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ART. 3
(a)
(b) (c) (d) (e)
THE CONSTITUTION OF INDIA 25
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;
increase the area of any State; diminish the area of any State; alter the boundaries of any State; 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[x x x x], 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.]
COMMENTS
By accession of an Indian State to dominion of India, the State is not extinguished, does not lose identity. (Association of Unified Tele Services Providers and Others v Union of India, 2014(78) Kar. L.J. 553 (SC) : AIR 2014 SC 1984 : (2014)6 SCC 110).
States and Union Territory — Reference by The President of India under Article 143(1) of the Constitution of India on the implementation of the Indo-Pakistan Agreement relating to Berubari Union and Exchange of Enclaves in Special Reference No. 1 of 1959, AIR 1960 SC 845 : (1960)3 SCR 250.
Federal Features — Unitary Features — S.R. Bommai and Others v Union of India and Others, AIR 1994 SC 1918 : (1994)3 SCC 1.
Dispute does not relate to a dispute in relation to inter-State river water or the use thereof but relates to sharing of power generated by projects. Such dispute not barred under Article 262(2) of the
1. Proviso substituted by the Constitution (Fifth Amendment) Act, 1955, w.e.f. 24-12-1955.
2. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the
Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956.
3. Explanations I and II inserted by the Constitution (Eighteenth Amendment) Act, 1966,
w.e.f. 27-8-1966.
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