Parliament's Power to Reorganize States


Introduction

By today, India has 28 States and 8 Union territories. But, these are not the same numbers as the 1947. Indian constitution authorizes the Indian parliament to reorganize the boundaries of its states and the Indian Union. This all could be done by the Parliament's Power to Reorganize States.

This is an important topic to understand for those who study Indian Polity & the constitution. It also has a great value as per Indian Competitive examinations. This is why, in this article, we have added all the important information related to Parliament's Power to Reorganize States below.

So, let’s start-

How Can Parliament Re-Organize the States?

The Parliament of India has the power to reorganize states under Article 3 of the Indian Constitution. The procedure for the reorganization of states is as follows:

Step-1: A bill for the creation of a new state or alteration of boundaries of an existing state can be introduced in either house of Parliament.

Step-2: The bill must be passed by both houses of Parliament by a simple majority.

Step-3: Once the bill is passed by both houses of Parliament, it is sent to the President of India for his/her assent.

Step-4: The President may either give his/her assent to the bill or withhold it. If he/she withholds the assent, the bill does not become a law.

Step-5: If the President gives his/her assent to the bill, it becomes a law and the state or states are reorganized accordingly.

Article 3 of Indian Constitution

Article 3 of the Indian Constitution empowers the Parliament to carry out the following actions:

  • Create a new state by either separating territory from an existing state, combining two or more states or parts of states, or merging any territory with a part of any state;
  • Expand the territorial extent of any state;
  • Reduce the territorial extent of any state;
  • Modify the borders of any state; and
  • Change the name of any state.

Parliament's Power to Reorganize States

The Parliament of India has the power to reorganize states in accordance with the provisions of Article 3 of the Indian Constitution. The powers and implementation steps are as follows:

Article-3 Provisions Provisions explained!
Formation of a new state: Definition: The Parliament can form a new state by separation of territory from any existing state, or by uniting two or more states or parts of states.
Implementation Steps:
  • A resolution must be passed by the state legislature concerned, supporting the proposed formation of the new state.
  • The Parliament introduces a bill for the creation of the new state.
  • The bill is passed by a simple majority in both the Lok Sabha and Rajya Sabha.
  • The President of India gives assent to the bill.
Alteration of boundaries: Definition: The Parliament can increase or decrease the area of any state, alter its boundaries or unite any territory with a part of any state.
Implementation Steps:
  • A resolution must be passed by the concerned state legislature, supporting the proposed alteration of boundaries.
  • The Parliament introduces a bill for the alteration of boundaries.
  • The bill is passed by a simple majority in both the Lok Sabha and Rajya Sabha.
  • The President of India gives assent to the bill.
Change of name: Definition: The Parliament can change the name of any state.
Implementation Steps
  • A resolution must be passed by the concerned state legislature, supporting the proposed name change.

  • The Parliament introduces a bill for the change of name.

  • The bill is passed by a simple majority in both the Lok Sabha and Rajya Sabha.

FAQ’s

Q1. What is Parliament's power to reorganize states in India?

Ans: Parliament's power to reorganize states in India refers to its authority to alter the boundaries, names, and territories of existing states, and to create new states or union territories. This power is derived from the Constitution of India, specifically Article 3, which outlines the procedure for such reorganization.

Q2. Under what circumstances can Parliament exercise this power?

Ans: Parliament can exercise its power to reorganize states in India under various circumstances, such as:

  • To accommodate demands for statehood,
  • To address linguistic or ethnic differences,
  • To create smaller administrative units,
  • To address issues of governance and development

Q3. What factors does Parliament consider before reorganizing a state?

Ans: Before reorganizing a state, Parliament considers various factors such as the size, population, economic viability, administrative convenience, language, culture, geography, history, and ethnic composition of the state in question.

Q4. Can a state be reorganized without the consent of its legislature or people?

Ans: No, a state cannot be reorganized without the consent of its legislature or people. As per the Constitution of India, any proposal for reorganizing a state must first be referred to the state legislature for its views, and if the legislature passes a resolution in favor of the proposal, it can then be taken up by Parliament. If the proposal is not supported by the state legislature, it can still be considered by Parliament, but only after due consideration of the objections raised.

Q5. What are the implications of reorganizing states on language, culture, and regional identity, and how does Parliament address these concerns?

Ans: Reorganizing states can concern that are addressed by Parliament by ensuring the reorganization is done in a manner that respects the diversity and identity of the affected regions and communities.

Language and cultural rights are protected by the Constitution of India, and the reorganization process takes into account the linguistic and ethnic composition of the states concerned.

Updated on: 15-May-2023

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