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A State reorganization bill can be introduced
In Rajya Sabha only with the prior recommendation of the Chairman of the Rajya Sabha
In the concerned Legislative Assembly of the State only with the prior recommendation of the Governor
In the Legislative Council of a State only with the prior recommendation of the Chief Minister and Governor
In the Parliament only with the prior recommendation of the President.
Article 3 lays down two conditions in the regard of the introduction of such a bill: 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. Further, the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory. The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament. In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit. It is thus clear that the Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
By: Parvesh Mehta ProfileResourcesReport error
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