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    A state can be changed to a Union Territory by following which procedure?
    Question

    A state can be changed to a Union Territory by following which procedure?

    A.

    Amending the Constitution of India in the prescribed manner

    B.

    Passing a bill in Parliament like any other Bill

    C.

    Introducing a Bill on the recommendations of the President and approval of the state legislature concerned

    D.

    Introducing a Bill on the recommendations of the President after seeking opinion of the state legislature concerned and passing the bill by simple majority in Parliament

    Correct option is D

    The correct answer is (d) Introducing a Bill on the recommendations of the President after seeking opinion of the state legislature concerned and passing the bill by simple majority in Parliament.

    Explanation

    The procedure for changing a State into a Union Territory (or altering its boundaries, area, or name) is laid down in Article 3 of the Indian Constitution. Unlike many other federations where the units (states) are "indestructible," the Indian Constitution allows for the reorganization of states through a centralized process.

    • Presidential Recommendation: A Bill for this purpose cannot be introduced in either House of Parliament without the prior recommendation of the President.
    • Consulting the State Legislature: If the Bill affects the area, boundaries, or name of a State, the President is required to refer the Bill to the concerned State Legislature to express its views within a specified period.
    • Non-Binding Nature of Views: The views expressed by the State Legislature are not binding on the President or the Parliament. The Parliament can accept or reject these views and proceed with the Bill regardless.
    • Simple Majority: Under Article 4, such a law is not deemed to be an amendment of the Constitution for the purposes of Article 368. Therefore, it can be passed by a simple majority (more than 50% of the members present and voting) like any ordinary piece of legislation.

    Information Booster:

    This unique power of the Parliament is why India is often described as an "Indestructible Union of Destructible States."

    Key Recent Example: The Jammu and Kashmir Reorganisation Act, 2019, utilized this procedure. The State of Jammu and Kashmir was reorganized into two Union Territories—Jammu & Kashmir (with a legislature) and Ladakh (without a legislature). The Supreme Court, in the In Re: Article 370 case (2023), upheld the Parliament's power to carve out a Union Territory from a State.

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