Bare ActOfficial Text of Article 3
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:
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.
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 II.—The power conferred on Parliament by clause (a) includes the power 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.
Article 3 gives Parliament five powers over States that are already part of India. By an ordinary law it can: (a) make a new State by splitting a State, joining States or joining pieces of them, (b) make a State bigger, (c) make a State smaller, (d) shift a State's border, and (e) change a State's name.
Two safety checks (the proviso): first, the Bill can be introduced in Parliament only if the President recommends it. Second, if the Bill affects a State's area, borders or name, the President must first send it to that State's Assembly to hear its views within a fixed time.
The big catch: Parliament must ask the State, but it does not have to agree with the State's views. Even if the Assembly says "no", Parliament can still go ahead.
The Explanations say these powers also cover Union Territories, and that Parliament can join a part of a State or UT to another State or UT to create a new one. Since the State's views are not binding, India is often called "an indestructible Union of destructible States".
🏠 Everyday Analogy
Think of a school principal reorganising classes. The principal (Parliament) can split Class 9-A into 9-A and 9-B, merge two small sections, move a few students from one section to another, or rename "Section C" as "Section Kalpana Chawla". The class teacher (the State Assembly) must be asked for an opinion first, but the final decision is the principal's. What the principal cannot do is shut down the school itself.
🇮🇳 Real Indian Example
Telangana, 2014: the Andhra Pradesh Reorganisation Bill was sent to the Andhra Pradesh Assembly, which rejected it. Parliament still passed it, and Telangana became India's 29th State on 2 June 2014. This shows the State's views are only advisory. Name changes work the same way: Orissa became Odisha in 2011 by a law of Parliament.
Quick RevisionKey Points to Remember
- Five powers: form a new State, increase or reduce area, alter boundaries, rename.
- The Bill needs the President's recommendation before it is introduced.
- The affected State's Assembly must be consulted, but its views are not binding.
- Parliament uses a simple majority; Article 4 says this is not a constitutional amendment.
- Union Territories are covered by clauses (a) to (e), but UT legislatures need not be consulted under the proviso.
India's Changing MapMajor Changes Made Using Article 3
| Year | What happened |
|---|---|
| 1953 | Andhra State carved out of Madras, the first State formed on a language basis, after Potti Sriramulu's fast. |
| 1956 | States Reorganisation Act: 14 States and 6 Union Territories, largely on linguistic lines. |
| 1960 | Bombay State split into Maharashtra and Gujarat. |
| 1966 | Haryana carved out of Punjab; Chandigarh made a Union Territory. |
| 1969 / 1973 | Madras renamed Tamil Nadu; Mysore renamed Karnataka. |
| 2000 | Chhattisgarh, Uttaranchal (now Uttarakhand) and Jharkhand created. |
| 2014 | Telangana carved out of Andhra Pradesh. |
| 2019 | State of Jammu & Kashmir reorganised into two Union Territories: J&K and Ladakh. |
UPSC · State PSC · JudiciaryExam Corner
- Babulal Parate v. State of Bombay (1960): Parliament is not bound by the State's views, and need not send the Bill back to the State every time it amends the proposal.
- "Indestructible Union of destructible States": the Union cannot be broken, but individual States can be reshaped. Compare the USA, which is called an indestructible Union of indestructible States.
- Article 3 cannot cede territory to a foreign country (Berubari Union, 1960); that needs an Article 368 amendment.
- In Re Article 370 (2023): the Supreme Court upheld carving Ladakh out as a UT, and did not decide on J&K becoming a UT in view of the government's assurance that statehood would be restored.
- Committees to know: Dhar Commission (1948), JVP Committee (1948-49) and the Fazl Ali Commission (1953-55) on reorganising States.
Practice MCQTest Yourself: Article 3
Before a Bill under Article 3 to change a State's boundary is introduced, who refers it to that State's Legislature for its views?
Doubts ClearedFrequently Asked Questions
Can Parliament change a State's borders even if the State disagrees?
Yes. The State's Assembly must be asked for its views, but Parliament is not bound by them. Telangana was created in 2014 even though the Andhra Pradesh Assembly rejected the Bill.
Who has to recommend a Bill under Article 3?
The President. Without the President's recommendation, such a Bill cannot be introduced in either House of Parliament.
How is a State's name changed?
Through a law of Parliament under Article 3(e), passed by a simple majority after the State's views are sought. For example, Orissa became Odisha in 2011.