Previous Year Question
Given below are two statements, one is labelled as Assertion (A) and other as Reason (R) –
Assertion (A) – The President can recommend to the Parliament to change the boundary of any state after seeking views of the concerned Legislature of that state on the subject within specified period.
Reason (R) – It is not mandatory for the President to accept the proposal of the concerned State Legislature.
Select the correct answer using the code given below –
Both (A) and (R) are true and (R) is correct explanation of (A)
Both (A) and (R) are true but (R) is not correct explanation of (A)
(A) is false but (R) is true
(A) is true but (R) is false
Correct Answer: B
Detailed Solution
This question is based on Article 3 of the Constitution. Under Article 3, Parliament may by law increase or diminish the area of a State, alter its boundaries, or alter its name.
Assertion (A) is true. A Bill for such a purpose cannot be introduced in either House of Parliament except on the recommendation of the President. Where the proposal affects the area, boundaries or name of a State, the President refers it to the Legislature of that State for expressing its views within a specified period.
Reason (R) is also true. Obtaining the views of the concerned State Legislature is part of the constitutional procedure, but those views are not binding. The Constitution provides the State Legislature an opportunity to express its views; the ultimate legislative power remains with Parliament. Article 3 requires the views of the State Legislature, not its consent.
However, Reason (R) is not the correct explanation of Assertion (A). The Assertion concerns the constitutional procedure requiring the President's recommendation and consultation with the State Legislature. The Reason merely states that the views of the State Legislature are not binding on the President or Parliament. This non-binding character does not explain why that constitutional procedure is required.
An important additional fact is that under Article 4, a law made under Article 2 or Article 3 that makes necessary changes in the First or Fourth Schedule is not deemed to be a constitutional amendment for the purposes of Article 368.
Thus, three points should be kept distinct for examination purposes—President's recommendation is necessary → views of the affected State Legislature must be sought → consent of the State Legislature is not necessary.