Article 3 of Constitution of India: Formation of new States and alteration of areas, boundaries or names of existing States

Article 3 of the Constitution of India deals with formation of new States and alteration of areas, boundaries or names of existing States

Original Text of Article 3 of Constitution of India

Parliament may, by law—

• form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
• increase the area of any State;
• diminish the area of any State;
• alter the boundaries of any State;
• alter the name of any State:

[Provided that no Bill for the purpose 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 2***, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.]

Explanation I.—In this Article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.

Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory

Article 3 of Constitution of India Explanation

Article 3 of Indian Constitution deals with internal adjustments of the states of the Union of India.

Parliament’s authority regarding the reorganization of the states

The Parliament enjoys unrestricted powers in the matters of reorganization of the states and the Union territories. It can change the political map of India at its will. It has been rightly described as an “indestructible union of destructible states”.

Article 3 authorizes the Parliament to:

Create a new State by carving out territory from any State or by merging two or more States or parts of States or by merging any territory to a part of any State;

• Increase the area of any State;
• Diminish the area of any State;
• Alter the boundaries of any State;
• Alter the name of any state.

However, the Article provides for two conditions:

1. The Bill which proposes such changes can not be introduced in the Parliament except with the prior recommendation of the President.
2. The Bill has to be referred by the President to the concerned Legislature of the state to express its view within the specified period. However, the President is not bound by the views expressed by the Legislature. Furthermore, in the case of Union territory, no such reference is required to be made to the concerned Legislature.

List of Amendments in Article 3 of Constitution of India:

Debate on Article 3 of Constitution of India:

On 17^th  and 18^th November 1948 and 13^th October 1949, the Draft article 3 was debated. It empowered the Parliament of India to make laws relating to the formation of new states and alteration of existing states.

One member strongly believed that any proposal to modify an existing state should originate from the respective state Legislature rather than the Parliament. Both the state legislature and the people residing in the state should participate in the decision-making process, ensuring consultation with the people affected.

The Argument emphasized the importance of a “democratic regime” seeking input from stakeholders rather than unilaterally imposing directives. The draft article, in its current form, was criticized for compromising federalism and endowing the centre with unwarranted and excessive powers.

This Argument did not persuade everyone. Another member highlighted that this suggestion might suppress the calls from minority groups seeking separate states, given the challenges of securing a state’s endorsement for its separation. Moreover, the chairman of the Drafting Committee considered this proposal redundant, given an amendment he proposed. This amendment aimed to introduce a clause mandating the President to consult with the relevant states before enacting any law under the specified Article.

The assembly adopted a Draft Article with amendments as moved by the Drafting Committee.

Related Questions of Article 3 of Constitution of India

For Further Reference:

Read the Constitution of India

Read the Union and its Territory.

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