Press Esc to close

Passage of Bill must for state to become reality

New Delhi, Jul 30, 2013, DHNS : 2:35 IST
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
Actress and BJP MP Hema Malini along with her daughters Ahana and Esha cutting a cake to celebrate..

Actress and BJP MP Hema Malini along with her daughters Ahana and Esha cutting a cake to celebrate..

Union Minister for Defence, Nirmala Sitharaman with Chief of Naval Staff, Admiral Sunil Lanba and ..

Union Minister for Defence, Nirmala Sitharaman with Chief of Naval Staff, Admiral Sunil Lanba and ..

Kamaraj Congress (KKC) and Most Backward Communities Federation demonstrators lying on the road in..

Kamaraj Congress (KKC) and Most Backward Communities Federation demonstrators lying on the road in..

Rajesh Talwar arrives at his residence in Noida on Monday after he, along with his wife Nupur, was..

Rajesh Talwar arrives at his residence in Noida on Monday after he, along with his wife Nupur, was..

Social activists sit near earthen lamps, lit in a formation that reads 'No Crackers', to urge ...

Social activists sit near earthen lamps, lit in a formation that reads 'No Crackers', to urge ...

Dentist-couple Nupur and Rajesh Talwar coming out of the Dasna Jail in Ghaziabad on Monday after ...

Dentist-couple Nupur and Rajesh Talwar coming out of the Dasna Jail in Ghaziabad on Monday after ...

Widows celebrating Diwali at Gopinath Temple in Vrindavan near Mathura on Monday...

Widows celebrating Diwali at Gopinath Temple in Vrindavan near Mathura on Monday...

Widows attending the marriage ceremony of a young widow at Gopinath Temple in Vrindavan near ...

Widows attending the marriage ceremony of a young widow at Gopinath Temple in Vrindavan near ...

Bollywood actress Vaani Kapoor presents a creation during a fashion event in New Delhi on Saturday..

Bollywood actress Vaani Kapoor presents a creation during a fashion event in New Delhi on Saturday..

Newly elected Allahabad University Students Union President Avanish Kumar Yadav (center) along..

Newly elected Allahabad University Students Union President Avanish Kumar Yadav (center) along..

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523
Powered by Yodasoft Technologies Pvt. Ltd.