UPPSC PCS - 2016

A Bill for the purpose of creating a new State in India must be passed by

Year Asked: 2016

A
A simple majority in Parliament and ratification by not less then two-third of the States.
B
A simple majority in Parliament
C
A two-third majority in Parliament and ratification by not less than two-third of the States.
D
None of the above.

Correct Answer

B. A simple majority in Parliament

Detailed Explanation

The correct answer is B. A bill to create a new State is passed by a simple majority in Parliament. Article 3 empowers Parliament to form new States and alter boundaries or names of existing ones by law. Article 4 clarifies that such a law is not to be treated as an amendment under Article 368, so the special majority and ratification process do not apply.

  • Option A is wrong: State ratification is required only for amendments under Article 368 that affect the matters listed in the proviso, such as the Union's representation in Parliament. Article 3 needs no ratification by States.
  • Option C is wrong: A two-thirds majority is needed only for constitutional amendments under Article 368. Article 4 expressly excludes reorganisation laws from that route.
  • Option D is wrong: Since B is correct, "None of the above" cannot be right.

The President must refer the bill to the concerned State legislature for its views, but those views are not binding. This is a key feature of the Union's dominance in territorial reorganisation. Telangana (2014) and Ladakh (2019, as a Union Territory) show how this works. For Mains, it links to the debate on federalism and whether the Centre's power to reshape States weakens the federal bargain.

Trap: Aspirants confuse Article 3 with Article 368 and assume the two-thirds plus ratification rule applies to every change to the Constitution. Remember that Article 4 specifically keeps reorganisation laws outside Article 368.

This question appeared in UPPCS 2016 GS Paper 1.

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