Press Esc to close
Wednesday 10 February 2016
News updated at 2:32 AM IST
Weather
Max: 32°C
Min : 18°C
In Bengaluru
Partially cloudy

Passage of Bill must for state to become reality

New Delhi, Jul 30, 2013, DHNS :

A number of steps required to be taken under the constitutional scheme, including the passage of a bill in Parliament, for it to become a reality.

For this purpose, noted Constitutional expert Subhash Kashyap has said that a bill has to be introduced in either House of the Parliament on the recommendation of the President.
After both Houses pass the bill and after the assent of the President (under Article 111 of the Constitution), a separate new state could come into existence. “But before the introduction of the bill, the President has to consult the state legislature concerned.

Consultation is a must but it is not at all necessary to take consent of the state
assembly. The state legislature has to give its opinion but it would not have a binding effect on the President’s recommendation,” Kashyap, former secretary-general of the Lok Sabha, said.
However, before the President gives a recommendation for creating a separate state, the government has to follow its own internal administrative procedure.

The procedure entails the preparation of a Cabinet note and approval by the Law Ministry, followed by ministers making a call on the decision and finally Cabinet approval.

The Supreme Court in the 1960 judgment on Babulal versus Bombay state said the Union government has the power to form new states and alter the boundaries of the state subject to the condition that the states concerned are given an opportunity to express themselves through their respective legislatures. But the opinion expressed by the states is not binding on the Union.

The methodology for admission, establishment and formation of new states and alteration of areas, boundaries or names of states have been described under Articles 2, 3 and 4 of the Constitution.


Go to Top

Photo Gallery
Rescuers carrying out the operations to search for the bodies...

Rescuers carrying out the operations to search for the bodies...

Lance Naik Hanumanthappa Koppad's mother and wife at their home in Betadoor village in Hubli on Tues

Lance Naik Hanumanthappa Koppad's mother and wife at their home in Betadoor village in Hubli on Tues

Pakistani weightlifters celebrate after Md Nooh Dastgir won...

Pakistani weightlifters celebrate after Md Nooh Dastgir won...

Gold medalist Bidyaluxmi Tourangbam, silver medalist Lidiyamol Sunny...

Gold medalist Bidyaluxmi Tourangbam, silver medalist Lidiyamol Sunny...

Gold medal winning Indian team with other medallist teams...

Gold medal winning Indian team with other medallist teams...

India's Dipika Karthik and Mihilya Methsarani of Sri Lanka in...

India's Dipika Karthik and Mihilya Methsarani of Sri Lanka in...

Gold medal winner WKLA Nimali of Sri Lanka, silver medallist...

Gold medal winner WKLA Nimali of Sri Lanka, silver medallist...

Devotees gather to take holy dip at Har ki Pauri on the occasion of Somvati Amavasaya...

Devotees gather to take holy dip at Har ki Pauri on the occasion of Somvati Amavasaya...

A view after heavy snowfall in Kufri near Shimla...

A view after heavy snowfall in Kufri near Shimla...

Assam Chief Minister Tarun Gogoi dressed as Lord Ram during the Nagaon Bhaona Samaroh...

Assam Chief Minister Tarun Gogoi dressed as Lord Ram during the Nagaon Bhaona Samaroh...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523