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;
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, 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.
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.
This article empowers the parliament to form a new state by separation of a part of territory of an established state or to unite two or more states or parts of states or by uniting any territory to a part of any state. This article provides that area of any state can reduced or increased and alter the boundaries or change the name of a state. Even the though the state boundaries are subject to change, their area cannot be acquired by a foreign state.
There is also a saving clause in the article to protect the rights of the state. The first condition is that no bill for the purpose can be introduced in the either house except on recommendation of the President of India. Second, whether the proposal contains the alternation of the area, boundaries or name of the state mentioned, it has to referred by President to the Legislatures of concerned states, for expressing opinions. Such opinion has to be expressed withing a period specified by the President. In any case, the views expressed do not bind the decisions of either the President or the Parliament.
*So the state which is going to be bifurcated need not to give its assent as the article is only talking about opinion. For example in case of Telangana formation.
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