Article 3 and Reorganisation of States

Article 3 empowers Parliament to alter India's internal political map by law. It may form new states and increase or diminish the area of a state, alter its boundaries, or change its name, subject to the prescribed consultative procedure.

Procedure for altering state boundaries

Before such a Bill is introduced, two constitutional requirements must be fulfilled.

• The Bill may be introduced in either House of Parliament, but only on the recommendation of the President.
• If the proposal affects a state's area, boundaries, or name, the President must refer the Bill to that state's legislature for expressing its views.
• The state legislature must communicate its views within the period specified by the President or within any extended period allowed by the President.
• After that period expires, Parliament may consider and pass the Bill, whether or not the state legislature has expressed its views.

Nature of the state's role

The state legislature's role is consultative, not one of consent. Parliament is not bound by its views, so an existing state's boundaries may be altered even when that state opposes the proposal.

Legal form of reorganisation

Under Article 4, a law made under Article 3 may amend the First and Fourth Schedules and include supplemental, incidental, and consequential provisions. Such a law is not treated as a constitutional amendment under Article 368 and is therefore passed through the ordinary legislative process by a simple majority.