Article 3 is a crucial provision in Part I of the Constitution of India, which deals with the Union and its Territory. It was debated in the Constituent Assembly on November 17 and 18, 1948, and October 13, 1949, to establish a mechanism for the internal reorganization of the country. The provision reflects a flexible federal design, ensuring that the political map of India can be adjusted to meet administrative needs and regional demands.
The Article grants Parliament the exclusive authority to enact laws for the formation of new States and the alteration of existing ones. Specifically, Parliament may by law: (a) form a new State by separating territory or uniting States, (b) increase the area of any State, (c) diminish the area of any State, (d) alter the boundaries of any State, or (e) alter the name of any State. The mechanism requires that no Bill for this purpose can be introduced in either House of Parliament without the prior recommendation of the President. Furthermore, the President must refer the Bill to the Legislature of the affected State for expressing its views within a specified period. However, the State Legislature's views are advisory only and are not binding on Parliament, which retains the ultimate power.
A significant change was the Constitution (Fifth Amendment) Act, 1955, which empowered the President to prescribe a time limit for the State Legislature to convey its views on the Bill. The Supreme Court, in the Berubari opinion, clarified that the power under Article 3 does not extend to ceding Indian territory to a foreign nation, which necessitated the Ninth Amendment Act, 1960, for such transfers. Article 3 is closely connected to Article 4, which states that a law made under Article 3 is not considered a constitutional amendment under Article 368, meaning it can be passed by a simple majority in Parliament. It is distinct from Article 2, which deals with the admission or establishment of new states that are not already part of the Union of India. The Supreme Court, in Haji Abdul Gani Khan v. Union of India, affirmed that Article 3 applies to both States and Union Territories.