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Which one of the following statements about the process of the Parliament to make new States is not correct?
Explanation
Under Article 3 of the Constitution, Parliament has the power to form new States and alter the areas, boundaries, or names of existing States by law [1]. The procedure requires that such a Bill can only be introduced in either House of Parliament on the recommendation of the President. Furthermore, if the proposal affects the area, boundaries, or name of any State, the President must refer the Bill to the concerned State Legislature for expressing its views within a specified period. Crucially, Article 4(2) explicitly states that no such law (made under Article 2 or 3) shall be deemed to be an amendment of the Constitution for the purposes of Article 368. Therefore, these laws can be passed by a simple majority and do not fall under the special amendment procedure of Article 368 [2].
Sources
- [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
SIMILAR QUESTIONS
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:
Consider the following state- ments with regard to the forma- tion of new States and alteration of boundaries of existing States: I. Parliament may increase the area of any State. 2. Parliament may diminish the area of any State. 3. Parliament cannot alter the boundary of any State. 4. Parliament cannot alter the name of any State. Which of the statements given above is/are not oarnare ?
Consider the following statements : 1. The Constitution of India empowers the . Parliament to form new States and to alter the areas, boundaries or names of existing States by passing a resolution , in simple majority. 2. Jammu and Kashmir has been given special status under Article 370 of the Constitution of India. Which of the statements given above is/are correct ?
Which of the following statements regarding passing a law under the State List is/are correct?
- Even in the sphere (State List) exclusively reserved for the States, Parliament can legislate under certain circumstances.
- Parliament cannot legislate a subject under the State List under any circumstances.
- A resolution supported by two-thirds of the members present and voting is required to be passed by Rajya Sabha to pass a law under the State List.
Select the correct answer using the code given below: