RAS question
A bill under Article 3 for the formation of a new State requires:
Correct answer: (D) Prior recommendation of the President; opinion (not consent) of the affected State legislature.
A Bill under Article 3 for forming a new State needs the President's prior recommendation and the affected State legislature's views, not its consent.
Explanation
Article 3 gives Parliament the power to form a new State, alter a State's area or boundaries, or change its name. Its proviso sets the procedural gate: such a Bill cannot be introduced in either House of Parliament except on the recommendation of the President. If the proposal affects a State's area, boundaries or name, the President must refer the Bill to that State legislature so it can express its views within the specified or allowed period. The key exam point is the word "views": the State legislature is consulted, but its consent is not required and Parliament is not bound by its opinion. A simple majority is sufficient.
Why the other options are wrong
- (A) Ratification by half the State legislatures is not part of Article 3; the article requires referral to the affected State legislature for its views.
- (B) This option wrongly adds State consent, while Article 3 requires only the affected State legislature's opinion after the President's reference.
- (C) A two-thirds majority is not required here, because a simple majority suffices for an Article 3 Bill.
Concept
This tests the federal structure and Parliament's power to reorganise States under Article 3. It recurs in RAS because the trap is the distinction between consultation with a State legislature and legally binding consent.