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Sunday, October 30, 2011

Q. What are the constitutional provisions with respect to creation of new States in the Union and alteration of boundaries of States?

Ans. The Union of India is not the result of an agreement or contract among the units of the Union. Therefore, the makers of Indian Constitution have empowered the Union Parliament to create by simple legal procedure the new Slates or to change the boundaries of the existing States.
According to Article 3 of the Constitution. Parliament may by law-
(a) form a new State by separation of territory from any State or re-uniting two or more States or parts of  States or by uniting any territory to 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; and
(e) alter the name of any State. The following legislative procedure is adopted by Parliament for this Purpose—
(1) No Bill to the above effect can be introduced in Parliament except on the recommendation of the President.
(2) The President, before giving his recommendation to such a Bill, shall refer the Bill to the Legislature of the concerned States to seek the views of the Legislature. The President may specify the time period within which the Legislature of the State should communicate its view on the Bill. However, the President is not bound by the view or opinion expressed by the concerned States.
(3) With the prior recommendation of the President, the Bill is introduced in either House of Parliament and is passed in both House with a simple majority. As soon as the Bill having been passed by Parliament receives Presidential assent, it becomes a law.
(4) Neither the President, nor Parliament is bound by the opinion expressed by the Legislature of the concerned States. This was held by the Supreme Court in the case of Babulal Vs. State of Bombay, 1960. Thus, the purpose of referring the Bill to the concerned State Legislatures is to elicit the political reaction to the proposed Bill.
(5) A law made by Parliament shall not be deemed to the Amendment to the Constitution under Article 368.

 

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