Article 3 of Indian constitution
Article 3: Formation of new States and alteration of areas, boundaries or names of existing States:
(1) 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.
(2) A law made under clause (a) of this article may contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.
(3) The First Schedule to this Constitution shall, in its application to the States of Assam, Meghalaya, Tripura and Mizoram, specify the territories which—
(a) are to be comprised in each of these States; and
(b) are to be excluded from each of them.
(4) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Article 3 grants the Indian Parliament the authority to create new states, alter the boundaries of existing states, change the names of states, and make related provisions. It outlines the process for the reorganization of states and the legal mechanisms involved. However, the Article also specifies that any law made under it is not considered an amendment to the Constitution as defined by Article 368.
Key points article 3
The key points of Article 3 of the Indian Constitution are as follows:
- Parliamentary Authority: Article 3 empowers the Indian Parliament to make laws for the formation of new states, alteration of state boundaries, changes in the area of states, and alterations in the names of states.
- Formation of New States: Parliament can create new states by separating territory from an existing state, uniting two or more states or parts of states, or uniting any territory to a part of any state.
- Alteration of State Boundaries: Parliament can alter the boundaries of existing states, either by increasing or diminishing their areas.
- Name Changes: Parliament also has the authority to change the name of any state.
- Supplemental Provisions: A law made under Article 3(a) can contain supplemental, incidental, and consequential provisions deemed necessary by Parliament to facilitate the reorganization process.
- Territorial Specification for Certain States: The First Schedule to the Constitution specifies the territories to be comprised within the states of Assam, Meghalaya, Tripura, and Mizoram, as well as those to be excluded from each of these states. This is specific to these four northeastern states.
- Not an Amendment to the Constitution: Article 3 specifies that any law made under it, even though it pertains to the reorganization of states, is not considered an amendment to the Constitution for the purposes of Article 368. This means that the process does not require the same level of parliamentary approval as a constitutional amendment.
Article 3 is a crucial provision that allows for the reorganization of Indian states, whether through the formation of new states, changes in state boundaries, or alterations in state names, while providing a legal framework for these processes.
FAQS about article 3 of Indian Constitution
Frequently asked questions (FAQs) about Article 3 of the Indian Constitution:
1. What is the purpose of Article 3 in the Indian Constitution?
- Article 3 provides the legal framework for the reorganization of Indian states. It outlines the process by which new states can be formed, state boundaries can be altered, and state names can be changed.
2. Who has the authority to reorganize states under Article 3?
- The authority to reorganize states rests with the Indian Parliament. Parliament can pass laws to create new states or make changes to existing state boundaries.
3. Can new states be created from existing states under Article 3?
- Yes, Article 3 allows for the creation of new states by separating territory from existing states, uniting two or more states or parts of states, or uniting any territory with a part of a state.
4. Can existing state boundaries be altered under Article 3?
- Yes, Article 3 grants Parliament the power to alter the boundaries of existing states, either by increasing or diminishing their areas.
5. Can the names of states be changed under Article 3?
- Yes, Parliament can also change the names of states through laws passed under Article 3.
6. What is the significance of the First Schedule in Article 3?
- The First Schedule specifies the territories to be comprised within certain states, including Assam, Meghalaya, Tripura, and Mizoram. It outlines which territories are to be included in each state and which ones are to be excluded.
7. Is a constitutional amendment required for state reorganization under Article 3?
- No, a law made under Article 3 is not considered a constitutional amendment for the purposes of Article 368. This means that the process of state reorganization under Article 3 does not require the same level of parliamentary approval as a constitutional amendment.
8. Can the people of a region request the formation of a new state or changes in state boundaries under Article 3?
- While public demand or requests can influence the consideration of state reorganization, the actual process of creating new states or altering state boundaries is a matter for Parliament to decide, following the legal framework provided in the Constitution.
9. Are there any notable instances of state reorganization under Article 3?
- Yes, there have been several instances of state reorganization in India’s history. For example, the formation of Telangana as a new state from Andhra Pradesh in 2014 was carried out under Article 3.
10. How does Article 3 affect the federal structure of India? – Article 3 recognizes the federal nature of the Indian Union by allowing for flexibility in the reorganization of states, while also ensuring that the process is within the framework of the Constitution.