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FEDERAL UNITY V. STATE CREATION: NATIONAL INTEGRITY & CONSTITUTIONAL AUTHORITY IN INDIA

FEDERAL UNITY V. STATE CREATION: NATIONAL INTEGRITY & CONSTITUTIONAL AUTHORITY IN INDIA

Prateek Sharma, KES’ Shri Jayantilal H. Patel Law College, Mumbai.

In India, the formation of new states is both a constitutional and political process considering socio-political and economic factors. The Parliament can reorganize states under Article 3 of the Indian Constitution, but only on the recommendations of the President and with the concurrence of the legislatures of the affected states, on which the Parliament may lawfully override. The States Reorganization Act of 1956 is regarded as the first significant step towards Indian federalism; linguistic regional aspirations were first considered as a federal principle and at the expense of national unity. There are judicial precedents that have supported Parliament’s plenary power in state reorganization, but only where objective criteria are to be applied, such as administrative efficiency, economic viability, etc.

The creation of Telangana in 2014, for instance, highlighted modern challenges such as resource allocation, political representation, and the necessity of political consensus, while underscoring the Centre’s role in mediating disputes, ensuring equitable resource distribution, and fostering inclusive governance. However, the creation of new states also raises issues of concern regarding the efficiency of administration, the viability of the economy, and the danger of regionalism leading to regional tensions. For the effective reorganization of states, the local aspirations for the regional identity have to be reconciled with the idea of national integrity, the processes should be transparent and inclusive, and cooperative relations with the State should prevail.

Type
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Research Paper
LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 34-44.
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© Authors, 2024