Article 3 of the Indian Constitution

Article 3 of the Constitution of India
Formation of new States and alteration of areas, boundaries or names of existing States:
Parliament may by law—
(a) 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;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) 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, 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 the Indian Constitution empowers Parliament to reorganise the states of India by creating new ones, altering boundaries, and changing state names. Since independence, this provision has been a decisive factor in shaping the territorial and political landscape of the country, balancing administrative efficiency with regional aspirations.

Key Provisions and Powers

Under Article 3, Parliament has the authority to:

• Form new states by separating territory from existing states, uniting two or more states or parts of states, or adding territory to a state.
• Increase or decrease the area of any state.
• Alter the boundaries of any state.
• Change the name of any state.

For these purposes, the term “state” also includes Union Territories, although the procedural requirements differ.

Procedure for Reorganisation

Any Bill seeking to reorganise states must be introduced in Parliament on the recommendation of the President. If the proposal affects the area, boundaries, or name of a state, the President must refer it to the concerned state legislature for its views. The legislature is required to respond within a period specified by the President, which may be extended. However, Parliament is not bound by the views expressed by the state legislature.

Judicial Interpretation and Case Laws

The Supreme Court has clarified and reinforced the scope of Article 3 through several landmark cases:

• Babulal Parate v. State of Bombay (1960): Held that the President’s reference to the state legislature is not a condition for the validity of the law.
• State of West Bengal v. Union of India (1963): Affirmed that Parliament may alter state boundaries without the consent of the affected state.
• Berubari Union Case (1960): Established that Article 3 does not authorise the cession of Indian territory to a foreign nation; such an act requires a constitutional amendment under Article 368.

Notable Instances of Reorganisation

Article 3 has been invoked in major territorial changes, including:

• State Reorganisation Act, 1956: Restructured state boundaries largely on linguistic lines.
• Creation of Telangana (2014): Formed by bifurcating Andhra Pradesh.
• Bifurcation of Jammu and Kashmir (2019): Reorganised into the Union Territories of Jammu & Kashmir and Ladakh.

Supremacy of Parliament

Judicial decisions have consistently underscored the supremacy of Parliament in matters of state reorganisation. While consultation with the state legislature is part of the process, state consent is not constitutionally required. This approach reflects the overarching authority of the Union in safeguarding national unity and administrative coherence.

Historical Significance

Since 1950, Article 3 has been one of the most frequently applied constitutional provisions for territorial adjustments. It has facilitated the accommodation of diverse cultural, linguistic, and political identities within India’s federal framework while preserving the unity of the nation.