Article 3 of the Indian Constitution deals with the formation of new states and alteration of existing states' boundaries or names

Indian Constitution

Article 3 of the Indian Constitution – Formation and Alteration of States

Introduction

Seventy-five years after India adopted its Constitution, debates over the creation of new states and alteration of existing boundaries continue to dominate political discourse. At the heart of these developments lies Article 3 of the Indian Constitution, a provision that empowers Parliament to form new states, alter boundaries, and rename states. In an era marked by demands for Gorkhaland, Vidarbha, and Bundelkhand, the relevance of Article 3 has only deepened.

What does Article 3 state?

Article 3 reads:

“Parliament may by law –

(a) form a new State by separation of territory from any State or 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;

(e) alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal affects the area, boundaries, or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified.”

Key Takeaways

Parliament holds exclusive power to reorganize state boundaries.
The President’s recommendation is mandatory before introducing such a Bill.
The opinion of the affected State Legislature is sought, but it is not binding on Parliament.

Historical Context

When the Constitution came into force in 1950, India had Part A, B, C, and D states, a legacy of British India and princely states. However, linguistic and cultural aspirations soon demanded the reorganization of states. The first major test of Article 3 came in 1953, when Andhra State was carved out of the erstwhile Madras State following Potti Sriramulu’s fast unto death.

This paved the way for the States Reorganisation Commission (1953) and the enactment of the States Reorganisation Act, 1956, which reorganized states largely on linguistic lines. Since then, India’s map has changed dramatically, from 14 states in 1956 to 28 states today, all under the authority of Article 3.

Procedure for Reorganization

The process under Article 3 involves:

1. Presidential Recommendation: A Bill can only be introduced in Parliament after the President recommends it.

2. State Legislature’s Opinion: The President refers the Bill to the concerned State Legislature. However, its views are advisory, not mandatory.

3. Parliamentary Approval: The Bill is passed by a simple majority in both Houses of Parliament.

4. No Constitutional Amendment Required: Unlike altering India’s external boundaries, internal reorganization does not require a constitutional amendment under Article 368.

Major Reorganizations Under Article 3

1956: States Reorganisation Act – linguistic reorganization.
1960: Formation of Maharashtra and Gujarat from Bombay State.
1966: Creation of Haryana and reorganization of Punjab.
1971–72: Himachal Pradesh, Manipur, Meghalaya, and Tripura attain full statehood.
2000: Chhattisgarh, Uttarakhand, and Jharkhand formed.
2014: Telangana becomes the 29th state after decades of agitation.

Judicial Stand

The Supreme Court has consistently upheld Parliament’s supremacy in matters of state reorganization. In Babulal Parate vs State of Bombay (1960) and Pradeep Chaudhary vs Union of India (2016), the Court reiterated that the consent of states is not required, only their views. This highlights India’s “Union of States” structure, where the Union is indestructible.

Controversies and Criticism

While Article 3 ensures flexibility, critics argue:

It centralizes power, undermining federalism.
State views being non-binding reduces cooperative federalism.
Political motives often overshadow administrative logic in creating states.

Current Demands and Future Outlook

From Vidarbha in Maharashtra to Gorkhaland in West Bengal and Harit Pradesh in Western UP, new statehood demands continue to surface. Experts caution that while smaller states may improve governance, they can also lead to economic and political fragmentation.

Conclusion

Article 3 has shaped India’s political geography for seven decades and remains a vital tool to accommodate linguistic, cultural, and regional aspirations within a unified framework. However, its future use demands careful balance between national unity and regional identity.

Here are MCQs based on Article 3 of the Indian Constitution with answers:

MCQs on Article 3

1. Which Article of the Indian Constitution deals with the formation of new states and alteration of areas, boundaries, or names of existing states?
(a) Article 1
(b) Article 2
(c) Article 3
(d) Article 4

✅ Answer: (c) Article 3

2. Under Article 3, who has the power to form a new state in India?
(a) State Legislature
(b) Parliament
(c) President alone
(d) Supreme Court

✅ Answer: (b) Parliament

3. Which of the following conditions is mandatory for introducing a Bill under Article 3?
(a) Consent of the State Legislature
(b) Approval of the Supreme Court
(c) Recommendation of the President
(d) Two-thirds majority in Parliament

✅ Answer: (c) Recommendation of the President

4. Under Article 3, the opinion of the concerned State Legislature is:
(a) Binding on Parliament
(b) Advisory only
(c) Mandatory to be accepted
(d) Decided by the President

✅ Answer: (b) Advisory only

5. Which of the following does NOT require a constitutional amendment under Article 368?
(a) Ceding Indian territory to a foreign country
(b) Admission of a new state into the Union
(c) Changing the name of an existing state
(d) Altering the boundaries of a state

✅ Answer: (a) Ceding Indian territory to a foreign country (This requires an amendment as per the Berubari case)

6. Which of the following states was the first to be created under Article 3 after independence?
(a) Gujarat
(b) Andhra
(c) Haryana
(d) Telangana

✅ Answer: (b) Andhra (Created in 1953 from Madras State)

7. Which is the most recent state created under Article 3?
(a) Jharkhand
(b) Uttarakhand
(c) Telangana
(d) Chhattisgarh

✅ Answer: (c) Telangana (Created in 2014)

8. Which Article deals with the supplementary, incidental, and consequential provisions related to the reorganization of states?
(a) Article 3
(b) Article 4
(c) Article 5
(d) Article 6

✅ Answer: (b) Article 4

9. What majority is required in Parliament to pass a Bill under Article 3?
(a) Simple majority
(b) Two-thirds majority of members present and voting
(c) Special majority under Article 368
(d) Unanimous approval

✅ Answer: (a) Simple majority

10. Which of the following statements is TRUE about Article 3?
(a) Parliament needs the consent of the affected state to change its boundaries.
(b) A state can veto any change in its territory.
(c) Parliament must seek the opinion of the state legislature, but it is not binding.
(d) President can change boundaries by an executive order without Parliament.

✅ Answer: (c) Parliament must seek the opinion of the state legislature, but it is not binding.