Consider the following statements: 1. The Constitution of India empo

Consider the following statements:

  • 1. The Constitution of India empowers the Parliament to form new States and to alter the areas, boundaries or names of existing States by passing a resolution in simple majority.
  • 2. Jammu and Kashmir has been given special status under Article 370 of the Constitution of India.

Which of the statements given above is/are correct ?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC NDA-1 – 2016
The correct answer is B) 2 only.
– Statement 1 says Parliament can form new States or alter areas/boundaries/names by “passing a resolution in simple majority”. Article 3 of the Constitution empowers Parliament to do so by enacting a *law*. Such a law requires a simple majority for passage (as per Article 4(2), it is not considered an amendment under Article 368). However, the process is through a legislative bill, not merely a resolution. A resolution is typically a formal expression of opinion or a decision on a procedural matter, not the instrument for creating a law. Thus, statement 1 is technically incorrect due to the use of the term “resolution”.
– Statement 2 says Jammu and Kashmir was given special status under Article 370. This is factually correct based on the Constitution of India as it existed until August 2019. Article 370 granted special autonomous status to J&K. While this status was subsequently revoked/modified, the statement accurately reflects a constitutional provision that existed for a long period. Assuming the question refers to the Constitution generally, this statement is correct.
– Therefore, only statement 2 is correct.
Article 3 of the Indian Constitution deals with the formation of new States and alteration of areas, boundaries or names of existing States. The process requires a Bill introduced in Parliament on the recommendation of the President, who must usually refer it to the concerned state legislature for expressing its views within a specified period. However, Parliament is not bound by the views of the state legislature. Article 370, which granted special status to Jammu and Kashmir, was abrogated/modified by the Government of India in August 2019 through Presidential Orders, effectively integrating J&K more fully with the Union.
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