Question map
The Parliament of India may form a new State by separation of territory from any State or by unifying any territory to a part of any State. Which of the following procedures is/are true in this regard? 1. By a simple majority and by the ordinary legislative process 2. On the recommendation of the President, who usually has to refer the bill to the legislature of the State (s) which is/are going to be affected by the changes proposed in the bill 3. On the advice of the Prime Minister to the President
Explanation
Under Article 3 of the Constitution, the Parliament of India is empowered to form new states or alter existing ones [3]. This process is carried out through an ordinary legislative process requiring only a simple majority in both Houses of Parliament [2]. However, two specific conditions must be met: first, a bill for this purpose can only be introduced in either House of Parliament on the recommendation of the President. Second, before making such a recommendation, the President must refer the bill to the legislature of the affected state(s) to express their views within a specified period [2]. While the President or Parliament is not bound by the state legislature's views, the referral is a mandatory procedural step [2]. There is no constitutional requirement for the Prime Minister to formally advise the President specifically for this state-formation procedure, making statement 3 incorrect.
Sources
- [3] https://www.mha.gov.in/sites/default/files/2022-08/State%2520Reorganisation%2520Commisison%2520Report%2520of%25201955_270614%5B1%5D.pdf
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 11: Amendment of the Constitution > By Simple Ma;ority of Parliament > p. 124
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > By Simple Ma;ority of Parliament > p. 124