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PART I THE UNION AND ITS TERRITORY

Article 3: Formation of new States and alteration of areas, boundaries or names of existing States

The Constitution of India

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:

1[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 2***, 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.]

3[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.]

Footnotes in the official text

  1. 1.Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso (w.e.f. 24-12-1955).
  2. 2.The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  3. 3.Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2 (w.e.f. 27-8-1966).

Questions on this article

16 questions in 36 of our papers cite Article 3. Try these from the free papers:

  1. 1. Under an agreement with a neighbouring country, the Government of India decides to transfer a part of the territory of State Y to that country. It proposes to give effect to the transfer by an ordinary law of Parliament under Article 3, treating it as a law diminishing the area of State Y. Is this permissible?

  2. 2. Congress wishes to form a new State in the United States by joining parts of two existing States. Under Article IV, Section 3 of the US Constitution, this requires:

  3. 3. Consider the following statements about In re: Article 370 of the Constitution (2023): 1. The Court held that the President's power under Article 370(3) ceased to exist when the Constituent Assembly of Jammu and Kashmir was dissolved. 2. The Court upheld the carving out of the Union territory of Ladakh, relying on Article 3(a) read with Explanation I. 3. The Court directed the Election Commission of India to take steps to hold elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024. Which of the statements given above is/are correct?

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