The Uttar Pradesh Reorganisation Act, 2000
Uttar Pradesh Reorganisation Act, 2000
1. Background and Purpose
The Uttar Pradesh Reorganisation Act, 2000 was enacted by the Indian Parliament to bifurcate the State of Uttar Pradesh (UP) into two separate states:
Uttar Pradesh (reduced in size)
Uttarakhand (originally named Uttaranchal)
The main reason behind this reorganization was the long-standing demand for a separate hill state to address issues specific to the hilly region in the northern part of UP, including administrative convenience, development, and preservation of cultural identity.
2. Date of Enforcement
The Act came into force on 9th November 2000, which is when Uttarakhand officially became the 27th state of India.
3. Key Provisions of the Act
a) Territorial Division
The territories of Uttarakhand were carved out of the districts of Uttar Pradesh that fall in the Himalayan region.
The districts included: Dehradun, Nainital, Pauri Garhwal, Almora, Tehri Garhwal, and others.
b) Governance and Administration
The Act provides for the creation of a separate legislative assembly, council of ministers, and high court bench for the new state.
High Court: The Allahabad High Court initially continued to exercise jurisdiction, but the Act paved the way for the establishment of the Uttarakhand High Court.
c) Public Services and Employees
Provisions were made for the transfer of government servants and employees from the old UP administration to the new state administration.
Rules for pension, service benefits, and asset transfer were also laid down.
d) Division of Assets and Liabilities
The Act details the sharing of assets, debts, and liabilities between UP and Uttarakhand.
It includes the division of government properties, infrastructure, financial resources, and other administrative machinery.
e) Continuation of Laws
Laws in force in Uttar Pradesh prior to the reorganization continued to apply to Uttarakhand until altered or repealed by the Uttarakhand legislature.
4. Constitutional and Legal Framework
The Act is enacted under Article 3 of the Indian Constitution, which gives Parliament the power to form new states or alter existing states’ boundaries.
The Act respects the principles of federalism and democratic governance while addressing local demands.
⚖️ Relevant Case Laws
1. State of Uttar Pradesh v. Rajesh Kumar Gupta, (2003)
Issue: Disputes relating to the transfer of government employees post bifurcation.
Decision: The Supreme Court upheld that employees’ service conditions must be safeguarded, and they should be given options to choose between the two states, with service benefits protected under the Act.
2. Uttarakhand High Court Cases on Jurisdiction
Initially, after reorganization, there was a jurisdictional challenge about which High Court had authority.
The Supreme Court ruled that until the establishment of the separate Uttarakhand High Court, the Allahabad High Court’s jurisdiction extended to Uttarakhand.
3. Issues of Legislative Assembly and Representation
There have been disputes over the number of assembly seats and electoral rolls.
Courts have affirmed the provisions of the Act regarding representation, emphasizing the need for free and fair elections in the new state.
4. Constitutional Validity
The Act has never been struck down or seriously challenged on constitutional grounds.
Courts have upheld Parliament’s exclusive power to reorganize states under Article 3.
Significance of the Uttar Pradesh Reorganisation Act, 2000
It marked the creation of a new state to facilitate better governance and development.
It set a precedent for state reorganization on the basis of regional identity and administrative convenience.
It protected the rights and benefits of government employees during state bifurcation.
It ensured a smooth transition of legal and administrative processes.
Summary
| Aspect | Details |
|---|---|
| Act Name | Uttar Pradesh Reorganisation Act, 2000 |
| Purpose | To create the state of Uttarakhand from UP |
| Date of Effect | 9th November 2000 |
| Key Features | Territorial division, asset division, employees’ rights, continuation of laws |
| Constitutional Basis | Article 3 of the Indian Constitution |
| Judicial Approach | Courts upheld the Act, ensured protection of rights and smooth transition |
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