Which of the following statements with regard to the creation of a new

Which of the following statements with regard to the creation of a new state or alteration of boundaries of states is/are correct ?

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1. An amendment has to be moved in the Parliament under Article 368 of the Constitution of India.
2. Ratification by one half of the states is necessary after the amendment is made by the Parliament.
3. The legislation can be passed by a simple majority of both Houses of Parliament.

Select the correct answer using the code given below :

1 and 3 only

2 only

3 only

2 and 3 only

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-1 – 2021

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The creation of a new state or alteration of boundaries of states is governed primarily by Article 3 of the Indian Constitution. Article 4(2) states that any law made under Article 2 (admission or establishment of new states) or Article 3 shall not be deemed to be an amendment of the Constitution for the purposes of Article 368. Therefore, it does not require an amendment under Article 368. The legislation can be passed by a simple majority of both Houses of Parliament. Ratification by states is not required for this process. Thus, only statement 3 is correct.

The power to create new states or alter existing ones rests with the Parliament, and it can be exercised through ordinary legislative procedure (simple majority), not requiring the special majority and state ratification process mandated by Article 368 for constitutional amendments.

Article 3 requires that a bill for the purpose of creating a new state or altering boundaries must be introduced in Parliament only on the recommendation of the President. Before recommending, the President has to refer the bill to the state legislature(s) concerned for expressing its/their views within a specified period. However, Parliament is not bound by the views of the state legislature.

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