Constitution of India

PART I

The Union and Its Territory

Article 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.

Explanation/Comment -

In contrast to Article 2, Article 3 grants parliament the authority and capacity to alter/modify the current states that make up the Union of India. Hence, The parliament is authorized to make modifications to the existing states or union territories of the Union of India under Article 3 of the Constitution. These modifications include the creation of a new State/UT (Union Territory) through the division of territory from an existing State or UT, the joining of two or more States/UT or portions of States/UT, the joining of any territory to a part of an existing State/UT, the expansion or contraction of a UT/State's area, the alteration of its borders, and the change of its name.

In this regard, Article 3 lays out two requirements: first, a bill contemplating the aforementioned changes may only be introduced in Parliament with the President's prior recommendation; and second, before making that recommendation, the President shall refer the bill to the relevant state legislature for its consideration within a specified timeframe.

In this regard ref. BABULAL PARATE Vs. THE STATE OF BOMBAY AND ANOTHER (28/08/1959) https://main.sci.gov.in/jonew/judis/325.pdf , clarified the fact that, even if the views are received in a timely manner, the President (or Parliament) is not required to accept or reject them. Furthermore, it is not essential to refer the state legislature again each time a bill amendment is proposed and approved in Parliament.

In the context of a union territory, there is no need to consult the relevant legislature to get its opinion; instead, the Parliament may act as it sees proper.

The ability of the Parliament to change the political landscape of India is abundantly obvious from the foregoing. which makes it very obvious that no state's territorial integrity or continuing existence is assured under the Indian Constitution. India is therefore accurately referred to be "an indestructible union of destructible states."