat) and that became their first Head Quarters town in India.
• Then, the company involved in a war against the Mughal ruler in 1690 but
was defeated and it destabilized the Company.
• The East India Company gained power back after its victory in the Battle
of Plassey8 (1757) and Battle of Buxar9 (1764), both within the Bengal
Presidency formed in the year 1765 by abolishing Nizamat Rule in 1793.
• Further, the East India Company fought 3 Anglo-Maratha War and 4
Anglo- Mysore wars and became a political and military power paramount
in South Asia by the mid of 19th century.
• Later due to the Bengal Rebellion in 1857, the Company rule in Bengal
was annulled after the passing of Government of India Act, 1858.
7. A Firman – at the constitutional level, was a Royal Mandate or Decree issued by a Sovereign in an
Islamic State. English Word ‘Firman’ comes from Persian ‘Farman’ meaning ‘Decree’.
8. Battle of Plassey- https://en.wikipedia.org/wiki/Battle_of_Plassey
9. Battle of Buxar- https://en.wikipedia.org/wiki/Battle_of_Buxar
 Regionalism and Law in Law & Social Transformation 6

• Thereafter the rule was directed into the hands of the Crown in the United
Kingdom and India was called as Indian Empire since 1876.
• The regions under the British administration was ruled with the acts passed
in the British Parliament and Princely States ruled by Local rulers of
different ethnic background were provided internal autonomy in
recognition to British Suzerainty10.

Rule of British East India Company (1793-1858):

• The British conquered portions of Mysore after the third Anglo-Mysore

War and annexed the same with the Madras Presidency in 1792.
• Further, in 1799, by defeating Tipu Sultan, more of the Mysore regions
were obtained after the Fourth Anglo-Mysore War and had been annexed
to Madras Presidency and began to administer it directly.
• Around 1851, the British’s conquered almost all the regions in India and
Presidencies and Provinces were formed, the main four territories were the
Bengal Presidency- Capital Calcutta, Bombay Presidency- Capital
Bombay, Madras Presidency- Capital Madras and North Western
Provinces- the Lieutenant General at Agra from 1834-1868.

The British Raj under the Crown: (1858-1947)

• This phase of the Colonial Period stands crucial as their ‘Divide and Rule’
Policy succeeded for years until true independence was delivered for India
in the year 1947.
• The Presidencies formed by the British were kept as Centres of
Government till the General Legislative Council was formed, each
presidency were empowered to enact a code of regulations under its
Governor for good governance.

10.Suzerainty- includes the rights and obligations of a person, State or other polity which controls
the foreign policy and relations of another sub-ordinate party or polity but allows that party or polity
internal autonomy- https://en.wikipedia.org/wiki/Suzerainty
 Regionalism and Law in Law & Social Transformation 7

• The provinces that were conquered but not combined with the presidencies
were called ‘non-regulation provinces’.

• The Provinces that were administered with proper rules and regulations
known as ‘regulation provinces’ and they are Central Provinces & Berar,
Burma, Assam, Andaman & Nicobar Islands, Baluchistan, North- West
Frontier Province, Eastern Bengal & Assam, Bihar & Orissa, Delhi, Panth
Piploda, Orissa, and Sind

• At the Beginning of the 20th Century, British India possessed 8 Provinces

which were administered either by Governor or Lieutenant Governor and
the provinces were namely Burma, Bengal, Madras, Bombay, United
Provinces, Central Provinces & Berar, Punjab and Assam.

• There were some of the Minor Provinces also administered by the Chief
Commissioner and they are North-west Frontier, Baluchistan, Coorg,
Ajmer, Andaman & Nicobar Islands.

INDIAN COUNCIL ACT- 1909:11

Though this act focussed on the participation of Indians in the British
Administration, it brought alongside a plan for the introduction of Separate
electorate for the Muslims and the Birth of Muslim League in the same Year
1909, under the head of Muslim Leaders Aga Khan and Nawab Mohsin –ul-Mulk.
This formed the platform for the partition of India- Pakistan after Independence.
This act succeeded in the aim of instilling separate nation for Muslims and
captivated it with the use of ‘divide and rule’ policy where the ‘religion’ paved
way for ‘regional dividends’.

11. https://www.insightsonindia.com/modern-indian-history/national-movement-1885-
1919/indian-council-act-morley-minto-act-1909/
 Regionalism and Law in Law & Social Transformation 8

GOVERNMENT OF INDIA ACT (1919):12

The said Government of India Act 1919 provided the opportunity by opting the
principle of communal representation through separate electorates for Hindus and
Muslims who could elect their representatives within their own constituencies
than competing with common general electorate with other communities. Though
the inadvertent act was not a sole factor in contributing to the Communal
divisions, it silently played its object for which it had been enacted leading to
separate region, separate power, separate electorate and dissolved the unity and
solidarity amongst the communities leading to regional disparity.

GOVERNMENT OF INDIA ACT, 1935:13

This Act when focussed to decentralize power and promote provincial autonomy
ended up rather in the indirect nurture of the concept regionalism. The act on
granting separate electorates promoted regional identities and led to various
political movements. This step towards decentralization empowered provincial
legislatures and ministries developing regional politics with rise in self-
governance aim amongst the regional leaders. When there was a need to protect
the minority communities interests, this act stimulated them to accentuate a sense
of distinctiveness potentially increasing the communal tension. The act greatly
laid down the groundwork for the reorganization of Provinces on the basis of
linguistic and cultural strand enhancing to promote regionalism.

INDEPENDENT INDIA 1947:

By the time of Indian Independence, a day before 15th August, 1947, Pakistan
was declared as separate nation with the president Mohammed Ali Jinnah on 14 th
August 11.47pm and around 12.05a.m India was announced as Independent
Nation under the head of Lord Mountbatten. But upon the partition of India, out
of 17 Provinces, 11 Provinces joined the Indian Dominion and three joined the
12. https://en.wikipedia.org/wiki/Government_of_India_Act_1919
13. https://www.constitutionofindia.net/historical-constitution/government-of-india-act-1935/
 Regionalism and Law in Law & Social Transformation 9

Pakistan Dominion and rest three Province namely Punjab, Bengal and Assam
were partitioned by both India and Pakistan. In India there was about 565 Princely
States which were given letters to opt whether to join with India or remain
independent. Hyderabad, Jammu and Kashmir and few other states chose to
remain independent, but it was Sir Sardar Vallabhai Patel’s tactful diplomacy
united them to India. Jammu and Kashmir were under special status provided by
India in the condition it will be revoked at any time was in consonance by the
king who ruled the said state. This Special status guaranteed by India was
enshrined in its Constitution under Article 370 which was abrogated after 72
years i.e., on 5th August 2019 by Hon’ble Prime Minister Narendra Modi and is
discussed later.

After the successful achievement of having gained Independence, the leaders

involved in proper reorganization of states so as to administer the people
effectively and their needs can be fulfilled. So various Commissions were formed
in the year 1948 to promulgate the States reorganization and is discussed
subsequently.

COMMISSIONS RELATED TO STATE REORGANIZATION:

DHAR COMMISSION:14

The Dhar Commission was the first official body set up by the Government of
India in June 1948 to examine the issue of reorganizing states on a linguistic basis.
The commission was headed by Justice S.K. Dhar, J.N.Lal and Panna Lal, it
submitted its report in December 1948.

Purpose of the Dhar Commission: To examine whether states should be

reorganized purely based on language or whether other factors (like
administrative convenience, economic viability, etc.) should take priority.
14. https://prepp.in/news/e-492-dhar-commission-indian-polity-notes
 Regionalism and Law in Law & Social Transformation 10

Key Recommendations of the Dhar Commission:

1. Against linguistic reorganization:

o The commission opposed the idea of reorganizing states purely on
linguistic lines.
o It argued that such a move would be harmful to national unity and
could lead to regionalism and disintegration.
2. Emphasis on administrative efficiency:
o The commission recommended reorganization based on
administrative convenience, geographical continuity, financial self-
sufficiency, and ease of communication.
3. Suggested postponement:
o It suggested that any linguistic reorganization be postponed until
India was more politically and administratively stable.

Reaction to the Recommendations:

• The recommendations were unpopular, especially among linguistic groups

who had been demanding separate states (like the Telugu-speaking people
wanting a separate Andhra state).
• The JVP Committee (comprising Jawaharlal Nehru, Vallabhbhai Patel, and
Pattabhi Sitaramayya) was then formed to reassess the issue due to public
dissatisfaction.

Importance:15

• Though the Dhar Commission opposed linguistic states, its formation

marked the beginning of official efforts to look into state reorganization.

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 Regionalism and Law in Law & Social Transformation 11

• It laid the groundwork for later commissions, including the States

Reorganisation Commission (1953), which eventually recommended and
led to the creation of linguistic states in 1956.

JVP COMMITTEE:16

The JVP Committee (also called the JVP Commission) was formed in December
1948 to further examine the issue of state reorganization in India, especially in
the wake of public dissatisfaction with the Dhar Commission's recommendations.

Members of the JVP Committee:

• Jawaharlal Nehru (Prime Minister)

• Vallabhbhai Patel (Deputy Prime Minister)
• Pattabhi Sitaramayya (Congress President)

Purpose of the JVP Committee:

To reassess whether states should be reorganized on linguistic lines, and to

respond to rising demands (particularly for a separate Andhra state for Telugu
speakers).

Key Recommendations of the JVP Committee (April 1949):

1. Against immediate linguistic reorganization:

o Like the Dhar Commission, the JVP Committee did not support the
reorganization of states on linguistic lines at that time.
o It emphasized that national unity and security should take
precedence.

16. https://www.iasindepth.com/blogs/jvp-committee
 Regionalism and Law in Law & Social Transformation 12

2. No general principle:
o The committee stated that no general formula or principle (such as
language alone) could be applied uniformly across the country for
reorganizing states.
3. Special case for Andhra:
o While generally opposing linguistic reorganization, the committee
recognized the strong sentiment among the Telugu-speaking
population and agreed that the Andhra demand could be considered
sympathetically.

Aftermath and Significance:

• The death of Potti Sreeramulu in 1952 (after a hunger strike demanding a

separate Andhra state) created a major public outcry.
• This led to the formation of Andhra State in 1953, carved out of the Madras
Presidency.
• Eventually, growing demands led to the formation of the States
Reorganisation Commission (SRC) in 1953.

Importance of the JVP Committee:17

• It delayed the linguistic reorganization but couldn’t suppress public

demand.
• It highlighted the tension between national integration and regional
aspirations, shaping future debates on federalism in India.

17. https://prepp.in/news/e-492-jvp-committee-indian-polity-notes#significance
 Regionalism and Law in Law & Social Transformation 13

STATES REORGANIZATION COMMISSION:18

The Fazl Ali Commission, also known as the States Reorganisation Commission
(SRC), was a landmark commission appointed by the Government of India in
1953 to recommend a comprehensive reorganization of Indian states.

Formation:

• Appointed on: December 22, 1953

• Chairperson: Justice Fazl Ali
• Other members:
o K.M. Panikkar (Historian & Diplomat)
o H.N. Kunzru (Politician)

Purpose of the Fazl Ali Commission:

To examine and recommend how the Indian states should be reorganized to

improve governance, unity, and administrative efficiency, while also taking into
account linguistic, cultural, and economic factors.

Key Recommendations (Submitted in 1955):

1. Reorganization on linguistic lines:

o The commission supported reorganization based on language, but
with caution.
o It stated that linguistic unity would strengthen rather than weaken
national integration.
2. Creation of 16 states and 3 union territories:
o It recommended reorganizing the country into 16 states and 3
centrally administered territories (union territories).

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 Regionalism and Law in Law & Social Transformation 14

o This meant merging smaller, non-viable states and redrawing

boundaries on a more rational basis.
3. Balanced approach:
o Language should be an important factor, but not the sole criterion.
o The commission stressed factors like administrative convenience,
economic viability, geographical compactness, and cultural
cohesion.
4. National unity first:
o While recognizing regional aspirations, it emphasized strengthening
the unity and integrity of India as the top priority.

Outcome:

• The recommendations of the Fazl Ali Commission led to the States

Reorganisation Act of 1956, which came into effect on 1 November 1956.
• It was the most significant step in the political and administrative
restructuring of India since Independence.

Major Changes after the 1956 Act:

• Linguistic states like Andhra Pradesh, Kerala, Mysore (later Karnataka),

and Madhya Pradesh were formed.
• 14 states and 6 union territories were created initially.

Significance:

The Fazl Ali Commission marked the formal acceptance of linguistic states in
India. It laid the foundation for India’s current federal structure. Helped ease
regional tensions and gave people a greater sense of identity and belonging within
the Indian Union.
 Regionalism and Law in Law & Social Transformation 15

FACTORS CONSIDERED FOR STATE REORGANISATION:

✓ The Unity and Security of the Nation,

✓ Linguistic and Cultural Homogenity,
✓ Financial, economic and administrative considerations,

It advocated for the formation of 16 States and 3 Centrally Governed territories.

Based on these caterings, the act was passed creating 14 states and 6 Union
Territories which also led to passing of 7th Constitutional Amendment act in 1956.

States: AP, Assam, Bihar, Bombay, Jammu & Kashmir, Kerala, MP, Madras,
Mysore, Orissa, Punjab, Rajasthan, UP and West Bengal.

Union Territories: Andaman & Nicobar Island, Delhi, Himachal Pradesh,

Laccadive, Minicoy & Amindivi Island, Manipur & Tripura, Kerala merging
Travancore, Cochin with Malabar Island.

CONSTITUTIONAL PROVISIONS RELATED TO REGIONALISM: 19

In India, the Constitution enacted in 1950 provides us the supreme platform by

addressing several issues related to regionalism, balancing the interests of both
the central government and the States ensuring regional identities, internal
autonomy and local interests which are protected while maintaining National
Unity and Integrity. Fundamental and significant articles which speaks of the
concept of regionalism and the Article that stood as pavement in directing for
State Reorganization Act are enumerated herein.

Article 1: Name and Territory of the Union

It defines the name of the Country as India and specifies the territorial
boundaries. The article also ensures the Union with the power to alter the
boundaries of States.

19. M.P.Jain, Indian Constitutional Law, lexis nexis publications

 Regionalism and Law in Law & Social Transformation 16

Article 2 and Article 3: Admission or Formation of New States

The article permits the Parliament to admit new states into the Union, while
Article 3 deals with the creation and alteration of the boundaries of existing
States.

Article 14: Equality Before Law

This article has a widened scope, it not only speaks of equality based on gender,
language, culture, religion but also applies to the concept of regionalism and
holds its significance;

Regional Significance: it ensures that regional groups and communities are not
discriminated against based on their identity even though regional identities can
sometimes lead to demands for preferential treatment. It also serves as a check on
laws that may unfairly favour one region over another.

Article 19(1)(d) and Article 19(1)(e): Right to Move and Reside in any Part of
India:

The sub-clauses under this article guarantees the citizen their right to move
freely throughout the territory of India and Art.19(1)(e) grants right to settle and
reside in any part of the country.

Article 21: Protection of life and Personal liberty

This article ensures each individual citizen life protection and guarantees
personal liberty irrespective of the region.

Article 29 & Article 30: Right of Minorities

These articles provides protection to the interests of minorities and allows them
to converse their distinct culture, language and script and guarantees rights to
establish and administer educational institutions.

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 Regionalism and Law in Law & Social Transformation 17

Article 75(3) & Article 164(1): Representation of States in the Union Cabinet
and Council of Ministers

These articles emphasize mandatorily that States be adequately represented in

the Union Council of Ministers (at the national level).

Schedule 7: Division of Legislative powers between the Union and States

It lists the distribution of legislative powers between the union and state
legislatures into 3 lists, they are the Union list, State list and the Concurrent list.

Article 370: Special Status for Jammu & Kashmir

This article granted special autonomy to the state of Jammu and Kashmir
allowing it to have its own constitution and greater control over internal matters.
This act was a reflection of regional demands for autonomy.

Article 371-371J- Special Provisions to Certain States:

These articles provide special provisions for certain States to preserve their
regional identity and autonomy these include provision for States of Gujarat,
Maharashtra, Karnataka, Andhra Pradesh, Assam, Sikkim, Mizoram, Manipur
and Tripura.

STATES REORGANIZATION ACT, 1956:20

The States Reorganisation Act, 1956 was a landmark piece of legislation in the
political and administrative history of India. It played a crucial key role in re-
sketching the internal boundaries of Indian states primarily on linguistic lines.

20. https://testbook.com/ias-preparation/reorganization-of-states
 Regionalism and Law in Law & Social Transformation 18

Role of the States Reorganisation Act, 1956

1. Reorganization of State Boundaries:

o The Act reorganized the boundaries of India's states and territories
to reflect the linguistic and cultural identities more accurately.
o It replaced the old British- era provinces with a more rational
structure of states.
2. Creation of States and Union Territories:
o States were grouped into Part A, B, C, and D before 1956.
o After the Act, this classification was abolished, and India was re-
organized into 14 states and 6 union territories.
3. Formation of Linguistic States:
o The most significant outcome was the creation of states based on
dominant languages, e.g., Andhra Pradesh for Telugu speakers,
Kerala for Malayalam, Karnataka for Kannada, etc.
4. Centralization with Uniform Structure:
o The act laid down a more uniform administrative structure, paving
the way for better governance and clarity in the federal structure.

Significance of the Act:

1. Promoted National Unity:

o Though it recognized regional languages, it helped reduce linguistic
tensions by acknowledging cultural identities, thus strengthening
national unity.
2. Stabilized the Political System:
o By responding to the demands for linguistic states, the Act reduced
regional unrest and provided political stability.
 Regionalism and Law in Law & Social Transformation 19

3. Administrative Efficiency:
o States were reorganized to be more manageable and coherent units,
improving governance and development efforts.
4. Set a Precedent:
o The Act created a framework for future reorganization, such as the
formation of Gujarat and Maharashtra in 1960, and later
Chhattisgarh, Jharkhand, Telangana, etc.
5. Recognition of Diversity:
o It showed India's commitment to pluralism, accommodating diverse
linguistic and cultural groups within a single national identity.

In Summary:

The States Reorganisation Act of 1956 was a transformative step that re-shaped
Indian federalism. It balanced the linguistic identity with national integration, laid
the foundation for the modern state structure, and contributed significantly to
India’s democratic consolidation.

SONS OF THE SOIL DOCTRINE:21

This doctrine refers to the principle that people who are native to a particular
region (i.e., the true inhabitants of the soil) should have preferential and privilege
treatment in subject-matters such as employment, land ownership and political
rights within that region.

This doctrine is often invoked by regional political parties to claim the rights
with assertion for the local populations over the migrants and people from other
states or regions. This doctrine is typically an age old primitive concept that the
local native inhabitants should first benefit from the natural resources, economic
opportunities and political representation in their own regions.

21. https://lawnotes.co/tag/son-of-the-soil-and-its-practice/
 Regionalism and Law in Law & Social Transformation 20

Key Features of the Doctrine:

1. Employment Opportunity in the locality: the doctrine advocates the job

opportunities especially in government institutions should be reserved for
the local inhabitants.
2. Political Representation: the Political power and the representation for the
local should be with the local population.
3. Land Ownership: this practice is one step higher where the doctrine is
applied to restrict land access or ownership only to the local population
and not to any persons from other regions.
4. Cultural Identity: the doctrine is sometimes tied to the preservation of
local culture, language, traditions and identity ensuring the native
people’s identity are protected and promoted.
5. Regional Development: proponents argue that a region’s development
should prioritize its own people, ensuring that the benefits of growth and
prosperity are primarily enjoyed by the locals.

Challenges faced due to the doctrine:

1. It leads to Communal Conflicts between states or within the states at

times.
2. It also leads to Constitutional conflicts hindering the fundamental rights
of the citizen.
3. Creates social tensions due to mishandling of the doctrine by the local
political powers.
4. This hampers the economic growth of the states or regions due to strong
adherence for the doctrine denying job opportunities, accessing resources
to other people apart from the native regions resulting in the weaker
economic status.
 Regionalism and Law in Law & Social Transformation 21

CASE LAWS BASED ON THE DOCTRINE:

Dr. Pradeep Jain v. Union of India (1984)

• Issue: Preference to state domiciles in medical college admissions.

• Judgment:
o Allowed limited preference for locals.
o Total exclusion of outsiders declared unconstitutional.
• Importance: Recognized regional claims but emphasized national
integration and equality under Article 14.

2. Indra Sawhney v. Union of India (1992) – Mandal Commission Case

• Issue: Scope of reservations in jobs.

• Judgment:
o Reservations can be based on social and educational backwardness,
not on residence or domicile alone.
o Sons of soil-based job quotas were rejected.
• Importance: Reaffirmed the need to balance affirmative action with merit
and mobility rights.

3.TMA Pai Foundation v. State of Karnataka (2002)

• Issue: Minority rights in educational institutions.

• Judgment:
o Private institutions can give some preference to local students.
• Importance: Provided limited support to the doctrine in the educational
sector, within constitutional limits.
 Regionalism and Law in Law & Social Transformation 22

JUDICIAL DECISIONS BASED ON REGIONALISM:

STATE OF MAHARASHTRA Vs. RAJ KUMAR;22

Fact: In this case, the State Government had enacted a rule to select officers
who are fully acquainted and have knowledge about rural life, problems, aptitudes
and working of people so as to suit the rural atmosphere and to uplift the rural
life. So, the candidates coming from rural area will be rural candidates and must
have passed SSC exam held from a village or town having only a “c” type
municipality. But when this brought into action failed to meet the object sought
to be achieved, because the rule stood any person who may not have lived in a
village at all could appear for SSC exam from a village and yet become eligible
for selection in the competitive exam. Another infirmity of the rules was that any
person who had passed SSC exam as rural candidate should be awarded 10%
marks in each subject by the Public Service Commission.

Upheld HC Decision by SC: Affirming the HC decision, the SC held that there
was no nexus between the classification made and the object which was sought
to be achieved and the weightage applied in this case was regarded as manifestly
unreasonable and wholly arbitrary and could not be sustained as it clearly violates
article 14 and 16.

V.N.SUNANDA Vs. STATE OF A.P;23

This is a case similar to the above mentioned case, where the Supreme Court
made a combined application of Article 14 and 16(1) to quash the State Order
which gave a ‘plus advantage’ of 5 percent marks to candidates seeking public
employment under the state, who had passed their graduation in ‘Telugu
Medium’.

22. (1982) 3 SCC 313

23. AIR 1995 SC 914
 Regionalism and Law in Law & Social Transformation 23

A.V.S. Narasimha Rao vs. State of Andhra Pradesh:24

Fact of the case:

• The Government of Andhra Pradesh issued an order reserving certain

government posts for candidates domiciled in Andhra Pradesh or those
who had studied for a certain period within the state.
• A.V.S. Narasimha Rao, who was not a domicile of Andhra Pradesh,
challenged this order.

Legal Issue:

• Whether the state government can reserve public employment for

domiciles or residents of the state?
• Whether such an action violates Article 16(2) of the Constitution?

Relevant Constitutional Provision:

• Article 16(2)25 of the Indian Constitution:

Judgment:

• The Supreme Court struck down the Andhra Pradesh order.

• Held that state governments cannot reserve jobs based on domicile or
residence, unless Parliament specifically provides for it under Article
16(3).
• Article 16(3) empowers Parliament (not the states) to make laws
regarding residence-based qualifications for certain public job.

24. (1969) AIR 422

25. “No citizen shall... be ineligible for, or discriminated against in respect of, any employment or office under
the State on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.”
 Regionalism and Law in Law & Social Transformation 24

Key Takeaways:

Aspect Explanation

State cannot impose domicile Only Parliament can make laws on this under
conditions Article 16(3).

The reservation discriminated based on

Violation of Article 16(2)
residence/place of birth.

Reinforced the principle that all Indian citizens

Equality in Employment have equal access to public jobs, irrespective of
state of origin.

Significance:

• A major judgment that invalidated sons-of-the-soil-based reservations

made by states.
• Frequently cited in opposition to domicile-based job policies (like those in
the Sarojini Mahishi Report26).
• Upheld the national character of public employment.

RECENT JUDGMENTS BASED ON REGIONALISM:

Preferential Land Allotment Policy in Telangana (November 2024)27

The Supreme Court quashed Telangana's policy of preferential land allotment to

MPs, MLAs, bureaucrats, judges, and journalists within Greater Hyderabad
Municipal Corporation limits. The Court described the policy as "arbitrary,"

26. The Sarojini Mahishi Committee Report is a significant document in the context of employment for locals
in India, especially in Karnataka. https://www.oneindia.com/india/what-is-sarojini-mahishi-report-and-why-
kannadigas-call-for-bandh-3032263.html

27.www.ndtv.com+1Geo24 News+1
 Regionalism and Law in Law & Social Transformation 25

“irrational," and violative of Article 14 (Right to Equality), emphasizing that such

practices perpetuate inequality and undermine substantive equality.

4. Maharashtra Political Dispute (March 2023)28

The Supreme Court addressed the political dispute between Shiv Sena factions in
Maharashtra, highlighting the lack of internal democracy in regional parties, often
dominated by single families. The Court's observations underscored concerns
about the functioning of regional parties and their impact on democratic
processes.

5. Article 370 and Federalism (December 2023)29

In its judgment on Article 370, the Supreme Court acknowledged asymmetric

federalism as part of the Indian federal scheme, involving differential rights to
certain federal sub-units. The Court recognized that different states may enjoy
different benefits under the federal setup, but the common thread remains
federalism.

CONCLUSION:
Thus, the article herein explains the concept of Regionalism how it evolved and
the present day views and the states adopting the SoS doctrine should act within
the constitutional limits else, will be struck down as unfair and arbitrary, further
some of these judgments reflect the Supreme Court's active role in shaping the
balance between regional autonomy and national unity, emphasizing principles
of equality, federalism, and democratic governance. So, it stands always
important to have law balancing the concept of regionalism not violating any
citizen’s fundamental right.

28. https://www.thehindu.com/news/national/other-states/absolutely-no-freedom-in-regional-
parties-many-run-by-single-family-sc-on-maharashtra-row/article66628047.ece?utm

29. https://frontline.thehindu.com/columns/legal-acumen-v-venkatesan-supreme-courts-judgment-
on-article-370-a-setback-to-asymmetric-federalism/article67645407.ece?utm
 Regionalism and Law in Law & Social Transformation 26

APPENDIX
et al And others
ibid same reference

i.e.,- that is
op.cit. previously cited
- P. page
Vol. Volume
AIR All India Report
SC Supreme Court
SCC Supreme Court Cases
www World wide web
https// Hypertext transfer protocol
Art. Article
Sec. Section
Vs. Versus
SCR Supreme Court Report
UOI Union of India
LJ Law Journal
ILI Indian Law Institute
Gov. Government