Reorganisation of States under Article 3

Article 3 empowers Parliament to reorganise India's internal political map by law. It may form a new State, unite or separate territories, or alter the area, boundaries or name of an existing State, subject to a constitutionally prescribed consultation process.

Scope of Parliament's power

• Parliament may form a new State by separating territory from a State, uniting two or more States or parts of States, or uniting territory with part of a State.
• It may increase or diminish a State's area and alter its boundaries or name.
• For these purposes, the term State generally includes a Union Territory, as clarified by the explanations to Article 3.

Constitutional procedure

Reorganisation is undertaken through a parliamentary law, but the Constitution imposes special conditions before the Bill can be introduced.

• The Bill may be introduced in either House of Parliament only on the recommendation of the President.
• If the proposal affects the area, boundaries or name of a State, the President must refer it to that State Legislature for expressing its views within a specified or extended period.
• The State Legislature's role is consultative: Parliament is not bound by its views and may accept or reject them.
• After consultation, Parliament may pass the Bill by a simple majority under the ordinary legislative procedure.

Consequential changes

Under Article 4, the reorganisation law may amend the First and Fourth Schedules and include supplemental, incidental and consequential provisions, including provisions concerning representation in Parliament and State Legislatures.

• Such a law is not deemed a constitutional amendment for the purposes of Article 368.
• Therefore, neither a special parliamentary majority nor ratification by the States is required.

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