Article 3 [with Explanation] UPSC PDF

This article is a compilation of Article 3 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 3

1. 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 States 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 ;

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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 1.—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 2.—The power conferred on Parliament by clause (a) includes the amalgamation of any part of a State or Union territory with any other State or Union or Union territory to form a new State or Union territory.]

Proviso – The condition of the proviso will be fulfilled by the mere making of the reference to the State. The Rajya Sabha is not bound to act according to the opinion of the State Legislature.

📜 Amendments !

1. Substituted by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso (w.e.f. 24-12-1956).

2. The words and letters “specified in Part A or Part B of the First Schedule” omitted (w.e.f. 1-11-1956) by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.

3. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2 (w.e.f. 27-8-1966).

🔍 Explanation

This article deals with the internal part of India, while article 2 was for the states outside India.

Overall, the Parliament can redefine the political map of India according to its own. For example, in 2014, Telangana was carved out of Andhra Pradesh to form a new state. But the Parliament cannot do this work on its own, rather the approval of the President has to be taken before presenting the ordinance related to such change in the Parliament.

And the President sends that ordinance to the Legislature of the concerned State so that what they have to say about it can be known.

But suppose that the legislature of the state in which this change is to take place does not approve it, then what will happen? Nothing will happen because the Parliament is not bound to follow the vote of that state. This means that if the Parliament thought of changing the map of a state, it could do so easily. What does it mean that Parliament can do it easily? What this means is clear from article 4.

⚫ Clause (c) of article 3 is for inter-state adjustment. It does not apply to the ceding of territory in favor of a foreign State. Therefore, if an agreement cedes any part of the territory of India in favor of a foreign State, such agreement cannot be enforced by passing a law under this Act. For this, it will be necessary to amend the constitution. But if the boundary dispute is settled by agreement, it will not be considered as surrender of the territory.

Overall, its third provision which says that “Parliament can reduce any state territory.” There was much controversy about this; Which is famous by the name of Berubari case. Then definitely read this article;

So all in all this is article 3, hope you understand. To understand other articles, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 1 ⚫ अनुच्छेद 2 ⚫ अनुच्छेद 4	⚫ Article 1 ⚫ Article 2 ⚫ Article 4

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⚫ Constitution
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India

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Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.