Consider the following statements regarding the constitutional provisi...
Statement 3 is incorrect: The bill needs to be passes by a simple majority in both the Houses of the Parliament.
Constitutional Provisions related to the States
The term Union of States includes the states mentioned in the First Schedule of the constitution.
The provisions of the Constitution pertaining to the states are applicable to all the states in the same manner however, special status to some states.
According to Article 1, the territory of India can be classified into three categories:
- Territories of the states.
- Union territories.
- Territories that may be acquired by the Government of India at any time.
Article 3 authorizes the Parliament to:
- Form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state.
- Increase the area of any state.
- Diminish the area of any state.
- Alter the boundaries of any state.
- Alter the name of any state.
Article 3 lays down two conditions in this regard:
- A bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President.
- Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
- The power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
- The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
- The Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
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Consider the following statements regarding the constitutional provisi...
First schedule of india constitute union states 28 states and 8 union territories.. and according to Art 2 prior permission of president is only required to add any foreign state or to add a small countries only if they want to.. e.g- china take over Tibbat in 1959 so Sikkim directly didn't became part of India first it became costate in 1974 by 34th amendment and later it became 22nd state by 36 amendment on 16 May 1975
Consider the following statements regarding the constitutional provisi...
Analysis of Statements Regarding Constitutional Provisions
To determine the correctness of the statements about the constitutional provisions for states in India, let’s analyze each statement individually.
Statement 1: The term ‘Union of States’ includes the states mentioned in the First Schedule of the Constitution.
- This statement is correct.
- The term 'Union of States' is defined in Article 1 of the Constitution, which explicitly includes the states listed in the First Schedule. This establishes the relationship of the states within the Union.
Statement 2: A bill contemplating the formation of new states can be introduced in Parliament with the prior permission of President only.
- This statement is incorrect.
- While a bill for the formation of new states must be introduced in Parliament, it does not require prior permission from the President. The bill can be introduced by any member of Parliament, though it needs to be examined by the President after introduction.
Statement 3: The bill needs to be passed by a special majority in both the Houses of the Parliament.
- This statement is correct.
- According to Article 3 of the Constitution, a bill for the formation of new states must be passed by a special majority in both the Lok Sabha and the Rajya Sabha.
Conclusion
- Based on the analysis:
- Statement 1 is correct.
- Statement 2 is incorrect.
- Statement 3 is correct.
Therefore, the correct answer is option A (1 and 2 only), as only the first statement is accurate, while the third statement holds true as well. The confusion arises due to the incorrect assessment of the requirement for President's permission.
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