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Q.

Role of State Legislature and President in Reorganisation

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Detailed Solution

The roles of the President and the State Legislature are distinct and highlight the centralizing bias of the Indian Constitution, where the Union has supremacy over the states in matters of territory.

Role of the President

  • Initiator (Gatekeeper): The President's role is that of a gatekeeper. No state reorganization bill can even be introduced in Parliament without their prior recommendation.
  • Facilitator of Views: The President is constitutionally bound to refer the bill to the concerned state legislature to ascertain their views.
  • Timekeeper: The President sets the deadline within which the state legislature must provide its opinion. They can also extend this period.
  • Final Assent: The President gives the final approval (assent) that transforms the bill into a law (Act), officially creating or altering the state.

Role of the State Legislature

  • Purely Consultative: The role of the state legislature is purely consultative, advisory, or recommendatory in nature.
  • A Platform for Debate: It provides a formal platform for the elected representatives of the state (which is being altered) to debate the proposal and express their collective opinion.
  • No Veto Power: The state legislature has zero veto power. Its views, whether positive or negative, are not binding on the Parliament. Parliament can legally ignore the state's resolution entirely. 
    Example: In the case of the formation of Telangana, the Andhra Pradesh Legislative Assembly passed a resolution rejecting the Reorganisation Bill, but Parliament proceeded to pass it anyway.
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