Bhaskar Explainer: Know, what is the legal process to form a new state


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Speculation continues to bifurcate Uttar Pradesh and create Purvanchal state. The debate on the matter has also intensified. In such a situation, we know how new states are formed.

  • What are the provisions for creating a new state?

Under Article 3 of the Constitution, the central government has the right to form a separate state. It can increase or decrease the area of ​​any state, change the boundaries. She can also change the name of the state.

  • What is the process to create a separate state?

First the assembly passes a resolution for the formation of a new state. Then it sends it to the President. The Center can take action on this. In November 2011, the UP Legislative Assembly passed a resolution for bifurcation of the state into 4 parts – Bundelkhand, Purvanchal, Awadh Pradesh and Paschim Pradesh.

It has already reached the Home Ministry from the President. If the government decides, the Home Minister presents a proposal for the formation of a new state in the Parliament. It also decides how many districts, assembly and Lok Sabha seats will be there in the new state.

  • If Purvanchal becomes a state now, what will be the condition of the MLAs of this region?

In this the MLAs of the area will be the MLAs of the new state. The new state will have a provisional assembly. Speaker and Deputy Speaker will be elected. Here the party with the majority will be invited to form the government. The tenure of the current assembly of UP is 8 months left.

  • Will the center send this proposal to the UP government?

The Mayawati government had sent the proposal of Purvanchal to the Centre. The Center can amend it. But there is no compulsion to send it afresh to the state government.

  • How will the delimitation of Legislative Assembly, Lok Sabha constituencies of the new state be done?

It comes under the purview of the Election Commission. The commission has to decide which seats will be reserved for Scheduled Castes and Scheduled Tribes.

  • If Purvanchal state is formed, how many assembly and Lok Sabha seats will there be?

It can have 125 assembly and 25 Lok Sabha seats. Here BJP is in majority with 115 seats. CM Yogi Adityanath is from this area. He can also become the Chief Minister in the new state.

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