Article 3 empowers the Parliament to form of new state and alteration of areas, and boundaries
According to Article 3, Parliament can enact a law to form a new state by:
o Separation of territory from any State or
o Uniting two or more States or
Uniting parts of a State or States or
O Uniting any territory to a part of any State
Also, the Parliament can enact law to:
-Increase the area of any state
-Diminish the area of any state.
-Alter the boundaries of any state.
-Alter the name of any state.
Thus, the Constitution provides for an ‘indestructible union of destructible states’.
This power is one of the non-federal features of the Constitution because the consent or concurrence of the affected states is not needed. However, the power is liberally conferred on
union government with reasons which are as follows:
- Indian federation is different from other federations and is unique. It is not formed by
the alliance of compact and independent states. - So, if the national interest demands, the union government must have the power to reorganize the states in accordance with the needs of the circumstances.
- The existing provincial organization at the time of independence was made by the British.
- Such organization was ‘the result of accident and the circumstances attending the growth of the British power in India and partly a byproduct of the historic process of the integration of former Indian states.
- But after independence, the states had to be organized according to the natural alignments.
Procedure
The procedure for the creation of new states or altering the names, area op boundary of any state is provided in Article 3 and 4.
A bill to reorganize the state(s) can be introduced in either Rajya Sabha or Lok Sabha.
The bill is an ordinary bill.
The bill must be introduced only with the previous recommendation of the President.
The President must refer the bill to the the legislatures of those states that will be affected by the reorganization before he recommends the introduction of the bill in the Parliament.
While referring to the legislatures of state, the President will prescribe the time period within
which the states have to express their opinion on the bill.
The time limit prescribed by the President is binding on the legislatures of states and they must express their views within the said time.
The opinion of the state legislatures is not binding on the President. Even if the state expressed a negative view the President can introduce the bill.
On the introduction of the bill, the two Houses of the Parliament shall pass the bill and upon pas-sage, the state(s) get reorganized.
Any amendment to Schedule I and the Schedule IV as a consequence of the reorganization of the state under Article 3 or admission of any state under Article 2 is not considered as an amendment for the purpose of Article 368.
The law enacted for the purpose shall itself make the necessary amendments.