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Q. Consider the following statements regarding Parliament’s power to reorganise the states:

  1. A Bill contemplating reorganisation of any state requires prior recommendation of the Governor of state before its introduction in the Parliament.
  2. The law made for reorganising the states is not considered to be a constitutional amendment under Article 368.

Which of the statements given above is/are correct?



  1. 2 only

  2. Both 1 and 2

  3. Neither 1 nor 2

  4. 1 only


Solution

The correct option is A
2 only

Explanation:

  • Article 3 authorises 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, and
    • alter the name of any state.
  • However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
  • Moreover, the Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

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