Constitutional basis for bifurcation of a state
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- Article 3 of the Constitution clearly keeps the power to bifurcate a state in the exclusive domain of Parliament.
- Article 3 makes three things clear:
(1) A state is bifurcated by an Act of Parliament and Parliament only.
(2) Before enactment by Parliament, the President has to refer the draft bill to the legislature.
(3) The legislature has to express its views.
- Seeking the views of the legislature to be affected is mandatory for Parliament before bifurcating a state.
- But the views of the legislature are not binding on Parliament. Parliament can make a law bifurcating a state in whatever manner it deems fit, independent of whatever may be the views expressed by the legislature concerned.
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