The present Central Government’s legislation was enacted with the name and title as ‘the Uttar Pradesh Reorganisation Act, 2000’ being the Act no. 29 of the year 2000. The purpose and object of the present Act is to provide for re- organization of the State of Uttar Pradesh, which was, already, existing. The same was enacted by the Parliament of India in the 51st year of republic of India and has received the assent of honourable President of India on 25th day of August, 2000. The provisions of this Act are divided under several parts. There are several amendments made to the Act, including the one of 2004.
The Act under its preliminary provisions provides for short titling of the Act and also for several definitions which are significant so far as the actual interpretation of the provisions of the Act is concerned. The Act under its second part provides for recognition of the State of Uttar Pradesh being its main object. Section 3 wherein provides for formation of the new State namely Uttaranchal State and such new State to comprise of certain territories of the existing State of Uttar Pradesh including, Pauri Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar districts. And all these territories should be as such excluded from forming the part of Uttar Pradesh State. The Act further seeks to place certain consequential amendments in the provisions of the First Schedule of The Constitution of India.
The next part dealing with representation from the newly created State in the Council of State, and as such it is sought to amend the Fourth Schedule of the Constitution of India. The sitting members of the Council of States representing the existing Uttar Pradesh State are treated here in the Act, as they have been elected to fill the representation from the both the States of Uttar Pradesh and Uttaranchal. Similarly, in the house of peoples, the representation from the Uttar Pradesh State was allocated to 80 seats and for Uttaranchal State allocation is of 5 seats. Moreover, the Act sought to amend the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as has been provided under the Second Schedule annexed to this Act. Further, so far as the number of seats in the Legislative assembly of the States of Uttar Pradesh and of the state of Uttaranchal is concerned, there should 403 for the State of Uttar Pradesh and 70 for the State of Uttaranchal.
Insofar as the Speaker and Deputy thereof, it is given that, the existing Speaker and Deputy speaker of the Legislative assembly for the State of Uttar Pradesh should continue to be as such. And the provisional Legislative Assembly of the successor State of Uttaranchal will choose two members thereof to assume responsibilities of that of Speaker and Deputy Speaker. Further, the Act also makes it clear that the seats in legislative council of Uttar Pradesh, should be 99. Also the Act also requires certain consequential amendments in the various relevant provisions.
The Part IV of the Act makes provisions in relation to the High Court of these concerned States. It is provided that there should be a separate High Court for the State of Uttaranchal and existing High Court of Judicature at Allahabad, will become the High Court of Uttar Pradesh. The President of India should decide the location of principal seat of Uttaranchal High Court, as per provision. And other relating provisions are provided under subsequent sections of the Act, for the appointment of judges of high court, provisions as to bar councils, etc.
The next part of the Act makes provisions as to authorization of expenditures and distribution of revenues. It is provided that the Governor of the State of Uttar Pradesh, can authorise necessary expenditure from the Consolidated Fund of the State of Uttaranchal. And for determination of share of the States of Uttar Pradesh and Uttaranchal from the total payable amount to the existing State of Uttar Pradesh, the President of India should make an order based on the recommendations of the Finance Commission. The Part VI of the Act further makes provisions as to apportionment of assents liability.
The Act under its next subsequent parts makes provisions as to certain Corporations, services, etc. which will be affected due to such formation of new state of Uttaranchal. The miscellaneous provisions under this Act contemplated under last part of the Act, where it is provide to amend certain provisions from some laws where the reference is given to the State of Uttar Pradesh should also include state of Uttaranchal. For making applicable any laws which were enacted earlier, the appropriate Government can adopt and modify those laws to apply to the States of Uttar Pradesh or Uttaranchal. Also provisions regarding pending legal proceedings have been provided under this part. And besides all other relevant provisions, the Act finally, provides for power to the President to make orders for removing any difficulties which could arise while giving effect to the provisions of this Act.
Adv. Faim Khalilkhan Pathan