What is the procedure for the amendment of state boundaries in India?

Answer By law4u team

The procedure for the amendment of state boundaries in India involves a constitutional process that requires the approval of both houses of Parliament. The Constitution of India provides the framework for the creation of new states or alteration of existing state boundaries under Article 3. Here is an overview of the procedure: Initiation of the Proposal: The process typically begins with a proposal for the creation of a new state or alteration of state boundaries. This proposal can originate from various sources, including the President of India, a state government, or through a resolution passed by either house of Parliament. Resolution in the State Legislature: If the proposal is not introduced by the President, it must be supported by a resolution passed by the legislature of the concerned state, requesting Parliament's approval for the creation of a new state or alteration of state boundaries. President's Reference to the Legislature: Before introducing the proposal in Parliament, the President may refer the matter to the legislature of the affected state or states for expressing their views within a specified period. While the President is not bound by the views expressed, this step allows for consultation with the concerned states. Introduction of the Bill in Parliament: Based on the proposal and, if applicable, the views expressed by the concerned state legislature, the Union Government introduces a bill in either house of Parliament. This bill contains the provisions for the creation of a new state or alteration of state boundaries. Approval by Parliament: The bill must be passed by both houses of Parliament, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), by a simple majority. A simple majority means that the number of members voting in favor of the bill is more than the number of members voting against it. President's Assent: Once the bill is passed by both houses of Parliament, it is presented to the President for assent. The President's assent is necessary for the bill to become law. Constitutional Amendment: If the proposal involves changes to the First Schedule or the Fourth Schedule of the Constitution, which pertain to the names and boundaries of states and the allocation of seats in the Rajya Sabha, a constitutional amendment may be required. Constitutional amendments require a special majority, i.e., a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting. Notification: After receiving the President's assent, the government issues a notification, and the new state or altered state boundaries come into effect on the date specified in the notification. It's important to note that the process for state boundary alterations is a constitutional process, and the Constitution of India outlines the specific steps and requirements for such changes. Additionally, the alteration of state boundaries is a significant matter that involves careful consideration, consultation, and parliamentary approval.

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