Article 3- Formation of New States

Article related to formation of States.

Formation of New States and Alteration of Areas, Boundaries or Names of Existing States

Parliament may by law-

(A) Foram 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:

[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 names of any States, the Bill has been referred by the President to the Legislature of that State for expressig it’s views thereon within such period so specified or allowed has expired.]

Explanation I: In this article, in clauses (A) to (E), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.

Explanation ll: The power conferred on the Parliament by clause (A) includes the poer to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.]

Short Description And Meaning of Article

This is the last and longest article of the part I of the Indian Constitution. All the changes like name and area of the State are done on the basis of this article. Interestingly Andhra Pradesh was the first state created in 1953 from then Madras State, and Andhra Pradesh is the last State out of which a new Telangana State originated in 2015. Bifurcation of Jammu & Kashmir is happened to make them Union Territories not States.

In between there were changes done in boundaries of many states. Name of any state is also important and first major change happened in 1956 when Travancore-Cochin changed it’s name to Kerala.

To make any change, first of all the concerned State will make recommendation to President before presenting it in either house of the parliament. There is no requirement of any constitutional amendment for doing any change in boundary or name of the State. Simple majority is in both the houses is sufficient to make any changes.

Cases Related to This Article

There are numerous cases related to this article. As the changes made several times after independence. After any alteration the main issue is the integration of services. As there are many central and state services which may affect after any change, even the change of name. Government offices needs to change the documents in bulk.

One of the popular case related ot service was G. Appukkuttan Pillai vs Government Of India And Ors. on 6 March, 1969.

Here is the link of whole case if you want to read in detial.

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