Authority of Parliament Over Reorganization of State
To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of Union and Territories. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Union and Territories and related topics are extremely important for the UPSC Exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Union and Territories. This article will provide you with relevant details about the Authority of Parliament Over Reorganization of State.
|Authority of Parliament Over Reorganization of State|
This power of parliament broadly deals with 3 of the constitution.
- 3 authorises the Parliament to: –
- 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
- Increase the area of any state
- Diminish the area of any state
- Alter the boundaries of any state
- Alter the name of any state.
- In the case of state
- Bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President.
- Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
- The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time.
- In the case of UTs
- In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
- Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without consent of states. These provisions entail that territorial integrity of any state is not guaranteed by the Constitution.
- India – “An indestructible union of destructible states”.
- USA – “An indestructible union of indestructible states” (territorial integrity of the states guaranteed)
- American Federal Government cannot form new states or alter the borders of existing states without the consent of the states concerned.
|100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.|
|Art. 4 – Itself declares that laws made for admission or establishment of new states (under Art.2) and formation of new states and alteration of areas, boundaries or names of existing states (under Art. 3) are not to be considered as amendments of the Constitution under Art.368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.|
- Cessation of an Indian territory to foreign country does not cover under Art.3 and it can be done only by amending constitution under Art. 368.
|7 th Constitutional Amendment Act 1956 – Led to creation of Zonal councils in india to advise on matters of common interest. They statutory in origin. Total 5 zonal councils exist in India. However, North-Eastern zonal council is created by separate statute in 1971 (North Eastern Council Act, 1972). The chairman of the Zonal council is Union Home Minister and Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.|
- Settlement of a boundary dispute between India and another country does not require a constitutional amendment (Under Art. 368). It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
- Before 1956, the states were classified into four parts-
- Part A – 9 former governor’s provinces
- Part B – 9 former princely states
- Part C – former princely states + chief commissioners provinces
- Part D – Andaman and Nicobar
- By the States Re-organization Act (1956) and the 7th Constitutional Amendment Act (1956), the four-fold division of state were abolished.