Previous Year Question
A Bill for the purpose of creating a new State in India must be passed by
A simple majority in Parliament and ratification by not less than two-third of the States.
A simple majority in Parliament.
A two-third majority in Parliament and ratification by not less than two-third of the States.
None of the above.
Correct Answer: B
Detailed Solution
Article 3 of the Constitution empowers Parliament to form a new State by separating territory from a State, uniting two or more States or parts of States, or uniting any territory with a part of a State. Under the same Article, Parliament may also increase or diminish the area of a State and alter its boundaries or name.
Such a Bill cannot be introduced in either House of Parliament without the recommendation of the President. Where the proposal affects the area, boundaries or name of a State, the President refers the Bill to the concerned State Legislature for expressing its views.
However, ratification by the States is not required for the creation of a new State. Article 4(2) expressly provides that a law made under Article 2 or Article 3 is not deemed to be a Constitutional Amendment for the purposes of Article 368. Therefore, the Special Majority required for a Constitutional Amendment is not necessary.
Consequently, a Bill for creating a new State is passed through the ordinary legislative process by a simple majority in Parliament; neither a two-thirds majority nor ratification by two-thirds of the States is required.