State reorganigzation
Swami Sadashiva Brahmendra Sar
(Querist) 23 September 2011
This query is : Resolved
Is Parliament bound to refer the proposal of change in territory or reorganization of States to the concerned States?
Raj Kumar Makkad
(Expert) 23 September 2011
No. This is basically a political decision of ruling party which is given shape in parliament.
Shailesh Kumar Shah
(Expert) 23 September 2011
Article 2 Says Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Shailesh Kumar Shah
(Expert) 23 September 2011
Article 3 says Parliament may by law—
(a) form a new State by separation of territory
from any State or by uniting two or more States or
parts of States or by uniting any territory to a part of
any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States , the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.]
[Explanation I.—In this article, in clauses (a) to (e),
"State'' includes a Union territory, but in the proviso,
"State'' does not include a Union territory.
Explanation II.—The power conferred on Parliament
by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.]
Shailesh Kumar Shah
(Expert) 23 September 2011
As per Article 2 and 3 of the Constitution of India, Parliament may accept proposal of change in territory or reorganization.
Raj Kumar Makkad
(Expert) 23 September 2011
I have learnt many constitutional aspects related to matter for the first time. Shah go on.
