Right of Secession in THE 1947 UNION CONSTITUTION

RIGHT OF SECESSION
IN
THE 1947 UNION CONSTITUTION

Before 1962, there were only 4 states, namely ; the Kachin, Karen, Karenni, and Shan. The Kachin and the Karen states were expressly denied the right to secede. Thus Article 201 applies only to the latter two states.

CHAPTER X.

Right of Secession.

201. Save as otherwise expressly provided in this Constitution or in any Act of Parliament made under section 199, every State shall have the right to secede from the Union in accordance with the conditions hereinafter prescribed.

202. The right of secession shall not be exercised within ten years from the date on which this Constitution comes into operation.

203. (1) Any State wishing to exercise the right of secession shall have a resolution to that effect passed by its State Council. No such resolution shall be deemed to have been passed unless not less than two-thirds of the total number of numbers of the State Council concerned have voted in its favour.

(2) The Head of the State concerned shall notify the President of any such resolution passed by the Council and shall send him a copy of such resolution certified by the Chairman of the Council by which it was passed.

204. The President shall thereupon order a plebiscite to be taken for the purpose of ascertaining the will of the people of the State concerned.

205. The President shall appoint a Plebiscite Commission consisting of an equal number of members representing the Union and the State concerned in order to supervise the plebiscite.

206. Subject to the provisions of this Chapter, all matters relating to the exercise of the right of secession shall be regulated by law.