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 B ill 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.[In article 3 of the Constitution, for the proviso, the following proviso shall be substituted through Constitution (Fifth Amendment) Act, 1955][Editorial Comment- The Constitution (Fifth Amendment) Act, 1955, which attempted to modify Article 3 of the Indian Constitution. then-President Rajendra Prasad gave his approval to the bill, which was then published in The Gazette of India on December 26, 1955. Originally, Article 3, did not prescribe a time limit for expression of views by the States on the States reorganization laws. It was feared that the States could forestall the passage of the State Reorganisation Act by not expressing their views for any length of time. The amended Article now provides a time limit within which the State has to express their views. If they do not express their views within the specified time the Bill may be passed by Parliament. Important Verdict: Babulal Parate vs The State Of Bombay And Another & Also Refer ]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.[Editorial Comment- The Constitution (Eighteenth Amendment) Act, 1966, revised Article 3 of the Constitution to give new meaning to the terms “State” and “Union territories”. The modification clarified that in Article 3, the term “State” in clauses (a) to (e) must include “Union territories”. However, this was not applicable in the proviso. It further explained that the power under clause (a) involves the authority of the Parliament for the formation of a new State or Union territory. This may be done by joining a part of any State or Union territory with some other State or Union territory. Also refer ]
