Overview
Article 3 empowers Parliament to reorganise the internal political boundaries of India. It provides the constitutional mechanism for the formation of new States and alteration of existing State boundaries.
It reflects the flexible nature of Indian federalism, where territorial reorganisation can be carried out through parliamentary legislation rather than a constitutional amendment under Article 368.
Scope of Article 3
Parliament may by law:
- Form a new State by separation of territory from any State
- Unite two or more States or parts of States
- Unite 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
This power extends to both States and Union Territories.
Procedure under Article 3
Step 1: Introduction of Bill
- A Bill for reorganisation can be introduced in either House of Parliament.
- It can be introduced only on the recommendation of the President.
Step 2: Reference to State Legislature
- Before introduction, the President refers the Bill to the concerned State Legislature for expressing its views.
- The State Legislature must respond within the time specified by the President.
Step 3: Nature of State’s Opinion
- The views of the State Legislature are advisory and not binding.
- Parliament can proceed even if the State rejects or fails to respond within the stipulated time.
Step 4: Parliamentary Approval
- The Bill is passed by a simple majority in Parliament.
- It does not require a special majority.
Relation with Article 4
Article 4 states that laws made under Article 3 may include:
- Supplemental, incidental and consequential provisions
- Amendments to the First Schedule (States and Union Territories)
- Amendments to the Fourth Schedule (Rajya Sabha seats)
Such changes are not treated as constitutional amendments under Article 368.
Constitutional Significance
- Demonstrates the unitary tilt of Indian federalism
- Ensures national integrity while allowing administrative flexibility
- Enables peaceful territorial reorganisation
Important Examples
- Creation of Andhra Pradesh in 1953
- States Reorganisation Act, 1956
- Formation of Chhattisgarh, Jharkhand and Uttarakhand in 2000
- Creation of Telangana in 2014
- Reorganisation of Jammu and Kashmir in 2019
Judicial Interpretation
The Supreme Court has held that Parliament’s power under Article 3 is plenary, subject only to procedural requirements. The consent of the concerned State is not mandatory.
Conclusion
Article 3 provides Parliament with extensive authority to reshape India’s internal boundaries. While it preserves flexibility and administrative efficiency, it also underscores the strong Centre characteristic of Indian federalism.
