Journalism of Courage
Who can form a new state or UT?
Article 3 of the Constitution,amended in 1955,empowers Parliament to enact such legislation. It can divide an existing state,unite two or more states,or unite parts of two or more states.
What is the process?
Once the government has decided to form a new state and a cabinet decision been taken,the President is requested to make a reference to the legislature or legislatures of the state(s) involved for their views. A bill needs to be drafted with details on geography,financial status,capital,high court,and division of various elements assets,infrastructure,human resources,river waters between the old and new states. Once the views are sent,the bill is introduced. Once it is passed by both houses of Parliament and gets the Presidents assent,the new state comes into being.
Must the states be consulted?
Article 3 makes it mandatory. The President can set the state(s) a time limit.
How far do their views count?
The Centre is not bound by them. If a legislature opposes the proposal or does nor respond within the time limit,the Centre can still go ahead and introduce the bill.
Have these parliamentary powers ever been challenged?
Yes. The earliest legal challenge involved the division of the then state of Bombay. The legislatures views had been sought but the Centre then decided on a different kind of reorganisation.
What changed?
In 1956,the President sought the Bombay assemblys views on a draft bill for the formation of three new units: UT of Bombay,Maharashtra state,and Gujarat state. Because of divisions in the assembly,the bill was referred to a joint select committee of MPs. Eventually,the States Reorganisation Bill,1956,proposed a composite state of Bombay rather than the three separate entities. This was challenged in the Supreme Court.
How did it end?
The court ruled in 1959 that the President need not seek the views of the Bombay legislature afresh after the proposal had been changed. Following widespread protests,however,Bombay was eventually bifurcated into Maharashtra and Gujarat by the Bombay Reorganisation Act,1960.
When and how were the last new states formed?
Parliament in 2000 cleared the Atal Bihari Vajpayee-led governments move to create Jharkhand,Chhattisgarh and Uttaranchal,now Uttarakhand. The Centre persuaded the assemblies to pass resolutions seeking creation of the new states. MP passed a resolution for Chhattisgarh on March 8,1994,and UP one for Uttaranchal on September 25,1998. Bihar chief minister Lalu Prasad Yadav initially threatened Jharkhand would be possible only over my dead body but the assembly passed the Bihar State Reorganising Bill on April 25,2000.
How are assets and infrastructure divided?
It is a laborious task. According to government records,the gap between the decision to form the three states in 2000 and actual formation was nine months. Most of this time was taken by a committee appointed by the home ministry to divide the assets. The bill is prepared only after this committee gives its report.
