Formation of a new State

Article 3 of our Constitution states as under:-

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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 ore within such further as the President may allow and the period so specified or allowed has expired.

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The President is not, however, bound by the views of the State Legislature, so ascertained.

By a simple majority and by ordinary Legislative process Parliament may form new States or alter the boundaries etc of existing States and thereby change the political map of India.

From the above it is obvious that there is no need for a resolution to be introduced and passed in the State Legislature for the formation of Telangana. Only when a Presidential reference is made, the State Legislature may (not mandatory) discuss and express its views or allow the period to expire without expressing its opinion.

So when Mr.Rosiah said yesterday that he has not received any instructions, either written or oral from the Centre to introduce a resolution, he was stating the obvious. He will never receive such instructions. It is another matter if his party instructs him to introduce and pass a resolution (superfluous to the constitutional process) in the Legislature with whip duly issued to its Members for bringing its Legislators in line at the pain of losing Membership.

So when Mr.Pillai, Home Secretary stated that the process has started, he might have meant that the Home Ministry has approached or initiated action for approaching the Presidential Secretariat for obtaining the Presidential recommendation which is the first mandatory step for the process.

Mr.Lagadapati Rajagopal’s demand for introduction of a resolution in the Legislature without the issue of a whip, is neither a constitutional requirement nor in keeping with the traditions of our political parties which never dare to allow its Members to vote according to the dictates of their conscience.

Creation of Telangana is the sole prerogative of the Centre and if it has the political will nothing can stop as demonstrated when the three States of Uttarakhand, Jharkhand and Chattisgarh were created.

The resignations of Legislators are neither serious nor done in a fit of emotion. It is a calculated and calibrated move to douse public ire which is also the need of the hour. History is repeating itself. We know what happened in 1971.

…ponder