Legal steps towards an independent Scotland







ScotlandThe power to hold referendum resides with United Kingdom parliament, but under the provision of section 30 Scotland act of 1998, it would allow temporary transfer of this power to the Scotland parliament, this agreement would reached on 15th October when the prime minister of United kingdom David Cameron and the Scotland’s first minister Alex Salmond will reach when they will sign on the agreement for temporary transfer of such power to the Scottish parliament. The transfer of such power would include the transfer of powers of all details concerning the referendum. Before the final approval is sent to the Privy Council it is likely to be debated in House of Lords and House of Commons.  This agreement is expected to allow people to vote by August 2014 with their single reply as either ‘yes’ or ‘no’ in regards with if the Scotland to be separated from UK. This agreement between Mr. Cameron and Mr. Salmond world according to the Scottish national party allow 16 and 17 year old also to vote for approval. No peers or MPs will have any role in the process but the members of the Scottish parliament (MSP) will have role to debate the details of the poll which would include the question, the timing and the franchise in a Referendum Bill, the bill is expected to be introduced in next spring. In the meantime the Scottish government would formally ask the electoral commission regarding the proposed question is regards of whether Scotland to become a separate country or not. The commission will take 12 weeks to process their decision as their research would include taking views from the expert and the public. The final report is to be submitted to the Scottish government, the recommendations in the reports are no binding in nature, therefore the ministers can choose to ignore the recommendations as well. The commission also has the power to give alternatives if required.

Priyanka S Kumar
School of Law Christ University,
Bangalore

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