Q. Consider the following statements:
1. Article 3 provides for the admission of new states that are not part of the Union of India.
2. Settlement of an international boundary dispute does not require a constitutional amendment.
3. The 100th Constitutional Amendment Act of 2015 was enacted to give effect transfer of territories between India and Bangladesh.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect. Article 2 grants two powers to the Parliament:
- the power to admit into the Union of India new states
- the power to establish new states. The first refers to the admission of states which are already in existence, while the second refers to the establishment of states which were not in existence before. Article 3 relates to the formation of or changes in the existing states of the Union of India.
Statement 2 is correct. The Supreme Court in 1969 ruled that settlement of an international boundary dispute does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
Statement 3 is correct. The 100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh
| Important Tips The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368 |
