A:
Parliament has the authority to admit a new State into the territory of India under article 3 of the constitution of India.
B:
Parliament may create a new State as a part of the Union of India under article 3 of the Constitution, but only if the legislatures of the States affected pass a resolution with two-thirds majority to that effect.
C:
The Legislatures of the States affected may create a new State as a part of the Union of India by passing a resolution with two-thirds majority to that effect.
D:
Parliament may create a new State from the territory of existing States under article 3 of the Constitution, on the recommendation of the President, and if the Bill for this purpose has been referred to the Legislatures of the states affected for their views, and the time period for receiving such views has expired.
E:
Parliament may create a new State from the territory of existing States under article 4 of the Constitution; in order to do this, it must amend the provisions of the First and Fourth Schedule of the Constitution accordingly and need not pass any other resolution.
Explanation
The correct option in relation to the formation of a new State from the territory of existing States is:
D: Parliament may create a new State from the territory of existing States under article 3 of the Constitution, on the recommendation of the President, and if the Bill for this purpose has been referred to the Legislatures of the states affected for their views, and the time period for receiving such views has expired.
Explanation:
Option D correctly summarizes the process for creating a new State from the territory of existing States in India, which is governed by Article 3 of the Indian Constitution. Here's a breakdown of the process:
• Parliament, on the recommendation of the President, may propose the creation of a new State or alteration of the boundaries of existing States.
• Before such a Bill is passed by Parliament, it is usually referred to the Legislatures of the states affected for their views.
• The time period for receiving the views of the affected state legislatures is crucial. If the state legislatures do not communicate their views within the specified time, it is generally taken as their agreement.
• After considering the views or lack of response from the affected state legislatures, Parliament may proceed to pass the Bill with a simple majority.
Options A, B, and C do not accurately reflect the complete process and requirements as outlined in Article 3 of the Indian Constitution. Option E is not accurate because it refers to Article 4, which primarily deals with the provisions for the amendment of the Constitution itself, rather than the creation of new states.
