Constitutional Formation of Uttarakhand

The state of Uttarakhand, nestled in the northern part of India, holds a unique position in the country's constitutional history. Carved out of Uttar Pradesh on November 9, 2000, Uttarakhand's formation was the result of a long-standing demand for statehood by the region's people. This article delves into the constitutional formation of Uttarakhand, exploring the historical, political, and legal processes that led to its creation.

Historical Background

The Roots of the Demand

The demand for a separate state of Uttarakhand can be traced back to the colonial era. The region, characterized by its distinct cultural, linguistic, and geographical identity, had long felt neglected in terms of development and representation within Uttar Pradesh. Key reasons for the demand included:

Geographical Isolation: The hilly terrain made communication and governance from Lucknow, Uttar Pradeshs capital, challenging.

Cultural Identity: The people of the region shared a distinct culture and language (Kumaoni, Garhwali, and Jaunsari) that differed from the plains of Uttar Pradesh.

Economic Neglect: Developmental policies of Uttar Pradesh largely ignored the hilly regions, exacerbating unemployment, lack of infrastructure, and economic disparity.

Early Movements

The first formal articulation for a separate hill state emerged in the 1930s when regional leaders voiced concerns about governance and representation. The demand gained traction during the 1950s when India reorganized states along linguistic lines, but Uttarakhand was not considered for statehood despite its unique identity.

Political Mobilization for Statehood

Uttarakhand Kranti Dal (UKD)

In 1979, the Uttarakhand Kranti Dal (UKD) was formed, which became a significant political force advocating for statehood. The UKD emphasized the need for self-rule to address regional challenges and ensure equitable development.

Mass Movements of the 1990s

The 1990s witnessed a surge in mass movements, with students, farmers, women, and activists uniting under the banner of statehood. The 1994 Rampur Tiraha Massacre marked a turning point in the movement when police fired upon protestors in Muzaffarnagar, leading to widespread outrage and intensifying demands for statehood.

Legal and Constitutional Pathway

Sarkaria Commission

The Sarkaria Commission, established to examine center-state relations, indirectly influenced the Uttarakhand movement by highlighting the need for decentralization and improved governance in remote regions. Though not directly addressing Uttarakhand, it laid the groundwork for future demands.

Uttar Pradesh Reorganization Bill, 2000

The constitutional formation of Uttarakhand was facilitated through the Uttar Pradesh Reorganization Bill, 2000, which was introduced in Parliament under Article 3 of the Indian Constitution. Article 3 empowers Parliament to:

Alter the boundaries of states.

Create new states by reorganizing existing ones.

The bill proposed the division of Uttar Pradesh into two states, creating Uttarakhand (initially named Uttaranchal) as a separate entity.

Key Provisions of the Uttar Pradesh Reorganization Act, 2000

Territorial Division:

Uttarakhand was carved out with 13 districts from Uttar Pradesh, divided into two major regions: Garhwal and Kumaon.

Capital:

Dehradun was designated as the interim capital of the new state.

Legislative Assembly:

The new state was granted a unicameral legislature with a strength of 70 members.

High Court:

A separate High Court was established for Uttarakhand in Nainital.

Special Provisions for Scheduled Tribes:

Constitutional safeguards under the Fifth Schedule were extended to tribal areas in Uttarakhand.

Revenue Allocation:

Mechanisms were established to allocate financial resources and address disputes between Uttar Pradesh and Uttarakhand.

Administrative and Political Challenges Post-Creation

Naming Controversy

Initially named Uttaranchal, the state was renamed Uttarakhand in 2006, following demands from regional leaders to restore the cultural and historical identity of the name.

Governance and Infrastructure

Building a functional administrative framework posed challenges:

Establishing a separate bureaucracy and judicial system.

Addressing inter-state disputes over water sharing, electricity, and land boundaries with Uttar Pradesh.

Constitutional Implications of Statehood

Representation in Parliament

Uttarakhand was allocated 5 Lok Sabha seats and 3 Rajya Sabha seats.

The state gained representation in national policymaking, enabling it to voice regional concerns effectively.

Federal Structure

The creation of Uttarakhand highlighted the flexibility of Indias federal system, demonstrating the ability to address regional aspirations through constitutional means.

Special Status

Uttarakhand was accorded the status of a Special Category State, entitling it to:

Higher central assistance for development projects.

Concessions in central taxes to promote economic growth.

Socio-Economic Impact of Statehood

Economic Development

Statehood allowed focused policies for tourism, hydropower, and agriculture.

The creation of Uttarakhand as a separate state brought significant investments and improved infrastructure in the region.

Social Empowerment

The new state provided a platform for addressing local issues like unemployment, migration, and environmental conservation.

Women's participation in governance and grassroots movements significantly increased post-statehood.

UKPCS Notes brings Prelims and Mains programs for UKPCS Prelims and UKPCS Mains Exam preparation. Various Programs initiated by UKPCS Notes are as follows:- For any doubt, Just leave us a Chat or Fill us a querry––