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Showing posts with label separation of territory from any State. uniting two or more States. Show all posts
Showing posts with label separation of territory from any State. uniting two or more States. Show all posts

Form new States and alter areas, boundaries or names of existing State?

 Article 3 of the Indian Constitution deals with the formation of new States and alteration of areas, boundaries or names of existing States.


It states that Parliament may by law:

(a) Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) Increase the area of any State;

(c) Diminish the area of any State;

(d) Alter the boundaries of any State;

(e) Alter the name of any State;

In other terms, Indian Parliament under Article 3 of the Constitution of India may form or establish a new State in following ways:

i. By separation of territory from any State or

ii. By uniting two or more States or

iii. By uniting any parts of States or

iv. By uniting any territory to a part of any State.

Further, this Article provides that no Bill for this purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

If the concerned State Legislatures, to whom the Bill has been referred, do not express their views within prescribed period, the Bill may be introduced in Parliament. In Babulal v. State of Bombay, AIR 1960 SC 51, the Court held that if the State Legislature has expressed its views within time/extended time, the Parliament is not bound to accept or act upon the views of the State Legislature.

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