CREATION OF NEW STATES - POLITY

CREATION OF NEW STATES - POLITY

News: India should have 50 or more states. UP’s dominance causing resentment

 

What's in the news?

●       The first three articles of the Indian Constitution make it clear that India, that is Bharat, will always be a Union of states.

 

Key takeaways:

●       With the elections around, the demand for the administrative reorganisation of linguistic states has risen in the country.

●       These included Vidarbha in Maharashtra, Saurashtra in Gujarat, Bodoland in Assam, Tipperaland in Tripura, Gorkhaland in North Bengal, Kosala in Odisha, Mithila in Bihar, Tulu Nadu and Kodagu in Karnataka, Kongu Nadu in Tamil Nadu, Maru Pradesh in Rajasthan, Rayalaseema and Uttarandhra in Andhra Pradesh, as well as Poorvanchal, Awadh, Bundelkhand, Baghelkhand, Harit Pradesh in Uttar Pradesh.

 

Article 3 and Formation of New States:

●       The procedure for formation of new States laid down in Article 3 of the Constitution provides that a State has no say over the formation of new States beyond communicating its views to Parliament.

 

Power of Parliament:

●       Article 3 assigns to Parliament the power to enact legislation for the formation of new States.

●       Parliament’s power under Article 3 extends to increasing or diminishing the area of any State and altering the boundaries or name of any State.

 

Creation of New States:

●       Parliament may create new States in a number of ways, namely by

○       Separating territory from any State.

○       Uniting two or more States.

○       Uniting parts of States.

○       Uniting any territory to a part of any State.

 

Conditions for Creation of New States:

  1. A bill calling for formation of new States may be introduced in either House of Parliament only on the recommendation of the President.
  2. Such a bill must be referred by the President to the concerned State Legislature for expressing its views to Parliament if it contains provisions which affect the areas, boundaries or name of that State.

 

Note - The Parliament or the President is not bound by the views of the legislature and may accept or reject the proposal, even if the views were received on time.