Formation of new States and alteration of areas, boundaries or names of existing States
Article 3 — Formation of new States and alteration of areas, boundaries or names of existing States
- 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 States12***, 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.]
Plain English Summary
This article gives the Parliament the power to create new states, change the borders or names of existing states, increase or decrease the area of a state, or merge parts of states together. However, this power is subject to certain procedures involving the President and the affected states.
Key Points
- Parliament can form a new state by splitting territory from an existing state or by joining two or more states together.
- Parliament can change the area, boundaries, or name of any existing state.
- The process requires the President's recommendation and consultation with the affected State Legislature.
- The definition of "State" in this article includes Union Territories, but not in the proviso to the condition.
Why It Matters
This article is crucial as it outlines the constitutional mechanism through which the geographical structure of India can be altered, affecting state boundaries and identities.
Landmark Judgements
No major landmark judgements.