- Statement 1: Article 3 of the Constitution empowers Parliament to form a new State, increase or decrease the area of any State, alter the boundaries or the name of any State by law. Such a law is passed by a simple majority of Parliament, and the procedure is considered an ordinary legislative process (not an amendment under Article 368). This statement is correct. - Statement 2: Article 3 requires that a bill for any of the changes mentioned above can be introduced in either House of Parliament only on the recommendation of the President. Before recommending the bill, the President must refer it to the Legislature of the affected State(s) to express their views within a specified period. Parliament is not bound by the views expressed by the State Legislature, but the referral is mandatory. This statement is correct. - Statement 3: While the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74), the specific constitutional procedure laid down in Article 3 involves the President's recommendation after the mandatory referral to state legislatures. Simply stating it's on the advice of the Prime Minister is an incomplete description of the constitutional requirement under Article 3 regarding the formation/alteration of states.
This means such a law can be passed by a simple majority of Parliament. 110. 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 affected by the changes proposed in the bill 3. On the advice of the Prime Minister to the President Select the correct answer using the code given below.
Asked in UPSC CAPF 2013 · Topic: State and Union Territories (Procedure for the reorganization of states (President's recommendation, state legislature views))
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