[amp_mcq option1=”Parliament may be law form a new State.” option2=”Such law shall contain provisions for the amendment of the First Schedule and the Fourth Schedule and the Fourth in Schedule of the Constitution.” option3=”Such law shall be deemed to be an amendment of the Constitution for the purpose of article” option4=”No Bill for enancting such law shall be introduced in the Parliament unless it has been referred to the legislature of the State, whose area, boundaires or name is affected.” correct=”option4″]<\/p>\n
The correct answer is (d).<\/p>\n
The Constitution of India does not require that a Bill for enacting a law to form a new State be referred to the legislature of the State, whose area, boundaries or name is affected.<\/p>\n
Article 3 of the Constitution provides that Parliament may by law 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 any State.<\/p>\n
Sub-clause (b) of Article 3 provides that such law shall contain provisions for the amendment of the First Schedule and the Fourth Schedule.<\/p>\n
The First Schedule lists the States and Union Territories of India. The Fourth Schedule lists the seats allotted to each State in the Council of States.<\/p>\n
Sub-clause (c) of Article 3 provides that such law shall be deemed to be an amendment of the Constitution for the purpose of Article 368.<\/p>\n
Article 368 provides that Parliament may by law amend the Constitution in any manner.<\/p>\n
Sub-clause (d) of Article 3 provides that no Bill for the purpose of forming a new State shall be introduced in the Parliament unless it has been referred to the Legislatures of the States affected.<\/p>\n
However, this requirement is not applicable to a Bill for the purpose of forming a new State by separation of territory from any State.<\/p>\n
This is because the territory of the State from which the new State is to be formed will not be affected by the formation of the new State.<\/p>\n
The formation of a new State by separation of territory from any State does not affect the area, boundaries or name of the State from which the new State is to be formed.<\/p>\n
Therefore, the legislature of the State from which the new State is to be formed does not need to be consulted before a Bill for the purpose of forming a new State is introduced in the Parliament.<\/p>\n","protected":false},"excerpt":{"rendered":"
[amp_mcq option1=”Parliament may be law form a new State.” option2=”Such law shall contain provisions for the amendment of the First Schedule and the Fourth Schedule and the Fourth in Schedule of the Constitution.” option3=”Such law shall be deemed to be an amendment of the Constitution for the purpose of article” option4=”No Bill for enancting such … <\/p>\n