Article 3 of the Indian Constitution:

Article 3 of the Indian Constitution tells us about the formation of new States and the alteration of areas, boundaries, or names of existing States.

According to Article 3, Parliament may by law:

• Form a new state by separating the territory from an existing state, joining two or more states or parts of states, or joining any territory to a part of an existing state.
• Increase the area of any State.
• Reduced the area of any State.
• Alter the boundaries of any State.
• Change the name of any State.

Article 3 of the Indian Constitution explained:

On the 17th, 18th, and 13th of November 1948, and again on the 17th, 18th, and 13th of October 1949, drafted Article 3 was debated. It gave Parliament the right to enact legislation relating to the formation of new states and the modification of existing states.

In this article, “State” refers to a Union territory in sections (a) to (e), but “State” does not refer to a Union territory in the proviso.

The power conferred on Parliament by clause (a) includes the ability to create a new State or Union territory by joining parts of one State or Union territory to another.

History of Article 3 of the Indian Constitution:

One member was adamant that any proposal to change an existing state should come from the state legislature, not the parliament. The citizens of a state, as well as the state legislature, must be consulted and participated in this choice. He went on to say that a “democratic government” must “consult” stakeholders before making a choice rather than simply imposing top-down commands. In its current form, the Draft Article jeopardizes federalism by vesting the Center with “unnecessary” and “excessive” power.

This suggestion did not persuade everyone. Another member expressed concern that this approach would limit minority aspirations for separate states because it would be impossible to persuade a state to accept its own split. In light of an amendment proposed by him, the Chairman of the Drafting Committee deemed this suggestion unnecessary. He wanted to insert a clause in the amendment that required the President to confer with the involved states before passing any law under this Article.

Draft Article 3 was accepted by the Assembly with revisions proposed by the Drafting Committee.

Important points on Article 3 of the Indian Constitution:

• Article 3 has the power to create new states and change the areas, boundaries, and names of existing states.
• However, Article 3 stipulates two conditions in this regard: first, a bill proposing the above changes can only be introduced in Parliament with the President’s prior approval; and second, before recommending the bill, the President must refer it to the state legislature concerned for a period of time to express its views.
• Furthermore, Parliament’s power to create new states includes the ability to create a new state or union territory by joining parts of one state or union territory to another.
• Even if the views of the state legislature are received on time, the President (or Parliament) is not bound by them and may accept or reject them.
• Furthermore, it is not essential to refer the law to the state assembly each time a change is proposed and approved in Parliament.
• In the event of a union territory, no referral to the relevant legislation is required to discover its opinions, and the Parliament can take any action it sees fit.
• So, it is apparent that the Constitution empowers the Parliament to create new states or alter current states’ territories, boundaries, or names without their approval.
• In other words, the Parliament has the power to reshape India’s political geography as it sees fit.
• As a result, the Constitution does not guarantee the territorial integrity or continued existence of any state.
• Be a result, India is appropriately referred to as “an indestructible union of destructible states.”
• The Union Government has the ability to destroy the states, whereas state governments have the ability to destroy the Union.
• The territorial integrity or continued existence of a state in the United States, on the other hand, is guaranteed by the Constitution.
• Without the approval of the states concerned, the federal government of the United States cannot create new states or alter the borders of existing states.
• As a result, the United States is referred to as “an indestructible union of indestructible states.”