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Which of the following statements is/are correct?
1. If the Parliament has to alter the boundaries of any state, the Bill has to be sent to the concerned states as well.
2. A Constitutional Amendment Act, under Article 368, has to be passed to amend the required Schedules to include new states.
Select the correct answer using the code given below:
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation: Article 3 of the Indian Constitution authorises the Parliament to: (a) 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 a 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. However, Article 3 lays down two conditions in this regard: one, a Bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the Bill, the President has to refer the same to the State Legislature concerned for expressing its views within a specified period. Article 4 declares that the laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as Amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.
By: Parvesh Mehta ProfileResourcesReport error
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