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How the new state will be formed

Last updated: 10 December, 2009
New Delhi: Dec 10, DHNS: 22:42 IST

If Telangana is taken to its logical end, it will be the 29th state in India and the first to be created in nine years. It was in 2000 that three new states were created:

Telugu Desam chief N Chandrababu Naidu at a press meet in Hyderabad on Thursday. Naidu said the Centre’s nod for a separate Telangana was a ‘hasty decision’. PTIChhattisgarh (November 1, 2000) was carved out of eastern Madhya Pradesh, Uttaranchal (November 9, 2000), since renamed Uttarkhand, was created out of the hilly regions of northwest Uttar Pradesh, and Jharkhand (November 15, 2000) was created out of the southern districts of Bihar.

When Telangana comes into existence, it will end what was a bloody demand through a 40-year-old struggle for a distinct identity. However, the formation of a new state will not happen overnight as it may take a minumim one year for the dream of the people of the region to be fulfilled.

First, the state legislature, in this case the Andhra Pradesh legisltaure, will have to pass a resolution and forward it to the Centre (however, this is not mandatory — Parliament suo motu can take up the issue through a direction from the President).

Once it reaches the Centre, the home ministry will examine the issue and send the proposal to the law ministry which in turn whets it and sends it to the Cabinet. The Union Cabinet will have to approve it before placing it in the two Houses of Parliament. Rajya Sabha and Lok Sabha will have to pass the resolution with a two-third’s majority since it will be a Constitution amendment to Article 3 which deals with “formation of new states and alteration of areas, boundaries or names of existing states”.

After Parliament gives its seal of approval, begins the complex issue of the physical formation of the state. The logistics required for a new administration will start with Centre sending a team of officials to put things together for creation of the new state.
One of the first tasks is the drawing of the boundary — in this case between Andhra Pradesh and Telangana. Other requirements include setting up of administrative and police cadres, transfer of revenue documents and infrastructure such as setting up new office buildings.

As for the IAS and IPS cadres and the government employees, they will be given the option to chose between the two states. The sharing of the tax revenues will be done by a negotiating team of the two states under the guidance by the chief secretary of the existing state with the assistance of the existing Accountant General’s office.

There is also the issue of devolution of funds, which will be done by the Finance Commission, and revenue sharing between the existing state and the new one. Until the FC frames the formula, the Centre will make an interim allocation. The new state will also have a new high court.

As for political governance, the MLAs of the constituencies falling in the new state will automatically become MLAs of the newly formed state. Election for the state Assembly will be held only after the MLAs complete their five year term.

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