Article 3 and Formation of New States
Article 3 of the Constitution reads as follows:
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 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.
GKToday Explained Article 3
This article says that Parliament of India can form new states by separation of a territory from any state. For example State of Bombay was bifurcated in Gujarat and Maharashtra on May 1, 1960. The parliament has power to increase or decrease the area of a state. It can diminish the area of the state and alter the boundaries. The name of the state can also be changed using powers given by article 3.
For example, Uttaranchal became Uttarakhand, and Orissa is become Odisha. However, two questions need to be answered here.
- What is the procedure of changing a name of a state?
- Can central government change the name of a state without discussion with the state government or its people?
What is the procedure of changing a name of a state?
First of all a resolution is passed in the state assembly. This resolution once passed is forwarded to the central Government. By this, the state assembly (this means that the people of the state) authorizes the state government to place the matter before the Government of India for change of the name of the state. This change may also include the Hindi Translations of the name of the state.
Article 3 has a proviso, which reads as follows:
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 contained in the Bill 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 in the reference or within such further period as the President may allow and the period so specified or allowed has expired.
As per this proviso,
- President refers the Bill to the Legislature of the State for expressing its views regarding the resolution. The Legislative Assembly of State after considering passed the Bill in context with the changing the name of the state and adopts the resolution agreeing with the Bill.
- After this has been done, a bill is introduced in the Parliament of India. When this bill is passed and gets president’s assent, it becomes a law and accordingly the following (some have been mentioned for your easiness with example of Orissa.) changes are required in the Constitution of India:
- The Schedule 1 will be changed. For example when Orissa became Odisha, the entry 10 in schedule 1 was changed from Orissa to Odisha.
- Wherever the term “Orissa” has been used in the constitution, it will be changed for example Article 164.
- Entry in the Fourth Schedule is changed.
The people are represented by the assembly and as mentioned above, consent of state assembly is taken.
Here, you should also note that
- increase the area of any State;
- diminish the area of any State;
- alter the boundaries of any State;
- alter the name of any State
All the above would give effect to some changes in the various entries of the constitution, yet, none of them is called a Constitution Amendment Act. This means that just to increase, decrease areas and alter name and boundaries is not required to bring a constitution amendment bill. These changes are statutory changes affected by a law enacted by the parliament.
For example, the recent change in the name of Orissa to Odisha was NOT a constitution amendment bill. It was a statutory act called Orissa (Alternation of Name) Act.
Further question is – Is our parliament competent to make a law, so that it can transfer its territory to another country, if a border dispute is solved and it is agreed that some territories are to be given to that country?
Every country in the world has some or other border disputes. Some of them are solved by diplomacy, some by political bargaining and some by a war. One such dispute between India and Pakistan was Berubari Dispute.
