Article 3 and Formation of New States

Article 3 empowers Parliament to reorganise India's internal political map by forming new States and altering the area, boundaries or names of existing States. A new State may be created by separating territory from a State, uniting States or parts of States, or combining territory with part of a State.

Scope of Parliament's power

Under Article 3, Parliament may form a new State, increase or diminish a State's area, alter its boundaries, or change its name. This power makes territorial reorganisation primarily a parliamentary function rather than a compact requiring agreement among States.

Procedure for introducing the Bill

• A Bill for State reorganisation can be introduced only in either House of Parliament and only on the President's recommendation.
• If the proposal affects the area, boundaries or name of a State, the President must refer it to that State's legislature for expressing its views within a specified or extended period.
• The State legislature's views are advisory, not binding. Parliament may accept or reject them, so the Constitution requires consultation rather than State consent.

Passage and constitutional effect

After the consultation period expires, Parliament may pass the Bill through the ordinary legislative process, by a simple majority of members present and voting. Following presidential assent, it becomes law.

• Under Article 4, the law may amend the First Schedule and Fourth Schedule and include supplemental, incidental and consequential provisions.
• Such a law is not treated as a constitutional amendment under Article 368, even though it changes constitutional schedules.