The constitution gives the power to create new states solely to parliament. However, no bill can be introduced without the president's recommendation. The president must also refer the bill to the concerned state assembly.
Bifurcating a state comes with challenges like dividing assets/liabilities, boundaries, water sharing, and constituencies that cannot be directly addressed in Article 3. To address these issues, the center appoints a Group of Ministers.
Before bifurcation, the center must analyze the need, and potential law and order situations. An independent committee of retired judges investigates these factors and submits a report. The executive and judiciary consider this report. Only after this process would the bill be introduced in parliament following the steps
Original Description:
constitutional provisions regarding bifurcation of a state
The constitution gives the power to create new states solely to parliament. However, no bill can be introduced without the president's recommendation. The president must also refer the bill to the concerned state assembly.
Bifurcating a state comes with challenges like dividing assets/liabilities, boundaries, water sharing, and constituencies that cannot be directly addressed in Article 3. To address these issues, the center appoints a Group of Ministers.
Before bifurcation, the center must analyze the need, and potential law and order situations. An independent committee of retired judges investigates these factors and submits a report. The executive and judiciary consider this report. Only after this process would the bill be introduced in parliament following the steps
The constitution gives the power to create new states solely to parliament. However, no bill can be introduced without the president's recommendation. The president must also refer the bill to the concerned state assembly.
Bifurcating a state comes with challenges like dividing assets/liabilities, boundaries, water sharing, and constituencies that cannot be directly addressed in Article 3. To address these issues, the center appoints a Group of Ministers.
Before bifurcation, the center must analyze the need, and potential law and order situations. An independent committee of retired judges investigates these factors and submits a report. The executive and judiciary consider this report. Only after this process would the bill be introduced in parliament following the steps
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