The Process of the Parliament to Make New States is not Correct?

Which one of the following statements about the process of the Parliament to make new States is not correct?

  1. The Parliament may by law form a new State and alter the boundaries or names of existing States.
  2. A Bill to this effect cannot be introduced in the parliament except on the recommendation of the President.
  3. A Bill to this effect may be referred by the President to the Legislature of the affected State
  4. Such a law will fall under the purview of Article 368.
Anurag Mishra Professor Asked on 4th November 2015 in Constitution of India.
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  • 1 Answer(s)

    Answer: (4) Such a law will fall under the purview of Article 368

    According to 368. Power of Parliament to amend the Constitution and procedure therefor

    1. Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article
    2. An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in
      1. Article 54, Article 55, Article 73, Article 162 or Article 241, or
      2. Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
      3. any of the Lists in the Seventh Schedule, or
      4. the representation of States in Parliament, or
      5. the provisions of this article, the amendment shall also require to be ratified by the Legislature of not less than one-half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent
    3. Nothing in Article 13 shall apply to any amendment made under this article
    4. No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of Section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any ground
    5. For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
    Anurag Mishra Professor Answered on 5th November 2015.
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