Parliament’s Power to Reorganise the States
Article 3 authorises the Parliament to:
(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, and
(e) alter the name of any state.
However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above
changes can be introduced in the Parliament only with the prior recommendation of the President; and
two, before recommending the bill, the President has to refer the same to the state legistature
concerned for expressing its views within a specified period.
Further, the power of Parliament to form new states 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 territory3.
The President (or Parliament) is not bound by the views of the state legislature and may either accept
or reject them, even if the views are received in time. Further, it is not necessary to make a fresh
reference to the state legislature every time an amendment to the bill is moved and accepted in
Parliament4. In case of a union territory, no reference need be made to the concerned legislature to
ascertain its views and the Parliament can itself take any action as it deems fit.
It is thus clear that the Constitution authori-ses the Parliament to form new states or alter the areas,
boundaries or names of the existing states without their consent. In other words, the Parliament can
redraw the political map of India according to its will. Hence, the territorial integrity or continued
existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as
‘an indestructible union of destructible states’. The Union government can destroy the states whereas
the state governments cannot destroy the Union. In USA, on the other hand, the territorial integrity or
continued existence of a state is guaranteed by the Constitution. The American Federal government
cannot form new states or alter the borders of existing states without the consent of the states
concerned. That is why the USA is described as ‘an indestructible union of indestructible states.’
Moreover, the Constitution (Article 4) itself declares that laws made for admission or establishment
of new states (under Article 2) and formation of new states and alteration of areas, boundaries or
names of existing states (under Articles 3) are not to be considered as amendments of the Constitution
under Article 368. This means that such laws can be passed by a simple majority and by the ordinary
legislative process.
Does the power of Parliament to diminish the areas of a state (under Article 3) include also the
power to cede Indian territory to a foreign country? This question came up for examination before the
Supreme Court in a reference made by the President in 1960. The decision of the Central government
to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to political
agitation and controversy and thereby necessitated the Presidential reference. The Supreme Court
held that the power of Parliament to diminish the area of a state (under Article 3) does not cover
cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state
only by amending the Constitution under Article 368. Consequently, the 9th Constitutional Amendment
Act (1960) was enacted to transfer the said territory to Pakistan.
On the other hand, the Supreme Court in 1969 ruled that, settlement of a boundary dispute between
India and another country does not require a constitutional amendment. It can be done by executive
action as it does not involve cession of Indian territory to a foreign country.
Article 3 authorises the Parliament to:
(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, and
(e) alter the name of any state.
However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above
changes can be introduced in the Parliament only with the prior recommendation of the President; and
two, before recommending the bill, the President has to refer the same to the state legistature
concerned for expressing its views within a specified period.
Further, the power of Parliament to form new states 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 territory3.
The President (or Parliament) is not bound by the views of the state legislature and may either accept
or reject them, even if the views are received in time. Further, it is not necessary to make a fresh
reference to the state legislature every time an amendment to the bill is moved and accepted in
Parliament4. In case of a union territory, no reference need be made to the concerned legislature to
ascertain its views and the Parliament can itself take any action as it deems fit.
It is thus clear that the Constitution authori-ses the Parliament to form new states or alter the areas,
boundaries or names of the existing states without their consent. In other words, the Parliament can
redraw the political map of India according to its will. Hence, the territorial integrity or continued
existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as
‘an indestructible union of destructible states’. The Union government can destroy the states whereas
the state governments cannot destroy the Union. In USA, on the other hand, the territorial integrity or
continued existence of a state is guaranteed by the Constitution. The American Federal government
cannot form new states or alter the borders of existing states without the consent of the states
concerned. That is why the USA is described as ‘an indestructible union of indestructible states.’
Moreover, the Constitution (Article 4) itself declares that laws made for admission or establishment
of new states (under Article 2) and formation of new states and alteration of areas, boundaries or
names of existing states (under Articles 3) are not to be considered as amendments of the Constitution
under Article 368. This means that such laws can be passed by a simple majority and by the ordinary
legislative process.
Does the power of Parliament to diminish the areas of a state (under Article 3) include also the
power to cede Indian territory to a foreign country? This question came up for examination before the
Supreme Court in a reference made by the President in 1960. The decision of the Central government
to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to political
agitation and controversy and thereby necessitated the Presidential reference. The Supreme Court
held that the power of Parliament to diminish the area of a state (under Article 3) does not cover
cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state
only by amending the Constitution under Article 368. Consequently, the 9th Constitutional Amendment
Act (1960) was enacted to transfer the said territory to Pakistan.
On the other hand, the Supreme Court in 1969 ruled that, settlement of a boundary dispute between
India and another country does not require a constitutional amendment. It can be done by executive
action as it does not involve cession of Indian territory to a foreign country.
No comments:
Post a Comment