Previous Year Question
Which of the following is NOT possible by a law of Parliament under Article 3 of the Constitution?
Formation of new States
Alteration of areas of States
Alteration of boundaries of States
Admission of new States
Correct Answer: D
Detailed Solution
Article 3 empowers Parliament by law to form a new State, increase or diminish the area of a State, alter its boundaries, and alter its name. Therefore, options (a), (b) and (c) fall within Article 3.
However, admission or establishment of a new State into the Union is not covered by Article 3. Article 2 separately empowers Parliament to admit into the Union or establish new States by law. Hence, option (d) is not possible under Article 3.
A Bill under Article 3 cannot be introduced in either House of Parliament without the recommendation of the President. Where the proposal affects the area, boundaries or name of an existing State, the President refers the Bill to the concerned State Legislature for expressing its views.
An important point is that the view of the State Legislature is not a binding consent requirement. The Constitution requires its views to be sought, while the final legislative power remains with Parliament.
Under Article 4, laws made under Articles 2 and 3 may make necessary changes to the First and Fourth Schedules, and such laws are not deemed to be Constitutional Amendments for the purposes of Article 368.
Thus, the key distinction is—Article 2 = Admission/Establishment of new States; Article 3 = Formation + Area + Boundary + Name of States.