Press Esc to close
Monday 26 June 2017
News updated at 12:18 PM IST

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
Prime Minister Narendra Modi being welcomed, on his arrival at Joint Base Andrews, Washington...

Prime Minister Narendra Modi being welcomed, on his arrival at Joint Base Andrews, Washington...

Senior CRPF and police officers carrying the coffin of SI/GD Sahab Shukla after wreath laying...

Senior CRPF and police officers carrying the coffin of SI/GD Sahab Shukla after wreath laying...

Senior BJP MLA Ghanshyam Tiwari stages 'satyagraha' against Rajasthan Chief Minister Vasundhara...

Senior BJP MLA Ghanshyam Tiwari stages 'satyagraha' against Rajasthan Chief Minister Vasundhara...

Hindu devotees pull the 'Rath' or the chariot of Lord Jagannath, during the annual Rath Yatra, or...

Hindu devotees pull the 'Rath' or the chariot of Lord Jagannath, during the annual Rath Yatra, or...

Acclaimed Odissi dancer Dona Ganguly's troupe performs during 46th ISKCON Rath Yatra of Lord...

Acclaimed Odissi dancer Dona Ganguly's troupe performs during 46th ISKCON Rath Yatra of Lord...

Switzerland's Roger Federer celebrates his victory in the final match against Germany's Alexander...

Switzerland's Roger Federer celebrates his victory in the final match against Germany's Alexander...

French Air Force Patrouille de France air demonstration teams take part in flying display during...

French Air Force Patrouille de France air demonstration teams take part in flying display during...

Penitents and costaleros of the Nuestro Padre Jesus Nazareno brotherhood carry a float bearing...

Penitents and costaleros of the Nuestro Padre Jesus Nazareno brotherhood carry a float bearing...

Over 10,000 Chinese yoga enthusiasts in Wuxi, a city near Shanghai in eastern China, took part in...

Over 10,000 Chinese yoga enthusiasts in Wuxi, a city near Shanghai in eastern China, took part in...

A student band dressed as Star Wars storm troopers hold their instruments during the walk...

A student band dressed as Star Wars storm troopers hold their instruments during the walk...

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.