Whether section 8 of the States Reorganisation Act, 1956 stands in contravention of Article 3 of the constitution?
Whether the word " proposal" mentioned in the proviso of Article 3 also includes subsequent amendments made to the proposal?
Article 3 lists down the powers of the parliament to make a law in respect of any of the five matters mentioned in clauses (a) to (e) thereof. These powers include the power to make laws to increase the area of any State; diminish the area of any State, and alter the name of any State.
But, the proviso to this article lays down two conditions for the exercise of this power. It states that no bill shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon.