Procedure for Creation of New States

• Art. 3 of the Indian Constitution provides that an Ordinary Bill has to be introduced in either house of the Parliament with prior recommendation of the President to create a new state.
• Further, the President has to seek the views of the affected state within a specified time frame.
• However, even if the concerned state legislature expresses its views to the contrary , Parliament can still go ahead and pass the legislation to create a new state.
• A similar process is required to change areas , boundaries and name of the state.
• Thus creation of a state by making a law by Parliament does not amount to amendment in the constitution. This is done by Ordinary Legislation.

#In US federal system the consent of the state legislature is compulsory. 

• The provision of overriding power of the Parliament was meant for emergency purposes only and not in ordinary case as expressed by Dr. B R Ambedkar in constitutional debates. So not taking the consent of the state legislature will be harmful for our federal structure.

# The first State Reorganization Commission under the chairmanship of Fazl Ali (with members - K M Panikker and H N Kunzru) submitted its report in 1955 and suggested linguistic Reorganization of States.