"Article 3 of the Indian Constitution: The Procedure for Formation of New States"

Article 3 of the Indian Constitution deals with the power of the Parliament to alter the boundaries, names, and territories of the existing states and union territories of India. In this blog, we will discuss Article 3 in detail, including its important features, examples, and instances of usage.

Article 3: Power to form new states and alter areas, boundaries or names of existing states Article 3 gives the Parliament the power to form new states or alter the areas, boundaries or names of existing states. The article reads as follows:

"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; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State."

Important features of Article 3:

1. Power of the Parliament: Article 3 grants the power to the Parliament to make laws regarding the formation of new states and alteration of the existing states. This power is exclusive to the Parliament and cannot be exercised by the state legislatures.

2. Constitutional procedure: The formation of new states or alteration of existing states requires a constitutional procedure, which includes the introduction of a bill in Parliament, obtaining the consent of the concerned state legislature, and the President's assent.

3. Criteria for formation: The formation of new states or alteration of existing states should be based on the linguistic, cultural, geographical, and administrative factors.

4. Protection of rights: The Constitution ensures the protection of the rights of linguistic and cultural minorities in the event of the formation of new states or alteration of existing states.

Examples of the use of Article 3

1. Formation of Telangana: In 2014, the Parliament passed the Andhra Pradesh Reorganization Act, which led to the formation of the state of Telangana by the separation of territory from the state of Andhra Pradesh.

2. Formation of Jharkhand: In 2000, the Parliament passed the Bihar Reorganization Act, which led to the formation of the state of Jharkhand by the separation of territory from the state of Bihar.

3. Alteration of state boundaries: In 2019, the Parliament passed the Jammu and Kashmir Reorganization Act, which altered the boundaries and status of the state of Jammu and Kashmir.

Instances of usage:

Since the adoption of the Constitution, there have been several instances where Article 3 has been used to form new states or alter the boundaries, areas, and names of existing states. Some of the notable instances include:

1. Formation of Maharashtra and Gujarat in 1960

2. Formation of Chhattisgarh, Uttarakhand, and Jharkhand in 2000

3. Alteration of the boundaries and status of Jammu and Kashmir in 2019

Here are some additional information on Article 3 of the Indian Constitution:

• The procedure for altering the boundaries of a state under Article 3 is different from that for creating a new state under Article 2. In the case of boundary changes, the Parliament needs to obtain the views of the concerned state legislature (or legislatures, if more than one state is affected) before passing a law. This requirement does not apply when a new state is created.

• The first instance of a boundary change under Article 3 occurred in 1953, when the state of Madras was reorganized into linguistic states. The districts of Bellary, South Canara, and Udupi were transferred from Madras to Mysore (now Karnataka) under the States Reorganization Act, 1956.

• Since then, several other boundary changes have taken place. Some notable examples include the creation of Chhattisgarh, Jharkhand, and Uttarakhand in 2000; the bifurcation of Andhra Pradesh to create Telangana in 2014; and the transfer of Berasia tehsil from Madhya Pradesh to Chhattisgarh in 2020.

• Article 3 has also been a subject of political controversy, particularly in cases where one state opposes a proposed boundary change. For example, in 2019, the central government proposed to merge the Union Territory of Dadra and Nagar Haveli with the state of Gujarat. However, the government of Maharashtra, which surrounds Dadra and Nagar Haveli, opposed the move on the grounds that it would violate the principle of territorial integrity. Eventually, the proposal was put on hold.

First parlimentary debate:

The first parliamentary debate on Article 3 of the Indian Constitution took place on May 13, 1949, during the Constituent Assembly's consideration of the Draft Constitution. The debate centered around the power of the Parliament to alter the boundaries of states, which some members argued could undermine the federal nature of the Indian Constitution.

One member, K.M. Munshi, argued that Article 3 should be amended to require a referendum in the affected state before any boundary change could take place. He argued that the people of a state should have a say in whether their state's boundaries are altered, rather than leaving the decision solely in the hands of the Parliament.

Another member, T.T. Krishnamachari, countered that a referendum would not be practical in all cases, as it would be difficult to determine which voters should be eligible to participate. He also argued that the Parliament should have the flexibility to alter state boundaries in order to better serve the needs of the people.

Ultimately, the Constituent Assembly decided to retain Article 3 in its original form, without any amendments. However, the debate foreshadowed future discussions around the balance of power between the Parliament and the states, which would continue to be a contentious issue in the years to come.

The process for passing a law under Article 3:

Article 3 of the Indian Constitution provides for the procedure to be followed for the formation of new states and alteration of boundaries of existing states. The process for passing a law under Article 3 involves several steps in the Indian Parliament, which are as follows:

1. Introduction of the Bill: The first step in the process is the introduction of the Bill in either House of Parliament. The Bill can be introduced by a Minister or any other Member of Parliament.

2. Discussion and Voting: After the Bill is introduced, it is open for discussion and debate in both the Houses of Parliament. During the discussion, Members of Parliament can propose amendments to the Bill, which are put to vote. Once the Bill is passed by a simple majority in both the Houses, it is sent to the President for his assent.

3. Presidential Assent: After the Bill is passed by both the Houses of Parliament, it is sent to the President for his assent. The President has the power to either give his assent or withhold it.

4. Notification in the Official Gazette: Once the Bill receives the President's assent, it is notified in the Official Gazette. The notification specifies the date on which the Act will come into force.

It is important to note that the process for passing a law under Article 3 is different from other laws passed by the Parliament. Under Article 368, which deals with the amendment of the Constitution, a Bill has to be passed by a two-thirds majority in both Houses of Parliament, and it also has to be ratified by at least half of the State Legislatures. However, for the formation of new states or alteration of boundaries of existing states, a Bill needs to be passed by a simple majority in both Houses of Parliament.

The passage of Article 3 Bills in the Indian Parliament has been relatively rare, with only a few instances in the past few decades. Some notable examples of Bills passed under Article 3 include the formation of the states of Telangana, Uttarakhand, and Jharkhand in 2014, 2000, and 2002 respectively. The creation of these new states involved the alteration of boundaries of existing states, which required the passage of Bills under Article 3.

In summary, the process for passing a law under Article 3 of the Indian Constitution involves several steps, including the introduction of the Bill, discussion and voting, Presidential assent, and notification in the Official Gazette. While the passage of Article 3 Bills in the Indian Parliament has been relatively rare, it remains an important mechanism for the formation of new states and alteration of boundaries of existing states.

Conclusion:

Article 3 of the Indian Constitution is a vital provision that grants the power to the Parliament to form new states and alter the boundaries, areas, and names of existing states. The provision ensures that the formation of new states or alteration of existing states is done based on the criteria of linguistic, cultural, geographical, and administrative factors. While the Parliament has the exclusive power to make laws regarding the formation of new states, it is also obligated to protect the rights of linguistic and cultural minorities in the process.