Under Article 3 of the Constitution, a new State can be formed or established in the following ways:
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(1) By separation of territory from any State, or
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(2) By uniting two or more States, or
(3) By uniting any part of a State, or
(4) By uniting any territory to a part of any State.
Under this Article Parliament can increase or decrease the area of any State or alter the boundaries or change the name of any State. Article 3 deals with the formation of a new State out of the territories of the existing States.
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The power to form new States under Article 3 (a) includes the power to form a new State of Union territory by uniting a part of any State or Union territory. The word “State” in Article 3 clauses (b) to (c) includes a Union territory also.
The Constitution empowers the Parliament to alter the boundary or names, etc. of the States, without their consent. A new State may be formed and area, boundary or names of the existing States may be altered by simple majority in the Parliament.
It means that the existence of a State depends upon the sweet will of the Parliament. The Central Government can demarcate the boundary of States. The Parliament may form a new State or alter the boundary of existing States. The following are the conditions for passing such a law:
(1) No bill for the formation of new States or the alteration of the boundaries or names of the existing States shall be introduced in either House of Parliament except upon the recommendation of the President.
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(2) If the bill affects the area boundaries or names of the States, the President is required to refer the bill to the legislature of the State, so affected for expressing its views within the period specified by the President.
The President may extend the period so specified. If the State Legislature, to which the bill has been referred, does not express its views within the period specified or extended, the Bill may be introduced in the Parliament even though the views of the State have not been obtained by the President.
If the State Legislature expresses its views within the time so specified or extended, the Parliament is not bound to accept or act upon the views of the State Legislature. Further, it is not necessary to make fresh reference to State Legislature every time an amendment to the bill is proposed and accepted.
Thus, it is clear that the very existence of a State depends upon the sweet will of the Central Government. By simple majority and by ordinary legislative process, Parliament may form a new State or alter the boundaries, etc. of existing States and thereby change the political map of India.