This article has been written by Akalya Shanmugam, a student of Government Law College (Coimbatore),TamilNadu Dr.Ambedkar Law University.
INTRODUCTION :
The formation of new states in India is a process that involves the division of an existing state into two or more smaller states, or the merger of two or more existing states to form a new one. The demand for the formation of new states in India has arisen due to various reasons such as linguistic, cultural, ethnic, and geographical differences.
In India, the power to form new states or change the boundaries of existing states lies with the Parliament of India, through the provisions of the Constitution of India. The process of forming a new state involves several steps, including the resolution of the state legislative assembly concerned, the recommendation of the state governor, and the approval of the Parliament of India.
Over the years, several new states have been formed in India, including the creation of the states of Haryana and Punjab from the existing state of Punjab in 1966, the creation of the state of Uttaranchal (now Uttarakhand) from the existing state of Uttar Pradesh in 2000, and the creation of the state of Telangana from the existing state of Andhra Pradesh in 2014.
In conclusion, the formation of new states in India is a politically sensitive and complex process that has the potential to impact regional, linguistic, and cultural identities. However, it can also lead to better administration and improved representation of regional aspirations, and bring about more balanced regional development.
STEPS INVOLVED IN THE FORMATION OF NEW STATES IN INDIA:
The process of forming a new state in India involves several steps, which are outlined in the Constitution of India. The Constitution provides for the alteration of the territories of existing states and the creation of new states.
Demands for a New State: The demand for the formation of a new state arises from various factors such as linguistic, cultural, ethnic, and geographical differences. The demand is usually raised by political leaders, civil society organizations, and the general public.
Resolution of State Legislative Assembly: The first step in the formation of a new state is the passing of a resolution by the state legislative assembly concerned, in favor of the formation of the new state. The resolution is then forwarded to the governor of the state.
Recommendation of the State Governor: The governor of the state, after receiving the resolution, is obligated to forward the resolution to the President of India. The governor may also add his own recommendation to the resolution.
Approval of the Parliament of India: The President of India, after receiving the resolution and recommendation from the governor, may refer the matter to the Parliament of India for consideration. The Parliament may then pass a bill or a resolution for the formation of the new state.
Amendment of the Constitution: The formation of a new state may also require the amendment of the Constitution of India. This amendment is usually carried out through the process of a Constitutional amendment bill, which requires the approval of a two-thirds majority in both houses of the Parliament of India.
Presidential Assent: After the Parliament of India has passed the bill or resolution for the formation of the new state, it is sent to the President of India for assent. Upon receiving the Presidential assent, the bill becomes an act, and the new state is officially created.
RELEVANT CASE LAWS :
There have been several relevant case laws regarding the formation of new states in India. Some of the key case laws are as follows:
1.State of Andhra Pradesh vs. B.C. Rajendra Prasad (1959): This case dealt with the demand for the formation of a separate state of Andhra Pradesh, which was carved out of the existing state of Madras. The Supreme Court held that the Parliament has the power to form new states or alter the boundaries of existing states, under the provisions of the Constitution of India. The case established the constitutional authority of the Parliament to form new states.
2.Sambhajirao vs. Union of India (1956): This case dealt with the demand for the formation of a separate state of Marathwada from the existing state of Bombay. The Supreme Court held that the Parliament has the power to form new states, and that the formation of a new state does not infringe upon the rights of the existing state. The case established the power of the Parliament to form new states without affecting the rights of existing states.
3.S.R. Bommai vs. Union of India (1994): This case dealt with the imposition of President’s Rule in the state of Karnataka. The Supreme Court held that the imposition of President’s Rule can only be done in accordance with the provisions of the Constitution of India, and that the power of the President to impose President’s Rule is subject to judicial review. The case established the limits of the President’s power to impose President’s Rule.
4.Kihoto Hollohan vs. Zachillhu and Others (1992): This case dealt with the demand for the formation of a separate state of Nagaland. The Supreme Court held that the power to form new states is subject to judicial review, and that the Parliament must follow the constitutional provisions and procedures while forming a new state. The case established the principle of judicial review in the formation of new states.
These cases have established key principles and guidelines regarding the formation of new states in India, and have shaped the process of forming new states in India. They have helped to balance regional aspirations with national unity and integrity, and have ensured that the formation of new states is done in accordance with the provisions of the Constitution of India.
CONCLUSION :
In conclusion, the formation of new states in India is a complex process that requires the approval of the Parliament of India. The demand for the formation of new states arises from various factors such as linguistic, cultural, ethnic, and geographical differences. The process involves several steps, including the resolution of the state legislative assembly, the recommendation of the state governor, and the approval of the Parliament of India. The formation of new states can lead to better administration, improved representation of regional aspirations, and more balanced regional development. However, it is also a politically sensitive process that has the potential to impact regional, linguistic, and cultural identities. The process is guided by the provisions of the Constitution of India and relevant case laws, and is aimed at balancing regional aspirations with national unity and integrity.
REFERENCES:
1.Indian Constitutional Law, M.P. Jain, LexisNexis Publication.
2.Introduction to the Constitution of India, Dr. Durga Das Basu, 20th Edition Reprint 2011, LexisNexis Butterworths Wadhwa Nagpur Publication.
3.Constitutional Law, Mamta Rao, Eastern Book Company, Lucknow
4.https://indiankanoon.org/doc/1686885/
5. https://indiankanoon.org/doc/125892790/
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