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Q99 (CDS-I/2021) Polity & Governance › Preamble, Union & Territory, Citizenship › State and UT reorganisation Answer Verified

Which of the following statements with regard to the creation of a new state or alteration of boundaries of states is/are correct ? 1. An amendment has to be moved in the Parliament under Article 368 of the Constitution of India. 2. Ratification by one half of the states is necessary after the amendment is made by the Parliament. 3. The legislation can be passed by a simple majority of both Houses of Parliament. Select the correct answer using the code given below:

Result
Your answer: —  Â·  Correct: C
Explanation

Under the Constitution of India, Article 3 empowers Parliament to form new states and alter the areas, boundaries, or names of existing states [2]. According to Article 4(2), any law made for these purposes under Article 2 or 3 is expressly declared not to be an amendment of the Constitution for the purposes of Article 368 [3]. Consequently, such legislation does not require the special majority or the state ratification process prescribed under Article 368 [1]. Instead, these changes can be effected by Parliament through a simple majority, following the ordinary legislative process . While a Bill for state reorganization must be referred by the President to the affected state legislature for expressing its views, the Parliament is not bound by those views and can proceed with a simple majority in both Houses [3]. Therefore, statements 1 and 2 are incorrect, while statement 3 is correct.

Sources

  1. [2] https://www.mea.gov.in/Images/pdf1/Part1.pdf
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > By Special Majority of Parliament and Consent of States > p. 125
  3. [1] https://www.indiacode.nic.in/bitstream/123456789/19151/1/constitution_of_india.pdf
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