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With reference to a bill contemplating cession of Indian territory to a foreign state, consider the following statements:
1. It requires prior recommendation of the President.
2. Such a bill can be passed with a simple majority of the both the houses of Parliament, like an ordinary bill.
Which of the statements given above is/are correct?
1. It requires prior recommendation of the President.
2. Such a bill can be passed with a simple majority of the both the houses of Parliament, like an ordinary bill.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
With reference to a bill contemplating cession of Indian territory to ...
• The decision of the Central government to cede part of a territory known as Berubari Union (west Bengal) to Pakistan led to the question whether the power of Parliament to diminish the areas of a state (under Article 3) include also the power to cede Indian territory to a foreign country. The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368 and it does not require prior recommendation of the President. Hence, statement 1 is not correct.
• Under Articles 368, the bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Hence, statement 2 is not correct.
• The Supreme Court in 1969 ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
• Under Articles 368, the bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Hence, statement 2 is not correct.
• The Supreme Court in 1969 ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
Most Upvoted Answer
With reference to a bill contemplating cession of Indian territory to ...
Explanation:
The correct answer is option D, i.e., neither 1 nor 2. The reasons are as follows:
1. Prior recommendation of the President: Article 3 of the Indian Constitution deals with the formation of new states and alteration of areas, boundaries or names of existing states. It states that a bill contemplating the alteration of the territory of India can be introduced in either house of Parliament only with the prior recommendation of the President. However, this provision is applicable only in the case of the creation of new states or alteration of the boundaries of existing states. It does not apply to the cession of Indian territory to a foreign state. Therefore, statement 1 is incorrect.
2. Simple majority for cession of Indian territory: The Indian Constitution does not have any provision for cession of Indian territory to a foreign state. Therefore, statement 2 is also incorrect.
Conclusion:
In conclusion, neither statement 1 nor statement 2 is correct. The Indian Constitution does not provide for cession of Indian territory to a foreign state, and the prior recommendation of the President is required only in the case of the creation of new states or alteration of the boundaries of existing states.
The correct answer is option D, i.e., neither 1 nor 2. The reasons are as follows:
1. Prior recommendation of the President: Article 3 of the Indian Constitution deals with the formation of new states and alteration of areas, boundaries or names of existing states. It states that a bill contemplating the alteration of the territory of India can be introduced in either house of Parliament only with the prior recommendation of the President. However, this provision is applicable only in the case of the creation of new states or alteration of the boundaries of existing states. It does not apply to the cession of Indian territory to a foreign state. Therefore, statement 1 is incorrect.
2. Simple majority for cession of Indian territory: The Indian Constitution does not have any provision for cession of Indian territory to a foreign state. Therefore, statement 2 is also incorrect.
Conclusion:
In conclusion, neither statement 1 nor statement 2 is correct. The Indian Constitution does not provide for cession of Indian territory to a foreign state, and the prior recommendation of the President is required only in the case of the creation of new states or alteration of the boundaries of existing states.
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With reference to a bill contemplating cession of Indian territory to a foreign state, consider the following statements:1.It requires prior recommendation of the President.2.Such a bill can be passed with a simple majority of the both the houses of Parliament, like an ordinary bill.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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