2025, Vol. 7, Issue 7, Part C

Author(s): Bhupen Ghimirey

Abstract: The demand for a separate state of Gorkhaland, carved out of West Bengal, has persisted for over a century, rooted in issues of ethnic identity, cultural distinctiveness, and administrative neglect. While the movement has undergone several phases of political evolution, one of its central and enduring questions remains. Is the formation of Gorkhaland constitutionally viable? This paper critically examines the legal framework under the Indian Constitution particularly Articles 2 and 3 that governs the creation of new states. It analyses key judicial interpretations, precedents from past state formations (such as Telangana, Chhattisgarh, and Jharkhand), and the constitutional roles of the Parliament, state legislatures, and the President. The political difficulties and legal issues that have surfaced in the context of the Gorkhaland movement are also covered in the study. The study provides a detailed view of the constitutional pathway and its constraints for the construction of Gorkhaland by contrasting legal theory with the lived political realities of the region.

DOI: 10.33545/27068919.2025.v7.i7c.1587

Pages: 167-170 | Views: 771 | Downloads: 132

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