Political Science, asked by RivinRoy7218, 1 year ago

Is constitutional ammendment is required to alter the boundries of the state in india

Answers

Answered by Thakurs109
0

The provisions for creating new states, and changing the boundaries of new states are provided in Articles 2-4 of the Constitution.

Simply put, a simple law passed by both the Lok Sabha and Rajya Sabha is enough to create a new state. However, only the central government (“President”) can introduce a Bill for this purpose. And before introducing the Bill, the states which will be affected have to be consulted.

The process of consultation followed has the following features:

(1) The matter is referred to the legislatures of the affected states.

(2) No specific time period within which states have to send their decision back to the centre has been mentioned in the Constitution. The central government can specify the time period while referring the matter.

(3) The Constitution does not mention that the state legislatures have to agree to the proposed creation/alteration of states.

The Parliament can therefore, pass a law creating a new state even if affected states do not agree to the proposal.

Lastly, the names of the states in the Union are mentioned in the

First Schedule of the Constitution.

Similarly, the Fourth Schedule lists the number of seats each state is allotted in the Rajya Sabha. Any law creating a new state would necessarily affect these two Schedules.

Schedules to the Constitution are usually considered parts of the Constitution, and any change to the Schedules has to be done through a constitutional amendment.

However, Article 4(2) of the constitution clearly says that no law creating or altering a new state will be considered a Constitutional Amendment.

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