Article 3 of Constitution of India: Formation of New States and Alteration of Areas, Boundaries or Names

Article 3 empowers Parliament to reorganise the internal territorial structure of India by forming new States and by increasing or diminishing the area of a State, altering State boundaries, or changing a State's name. The Article also prescribes a special pre-introduction procedure for a Bill affecting a State's area, boundary or name.

What does Article 3 provide?

Article 3 is part of Part I of the Constitution, which deals with the Union and its territory. In practical terms, it gives Parliament legislative authority over specified forms of State reorganisation.

Article 3 - Formation of new States and alteration of areas, boundaries or names of existing States

Parliament may by law:

(a) form a new State by separation of territory from any State, by uniting two or more States or parts of States, or by uniting any territory to a part of any State;

(b) increase the area of any State;

(d) alter the boundaries of any State; and

(e) alter the name of any State.

Procedure before an Article 3 Bill is introduced

A Bill for an Article 3 purpose cannot be introduced in either House of Parliament without the recommendation of the President. Where the proposal affects the area, boundaries or name of a State, the President must refer the Bill to that State Legislature so that it may express its views within the period specified in the reference, or within any further period allowed by the President. The specified or extended period must expire before introduction.

The constitutional text requires the affected State Legislature to be given an opportunity to express its views. Article 3 does not state that the State Legislature's consent is required.

Explanation I and Explanation II

Explanation I: For clauses (a) to (e), the expression "State" includes a Union territory. For the proviso concerning reference to a State Legislature, however, "State" does not include a Union territory.

Explanation II: Parliament's power under clause (a) includes power to form a new State or Union territory by uniting a part of a State or Union territory with another State or Union territory.

Relationship with Article 4

Article 4 complements Articles 2 and 3. A law made under Article 2 or Article 3 may make the amendments to the First and Fourth Schedules needed to give effect to the reorganisation and may contain supplemental, incidental and consequential provisions, including provisions concerning representation in Parliament and affected State Legislatures. Article 4(2) provides that such a law is not deemed to be a constitutional amendment for the purposes of Article 368.

Current-law note: The official Constitution text reflects the proviso as substituted by the Constitution (Fifth Amendment) Act, 1955 and Explanations I and II as inserted by the Constitution (Eighteenth Amendment) Act, 1966.

Article 3 in brief

Article 3 therefore creates a constitutional mechanism through which Parliament may reorganise States and Union territories within India. The President's recommendation and, where applicable, reference to the affected State Legislature are procedural requirements built into the Article.

Official constitutional text

For authoritative reference, consult the current Constitution of India published by the Legislative Department, Ministry of Law and Justice, and the Constitution materials available through India Code.

Legislative Department, Ministry of Law and Justice
India Code