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Which one of the following is/are correct with respect to the formation of new states?
Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President.
Parliament is not bound to accept or act upon the views of the State legislature.
First Schedule and the fourth schedule of the constitution of India are amended by such legislations.
Select the correct answer using the code given below.
- a)1 and 2 only
- b)2 and 3 only
- c)3 only
- d)1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
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Which one of the following is/are correct with respect to the formati...
- Creation Of New States In India: The Constitutional Procedure: The New States in India are created under the provisions of Articles 2, 3, and 4 of the Indian Constitution.
- Article 2 of the Constitution of India vests in the Indian Parliament the exclusive power to admit or establish new states into the Indian Union on such terms and conditions as the Parliament may provide for. This authority is with the Indian Parliament only and the State legislatures have no power to frame laws on this subject matter.
- Article 3 of the Constitution of India dives and defines further and authorizes the Indian Parliament to form new states; alter the area, boundaries, or names of existing states by legislation. The parliament, under this Article, is empowered to form a new state by separating the territory from any state or by uniting states or parts of States, or by uniting any territory to a part of any state. It is also empowered to increase or diminish the area of any state or to alter the boundaries or the name of any state. It should be noted that in clauses from (a) to (e) under Article 3, the expression 'State' includes a Union Territory.
- There is a proviso clause attached to Article 3. The clause provides that any legislation framed upon the provisions of Article 3 shall not be introduced in either House of the Indian Parliament, except when it is firstly recommended by the President of India for the same purpose. Hence statement 1 is correct.
- This clause further provides that where such legislation affects the area, boundary, or the name of any existing State, then such legislation shall not be introduced in either House of the Parliament unless, when first referred by the President to such State legislature affected, views of such State legislature are first acquired on its area, boundary or name being affected thereby.
- It is to be noted that such views by the State legislature shall be communicated to the Parliament within such time period as the President of India may specify in such reference or within such time period as the President may allow. If the Centre accepts the State's recommendation, a bill can be introduced in either House of Parliament on the recommendation of the President, which in fact means the recommendation of the Union government.
- Before drafting the Bill, it is open to the Centre to appoint a Commission to fix boundaries and for Sharing waters, providing other guarantees and location of capitals, High Courts and all other requirements of the States to be formed. It is only on receipt of a report of the Commission that the President may recommend a Bill, on the advice of the Union Council of Ministers.
- However, the Parliament is not bound to accept or act upon the views of the State legislature, even if such views are received in time. This means, even if there is opposition to the referred Bill, or such reference is not responded to within the prescribed time, or when such a bill is approved, the President can go ahead with the formation of a new State. The period within which the State Legislature must express its views has to be specified by the President, but the President may extend the period so specified. Hence statement 2 is correct.
- If, however, the period specified or extended expires and no views of the State Legislature are received, the second condition laid down in the provision is fulfilled in spite of the fact that the views of the State legislature have not been expressed. The intention seems to be to give an opportunity to the State Legislature to express its views within the time allowed; if the State Legislature fails to avail itself of that opportunity, such failure does not invalidate the introduction of the bill.
- Article 4 of the Indian Constitution reflects a mandatory direction to the Parliament while framing legislation under Articles 2 and 3. It directs the Parliament to frame legislation that bears within it certain provisions providing for the amendment of the First Schedule and the Fourth Schedule of the Constitution of India in order to give effect to such legislation.
- Such a law may also contain such supplemental, incidental and consequential provisions, including provisions relating to the distribution of representation in the Parliament and in the legislatures of the States, as the Parliament may deem necessary. Further, this Article clearly bars the jurisdiction of the Parliament to frame legislation intending to be an amendment of the Constitution for the purposes of Article 368.
- The First Schedule of the Indian Constitution enlists the names of the States and the Union Territories which are included in the expression 'Union of States'. The Fourth Schedule prescribes the allocation of seats in the Council of States. No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368. Hence statement 3 is correct.
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Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following is/are correct with respect to the formation of new states? Legislation to form a new state shall not be introduced in either House of the Parliament unless first recommended by the President. Parliament is not bound to accept or act upon the views of the State legislature. First Schedule and the fourth schedule of the constitution of India are amended by such legislations. Select the correct answer using the code given below.a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
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