william
Asked August 24, 2013

the constitutional provisions of new state Telangana?

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I would like to know about the constitutional provisions and other legal aspects related to formation of a new state for eg Telengana

Answer 1

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Swarnendu

hi,

the answer to your question is :

The Constitution in Article 3 vests the power to form new States and alteration of areas, boundaries, or names of existing States in Parliament alone which may pass the law on the subject. The Bill for the purpose can be introduced in either House of Parliament on the recommendation of the President which in fact means recommendation of the Union Government as the President acts on the advice of the Union Government.

The Constitution, however, is silent on the subject of the criteria for forming States doing nothing more than giving the power of formation of States to Parliament. While giving power exclusively to Parliament may be conducive to the integrity and unity of India, it gives no guidance to Parliament or a body created by Parliament as to the principles for the formation of States. This brings out the basic deficiencies in the Constitution of our Republic which is often lauded for having stood the test of time but which in fact leaves several important aspects untouched.

Laws regarding this issue have been clearly laid down in Article 2 and Article 3 of the Indian Constitution. Article 2 reads as, 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."

When the writers of Constitution were drafting Article 3, our nation was not fully integrated or well organized as some Princely States were not included and States Reorganization Commission was working on forming linguistic states. Keeping in view the need for formation of new states, an enabling provision giving power to the Parliament was incorporated in Article 3. For this purpose the Constitution provided a simple and easy process for ‘reorganizing’ a new state. Article 3 says that Parliament can enact a law to reorganize the existing states by separating new state out of territories of the existing states, or by uniting two or more states or parts of states, or by uniting any territory to a part of any state, or by altering their boundaries, or by separating territory from, or increasing or diminishing the area of, or by changing the name of, a state.  If the Parliament acts as per these provisions of the Constitution, it will automatically effect a change in the Schedules, without necessitating a separate Constitutional Amendment. The Bill approved by the Parliament would change those schedules to suit the new state. Hence Constitutional Amendment is also not required.

In the case of Telangana, the Union Cabinet has to take a political decision and advice President to recommend to the Parliament to pass such a legislation carving out Telangana from existing boundaries of Andhra Pradesh. While political initiative is expected to happen from the people prevailing over the ruling party at the Center, the Constitutional process should begin from the Union Cabinet. Our Constitution says that if process of carving out a state affects the boundaries of existing state, (in case of Telangana, it will definitely affect the boundaries of Andhra Pradesh as ten districts have to be removed), the President is bound to refer the Bill to be introduced in Parliament, to the Andhra Pradesh Assembly. While such reference is mandatory, the President need not decide as per the opinion expressed by such state legislative Assembly. This means, even if there is an opposition to the ‘referred bill’ or such reference is not responded within prescribed time, or when such a bill is approved, the President can go ahead with formation of a new state. However, it is a political requirement for building a strong opinion in favour of a new state to prevail over the Union to fulfil the aspirations of the people.

Source :

http://www.mightylaws.in/725/telangana-constitutional-issues-state-formation

Article 2, Constitution of India,1949.

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