Article 3 of the Constitution

Article 3 of the Constitution

Subject – Polity

Context – The demand has grown louder to carve out a separate state of ‘Greater Tipraland’ for the indigenous communities in Tripura under Article 2 and 3 of the Constitution.

Concept –

ARTICLE 2 : ADMISSION OR ESTABLISHMENT OF NEW STATES

Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

ARTICLE 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:

• A Bill giving effect to any or all the changes stated above can be introduced in either House of the Parliament, only on the recommendation of the President.
• If such a bill affects the boundary or name of a State, then the President, before introducing it in the Parliament, shall refer the Bill to the State Legislature concerned for its opinion, fixing a time limit within which an opinion may be expressed by the State Legislature. The President may extend the time limit so specified.
• If the State Legislature fails to express an opinion within the stipulated time limit then it is deemed that it has expressed its views.
• If it submits its views within the period so specified or extended, Parliament is not bound to accepts or act upon the views of the State Legislature.
• Further, it is not necessary to make fresh reference to the State Legislature every time an amendment to the Bill is proposed and accepted.
• The Bill is passed with simple majority.
• However, in the case of Union Territories, it is not necessary to obtain the views of Legislatures of Union Territories before a Bill affecting their boundaries or names is introduced.