Centre will push through states' reorganisation bill in winter session
George Iype in New Delhi
The Atal Bihari Vajpayee government is hoping to comfortably pass the new statehood bills in the forthcoming winter session of Parliament despite protests from various political parties and opposition from the Bihar state government.
Home ministry officials said the government can enact the legislation to carve out the controversy-ridden Uttaranchal and Vananchal states even if the state assemblies of Uttar Pradesh and Bihar reject the proposals, thanks to
Article 3 of the Constitution.
Ever since the Bharatiya Janata Party government at the Centre decided to create the new states, opposition to the move has been mounting from sections of UP and Bihar assemblies and from within the BJP's coalition partners like
the Shiromani Akali Dal.
While the Akali Dal wants the government to exclude Udham Singh Nagar from the proposed Uttaranchal, the Bahujan Samaj Party and the Samajwadi Party have opposed
the inclusion of Hardwar in the new state.
Most political parties in Punjab argue that the yardstick of reorganising and creating new states on the basis of language, culture and social traditions does not apply in the case of Udham Singh Nagar district as its people have nothing
in common with the hill people.
Similarly, the Rashtriya Janata Dal government in Bihar has sternly opposed the formation of Vananchal, stating that the state legislature will reject any such move from the BJP government.
Though the creation of Uttaranchal, Vananchal and Chattisgarh has been one of the major poll promises of the BJP, uncertainty now hangs over the bills as major political parties have resisted the move.
Since political parties and many members of legislative assemblies in both Uttar Pradesh and Bihar have opposed the creation of Uttaranchal and Vananchal,
the Vajpayee government has sent the bills to the state legislatures for their
views on the subject.
The Congress state government in Madhya Pradesh has already approved the Chattisgarh statehood proposal and sent it back to the home ministry.
Ministry officials argue as Parliament does not need the concurrence of the state legislatures on passing statehood bills, the opposing political parties can do little to block their passage in Parliament.
"Parliament can always reject any opposition to the new statehood bills from the state assemblies because under Article 3, the Central government is not duty-bound to listen to the state governments," said an official associated
with the statehood bills.
"The state legislatures can express their adverse views on the new states. But it may not necessarily be accepted by the central government," the official told Rediff On The Net , adding that any such proposal from states is
not "constitutionally binding on the government".
According to Article 3, the government "may create a new state in the Union provided that no bill for the purpose shall be introduced in either House of Parliament except on the recommendations of the President and unless where
the proposal contained within the bill affects the area, boundaries or name of any of the states, the bill has been referred by the President to the legislature of that state for expressing its views therein within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired".
Moreover, BJP's managers do not anticipate any problem in passing the statehood bills in the winter session of Parliament as the principal opposition party, the Congress, recently reiterated its support to the creation of the new states.
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