Part I: The Union and Its Territory

Article 3: Formation of New States and Alteration of Boundaries

Introduction:

Article 3 empowers Parliament to reorganize states and union territories, reflecting the evolving political and administrative needs of India. Its procedural safeguards ensure consultation with affected state legislatures and maintain the Union's integrity.

Provisions under Article 3

(a) Formation of New States: Parliament may form a new State by separating territory from an existing State, uniting two or more States, or integrating any territory into a part of any State.

(b) Increase of State Area: The area of any State may be increased by Parliament through legislation.

(c) Diminishing the Area of a State: Parliament holds the power to reduce the area of any State through legislative action.

(d) Alteration of State Boundaries: Boundaries of any State may be altered by Parliament through proper legislative procedure.

(e) Alteration of State Names: The name of any State may be changed by Parliament through legislation.

Conditions for Introducing a Bill:

The power granted to Parliament under Article 3 is not absolute. The following conditions must be met before introducing a Bill:

• Recommendation of the President: A Bill proposing the alteration of State boundaries, area, or name can only be introduced in Parliament upon the President’s recommendation.
• Reference to State Legislature: If the Bill affects the area, boundaries, or name of any State, it must be referred by the President to the Legislature of the affected State for its views. The Legislature is required to provide its opinion within a period specified by the President, which may be extended if necessary.

Amendments to Article 3:

• Constitution (Fifth Amendment) Act, 1955: Clarified the time period within which the State Legislature must express its views on the Bill.
• Constitution (Eighteenth Amendment) Act, 1966: Added explanations to include Union Territories in the definition of "State" and clarified the power to unite territories.

Legislative History:

Article 3 underwent detailed discussions in the Constituent Assembly on November 17-18, 1948, and October 13, 1949. Dr. B.R. Ambedkar's proposals balanced central authority with consultation rights for state legislatures.

Debates and Deliberations:

The Constituent Assembly engaged in detailed debates regarding the formation and reorganization of states:

• Prof. K.T. Shah argued for local referendums, emphasizing that boundary changes should reflect the affected population's will.
• Dr. B.R. Ambedkar proposed a balanced approach, requiring consultation with state legislatures while maintaining central authority.
• Pandit Hirday Nath Kunzru advocated for equal treatment of provinces and princely states, emphasizing fairness in the reorganization process.

Ultimately, Article 3 was adopted, requiring the President’s recommendation and state legislature consultation for state alterations.