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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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13.0 Learning Outcome

13.1 Introduction

13.2 Initiatives towards Constitutional Status to Local Governance

13.2.1 Features of 73rd Constitutional Amendment

13.2.2 Features of 74th Constitutional Amendment

13.2.3 Decentralised Planning in Context of 73rd and 74th Constitutional Amendment Act

13.3 Initiatives after Economic Reforms

13.4 Functioning of PRIs in Various States after 73rd Amendment

13.5 Functioning of Local Governance after 73rd and 74th Constitutional Amendment: Observations

13.6 Conclusion

13.7 Key Concepts

13.8 References and Further Reading

13.9 Activities


After studying this Unit you should be able to:

• Identify the background of revitalisation of local governance;

• Understand the features of 73rd and 74th constitutional amendment;

• Discuss the initiatives after economic reforms; and

• Outlines the functioning of local governance in various states after the amendment.


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1.1 Introduction

1.2 Concept of Democratic Decentralisation

1.3 Evolution of Democratic Decentralisation

1.4 Significance of Democratic Decentralisation

1.5 Democratic Decentralisation in India

1.6 Conclusion

1.7 Key concepts

1.8 References and Further Reading

1.9 Activities


After studying this unit, you should be able to:

• Understand the concept of Democratic Decentralization;

• Know the evolution and significance of Democratic Decentralization; and

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