Article 3 of the Constitution of India, found in Part I (“The Union and its Territory”), grants significant powers to the Parliament to reorganize the political map of India internally. It allows for the creation of new states and the alteration of existing states’ areas, boundaries, or names.
Text of Article 3
The article, as amended, reads as follows:
“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.
Detailed Explanation
Let’s dissect the provisions of Article 3:
Powers of Parliament (Clauses (a) to (e))
Parliament is empowered to make laws to:
- Clause (a): Form a new State:
- By separating territory from an existing State (e.g., Telangana from Andhra Pradesh).
- By uniting two or more States or parts of States (a less common scenario post-independence for forming a single new state from multiple entire states).
- By uniting any territory (which could be a Union Territory or an unorganized territory) to a part of any State.
- Clause (b): Increase the area of any State: This could happen by adding territory from another state or a Union Territory.
- Clause (c): Diminish the area of any State: This occurs when territory is taken from a state to form a new state or is added to another state or Union Territory.
- Clause (d): Alter the boundaries of any State: This involves changing the demarcating lines between states.
- Clause (e): Alter the name of any State: For example, Orissa was renamed Odisha; United Provinces was renamed Uttar Pradesh.
Conditions for Introducing a Bill (The Proviso)
The exercise of these powers is subject to two crucial conditions outlined in the proviso:
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President’s Recommendation: A bill for any of the purposes mentioned in clauses (a) to (e) can only be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) on the prior recommendation of the President of India.
- This ensures that the executive branch, representing the Union, has considered the proposal before it is tabled in Parliament.
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Reference to State Legislature(s):
- If the bill proposes to affect the area, boundaries, or name of any existing State(s), the President must refer the bill to the Legislature(s) of the concerned State(s).
- The purpose of this reference is for the State Legislature(s) to express their views on the proposed changes.
- The President specifies a period within which the State Legislature(s) must express their views. This period can be extended by the President.
- Crucially, Parliament is not bound by the views expressed by the State Legislature(s). Whether the state(s) agree or disagree, or offer suggestions, Parliament can proceed with the bill in its original form or with modifications. The views are merely recommendatory.
- If the State Legislature(s) do not express their views within the specified or extended period, Parliament can still proceed with the bill.
- It is also not necessary to make a fresh reference to the State Legislature every time an amendment to the bill is proposed and accepted in Parliament.
Explanations
- Explanation I: Clarifies that for the substantive powers in clauses (a) to (e), the term “State” also includes a Union Territory. This means Parliament can, for example, form a new Union Territory, alter the boundaries of a Union Territory, or change its name using the powers under Article 3. However, for the purpose of the proviso (referral to the legislature), “State” does not include a Union Territory. This is because Union Territories are centrally administered and do not have the same federal standing as States; their legislatures (if any, like Delhi or Puducherry) do not have the same constitutional right to be consulted under this proviso in the same manner as State Legislatures.
- Explanation II: Clarifies that the power to form a new State under clause (a) also includes the power to form a new Union Territory. This means Parliament can create a new Union Territory by separating territory from a State or another Union Territory, or by uniting parts of States or Union Territories.
Important Notes and Comments
- “India, an Indestructible Union of Destructible States”: Article 3 is the primary constitutional provision that leads to this famous description. While the Union of India itself cannot be dissolved and no state has the right to secede (as established by Article 1), the individual states do not have a guarantee of their territorial integrity or continued existence in their current form. Parliament can unilaterally alter them.
- Simple Majority: Similar to laws under Article 2, laws made under Article 3 are not considered constitutional amendments under Article 368. Article 4(2) explicitly states this. Therefore, such bills can be passed in Parliament by a simple majority (majority of members present and voting), not requiring a special majority.
- Parliament’s Overriding Power: The fact that the views of the State Legislatures are not binding on Parliament underscores the strong unitary bias in the Indian federal system. The ultimate authority for reorganizing states rests with the Union Parliament.
- Procedure is Mandatory but Views are Not: While the President must refer the bill to the state legislature(s) concerned if their area, boundary, or name is affected, and must wait for the specified period to expire, the acceptance of the views expressed is not mandatory.
- No Power to Cede Indian Territory to a Foreign State: The Supreme Court in the Berubari Union case (1960) held that the power of Parliament to diminish the area of any State under Article 3(c) does not cover the cession of Indian territory to a foreign country. Such cession can only be done by amending the Constitution under Article 368. Article 3 is meant for internal readjustments of the territories of the constituent states of the Union.
- Historical Context: Article 3 has been used extensively since the commencement of the Constitution, most notably for the linguistic reorganization of states in the 1950s and 1960s (based on the States Reorganisation Act, 1956) and subsequently for the creation of newer states like Nagaland (1962), Haryana (1966), Himachal Pradesh (1970), Meghalaya, Manipur, Tripura (1971), Sikkim (1975 - though its admission was more under the spirit of Article 2 initially), Mizoram, Arunachal Pradesh, Goa (1987), Chhattisgarh, Uttarakhand, Jharkhand (2000), and Telangana (2014).
- Impact on Federalism: This article significantly shapes the nature of Indian federalism. It allows for flexibility in administrative arrangements and accommodates regional aspirations for statehood. However, it also demonstrates the dominance of the Union Parliament over the states in matters of their very existence and territorial configuration.
Article 3 provides a unique mechanism for the evolution of the internal political map of India, ensuring that the administrative units can be adapted to meet changing needs and aspirations, albeit under the supreme authority of the Parliament.