Separation of a state
Ramkrishna
(Querist) 02 July 2013
This query is : Resolved
I kindly request to know whether a state can be divided as a birthday gift of the ruling party president as being claimed by the Telangana Congress. Does the constitution provides such a bifurcation.
Advocate M.Bhadra
(Expert) 02 July 2013
THE CONSTITUTION OF INDIA
PART I
THE UNION AND ITS TERRITORY
ART.2:--- Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
3. Formation of new States and alteration of areas, boundaries or names of existing States.—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.
Raj Kumar Makkad
(Expert) 02 July 2013
No is the only answer to your query. The practice being adopted is totally against the Constitution of India and moreover, this is a mockery of it.
Rajendra K Goyal
(Expert) 03 July 2013
State can be divided as per Indian Constitution, It can not be divided as a birthday gift of any individual.
