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Q85 (CDS-II/2015) Polity & Governance › Preamble, Union & Territory, Citizenship › State and UT reorganisation Answer Verified

Which one of the following statements about the process of the Parliament to make new States is not correct?

Result
Your answer: —  Â·  Correct: D
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. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 11: Amendment of the Constitution > By Simple Ma;ority of Parliament > p. 124
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > By Simple Ma;ority of Parliament > p. 124
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