Question

Creation of a new state requires a majority for Constitutional Amendment.
1. Simple
2. Two-third
3. Three-fourth
4. Two-third plus ratification by half of all states
5. None of the above/More than one of the above

Answer 1

Correct Answer - Option 1 : Simple

The correct answer is Simple.

• The creation of a new state requires a simple majority for Constitutional Amendment.
• Constitutional Amendment:
  • Like any other written Constitution in the world, the Constitution of India also provides for its amendment in order to adjust itself according to the changing conditions and needs.
  • Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
  • It states that the Parliament may amend the Constitution by way of addition, variation or repeals any provision in accordance with the procedure laid down for the purpose.
  • However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.
  • This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).

• First Amendment Act, 1951:
  • Empowered the state to make special provisions for the advancement of socially and economically backward classes.
  • Provided for the saving of laws providing for the acquisition of estates, etc.
  • Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.
• Seventh Amendment Act, 1956:
  • The second and Seventh Schedules were amended.
  • Abolished the existing classification of states into four categories i.e., Part A, Part B, Part C, and Part D states, and reorganised them into 14 states and 6 union territories.
  • Extended the jurisdiction of high courts to union territories.
  • Provided for the establishment of a common high court for two or more states.
  • Provided for the appointment of additional and acting judges of the high court.
• Forty Second Amendment Act, 1976:
  • Added three new words (i.e., socialist, secular and integrity) in the Preamble.
  • Added Fundamental Duties by the citizens (new Part IV A).
  • Made the president bound by the advice of the cabinet.
  • Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
  • Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 – Population Controlling Measure.
• Forty-Fourth Amendment Act, 1978:
  • Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
  • Restored the provisions with regard to the quorum in the Parliament and state legislatures.
  • Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
  • Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
• One Hundred Third Amendment Act, 2019:
  • It introduced reservations for Economic Weaker Section for the first time in independent India
  • Amendment in Article 16 allows a 10% reservation to EWS in public employment.