As Lok Sabha has passed the Telangana bill and this has cleared the way for a new Telangana state out of Andhra Pradesh. It will 36th state of India. What is constitutional procedure for a state formation? Has a concerned state has any say in such procedure?
Under Article 3 of constitution Parliament is empowered to
form a new state by separating a part of territory of a state or by uniting two
or more states or parts of state. It can also increase or decrease the area of
any state and also alter the boundaries or name of any state. A bill for creation
of a state can be introduced in either house of the Parliament, though recommendation
of president is necessary. As we know under Article 74 the president shall
exercise his/her function on advice of councils of minister. So we can say it
government or ruling party which has sole authority. The bill must be referred
by the President to legislatures of concerned state (like Andhra Pradesh in Telangana
bill) to seek their opinion. Such an opinion has to express within period
specified by President. In any case, views expressed by state legislature are
not binding on president.
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