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When a state Bifurcates

What Does Constitution Say?


Article 3 of constitution of India states that the power to
create a new state is vested in the parliament solely, however,
no such bill shall be put before any of the houses except on the
recommendation of the president. Further it is the duty of the
president to refer this bill before the assembly of the concerned
state(s) for expressing their views in a specified period.
The story doesnt end here. The bifurcation of state comes with
large no. of challenges which the state has to look into before
preparing the bill. The boundaries of new states, the division of
assets and liabilities between the new states,river water
sharing, electoral constituencies etc. We can not have direct
answers to these questions in the Article 3. To look into and
solve issues centre appoints a GoM (Group of Ministers).
It is noteworthy that before the above exercise put into action,
centre has to analyse many things like the need to bifurcate,
future of the state after the bifurcation, law and order situation
in the states before and after etc. All the above things need a
thorough discussion and seek an intellectual investigation
which is generally completed by appointing a committee
chaired by a retired Judge. The report is then submitted to the
appointing authority which may be Executive as well as
Judiciary.
If we sum up all the above given points we conclude that if
centre feels that there is a need to bifurcate the state, it
appoints a High power committee , analyses the reports
submitted by the committee. After reading the reports if
executive thinks that they needed to go ahead, GoM might be
constituted. After the GoM gives its nod the president of India
refers the bill to the state assembly to have their say, then the
bill is put before both of the houses . After getting passed from
the parliament the bill seeks the Presidents assent. With the
nod of president the aforesaid bill becomes an Act and we get a
new state.
The above summation does not go that seamless as stated
above

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