Actual Article
Article 3: Formation of new States and alteration of areas, boundaries or names of existing States
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, 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.
UPSC Notes for Article 3
Explanation:
- Formation and Alteration: Article 3 empowers Parliament to form new states, alter boundaries, increase or decrease the area, and change the names of states.
- Presidential Recommendation: Any Bill for such purposes must be introduced with the recommendation of the President.
- State Legislature Consultation: The Bill must be referred to the legislature of the affected state(s) for their views, though their consent is not mandatory.
Key Points:
- Parliament’s Exclusive Power: Parliament holds the exclusive authority to reorganize state boundaries and names.
- Constitutional Procedure: Ensures a structured approach requiring Presidential and state legislature involvement.
- Adaptability: Provides flexibility to reorganize states for administrative efficiency and socio-political reasons.
Important Cases and Commissions Related to Article 3
Cases:
- Berubari Union Case (1960): Clarified that Article 3 pertains to internal reorganization within India, and cession of territory to a foreign country requires a constitutional amendment under Article 368.
- State of West Bengal vs. Union of India (1963): Reaffirmed Parliament’s power under Article 3, stating that no state’s consent is necessary for altering boundaries.
Commissions:
- States Reorganization Commission (1953): Played a crucial role in the reorganization of states on linguistic lines, which led to significant changes under Article 3.
- Sarkaria Commission (1983): Although focused on Centre-State relations, it also addressed the reorganization of states and the need for balanced federalism.
Important Reports Related to Article 3
- States Reorganization Commission Report (1955): Recommended reorganization based on linguistic and administrative criteria, leading to the formation of new states.
- Punchhi Commission Report (2007): Reviewed Centre-State relations and suggested ways to handle demands for new states and alterations in boundaries.
Anything Important Left Related to Article 3
- Implementation Examples: The creation of states like Telangana, Jharkhand, Chhattisgarh, and Uttarakhand are recent examples of Article 3 in action.
- Federal Balance: Article 3 ensures that the federal structure of India can be dynamically adjusted to address regional demands and administrative efficiency.
- Socio-political Considerations: Reorganization under Article 3 often considers cultural, linguistic, and regional identities, balancing them with administrative needs.
By understanding Article 3, UPSC aspirants can grasp how the Indian Constitution provides mechanisms for internal territorial adjustments to ensure administrative efficiency and address socio-political demands. This knowledge is crucial for both the preliminary and main examinations, providing insights into the legislative process and federal structure of India.