Tuesday, 8 October 2013

Creation of New State Telangana - Is Assembly Resolution Needed?

CONSTITUTIONAL PROVISIONS:


Articles 2, 3, 4 of Constitution of India empowers the Parliament, by law, to form new States / Union Territories, increase / decrease area of any State, alter boundaries of any state, alter name of any state.

Article 2: Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. 

Article 3: Parliament may by law -
(a) form a new State by 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 the purpose shall be introduced in either House of Parliament except on the
recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States ***, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.]

[Explanation I - In this article, in clauses (a) to (e), "State'' includes a Union territory, but in the proviso,
"State'' does not include a Union territory. 

Explanation II - The power conferred on Parliament by clause (a) includes the power to form a new State or
Union territory by uniting a part of any State or Union territory to any other State or Union territory.]

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.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of
article 368.

PERSONAL INTERPRETATION TO THE BEST OF UNDERSTANDING:


1. There is no explicit requirement of any resolutions to be passed in state assemblies.

2. As per proviso to Article 3, before any such Bill is to be introduced in the Parliament, the President is required to refer the Bill to the Legislature of State for expressing views within a defined time. However, the proviso only talks about views, but no specific resolution / consent.

3. If the state does not express views within the period specified in the reference or within such further Period as the President may allow, the President may still recommend the introduction of the Bill in Parliament even though the views of state in question has not been formally expressed. 

4. If the state in question is under President rule at the time when Bill is proposed to be introduced in the Parliament, the reference to State assembly might not be required. In 1966 President Rule was imposed in Punjab before bifurcation of State to Punjab & Haryana.

5. When NDA government, in 2000, created states of Uttarakhand, Chhattisgarh & Jharkhand from UP, MP & Bihar respectively, the respective states passes resolutions in reference to the Bill.  However, this could be seen more as a tradition than a constitutional requirement.


PS: Above are personal interpretations. This is only for reference & may be subject to different / alternate interpretations.

No comments:

Post a Comment