Under the Constitution of India, the power to carve out or create a new state is vested in which of the following authorities?

Difficulty: Easy

Correct Answer: The Parliament of India

Explanation:


Introduction / Context:
India is a federal country with a strong centre, and the power to alter the map of the country is an important constitutional subject. The Constitution lays down a specific procedure under which new states can be created, boundaries can be changed, or names can be altered. Questions about who finally holds this power are very common in exams on Indian polity. This question checks whether the learner knows that the authority is not an ad hoc commission or the President alone, but the Parliament acting under a constitutional provision.



Given Data / Assumptions:

  • The question refers to the power to carve out a new state within the Union of India.
  • Several authorities are suggested, including Parliament, the President, the Council of Ministers, a commission, and the Supreme Court.
  • We assume the procedure is the one laid down mainly in Article 3 of the Constitution.


Concept / Approach:
Article 3 of the Constitution of India empowers the Parliament to form new states, change areas, boundaries, or names of existing states. The President plays a role by recommending a Bill to Parliament and by referring it to the concerned state legislature for its views. However, the opinion of the state legislature is not binding on Parliament. Commissions like the States Reorganisation Commission may advise, but they do not enjoy constitutional law making power. The Supreme Court interprets the Constitution but does not itself pass such laws. Therefore, the key concept is that the final law making authority in this matter is the Parliament of India.



Step-by-Step Solution:
Step 1: Recall that the power to create a new state is contained in Article 3 of the Constitution.Step 2: Note that a Bill for this purpose can be introduced in Parliament only with the prior recommendation of the President.Step 3: Understand that the President then refers the Bill to the concerned state legislature to seek its opinion.Step 4: Recognise that despite this consultation, the actual law creating or altering a state is passed by Parliament as an ordinary law.Step 5: Conclude that the power to carve out a new state is vested in the Parliament of India.


Verification / Alternative check:
A cross check can be made by recalling recent state formations, such as the creation of Telangana. In each case, a Reorganisation Act was passed by the Parliament after the constitutional procedure. While the President was involved in recommending the Bill and state legislatures gave their views, it was Parliament that passed the law. The Supreme Court did not create the state through a judgment, and no commission directly created it by an order. This practical example confirms that the final power lies with Parliament.



Why Other Options Are Wrong:
The Council of Ministers advises the President but does not itself enact the law. The President has to recommend the Bill and perform a consultative role, yet does not alone exercise the power to create states. The States Reorganisation Commission, historically important in recommending changes, had advisory status only. The Supreme Court may review constitutional questions that arise, but it does not itself pass the Reorganisation Act. Hence these bodies are involved in different ways but are not the primary holders of this power.



Common Pitfalls:
Students sometimes assume that because the President gives prior recommendation, the President must be the real authority. Others confuse advisory commissions with constitutional organs. It is important to remember that in a parliamentary democracy, law making power lies in Parliament. For questions about creation or alteration of states, the safe rule is to link the final power with Parliament, not with the President acting alone.



Final Answer:
The Parliament of India

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