Question

With reference to creation of new states by parliament under Article 3. Consider the following statements-
(a) Parliament can not introduce a Bill to this effect without the prior recommendations of the President
(b) The president is bound to accept the opinion of the affected state in making recommendations to the parliament.
Which of the above statement(s) is/are correct?

• A. (a) only
• B. (b) only
• C. Both (a) and (b)
• D. Neither (a) nor (b)

Answer 1

The correct option is A (a) only

Article 3 in The Constitution Of India 1949:
Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law
(a) 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;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State;

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired Explanation I In this article, in clauses (a) to (e), State includes a Union territory, but in the proviso, State does not include a Union territory Explanation II.
The power conferred on Parliament by clause (a) 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.