Article 3: An Analysis

Article 3: An analysis

Article 3 of the Indian constitution states that by law the parliament has the power to form a new state by separation of territory from any state, by uniting two or more states or parts of states, or by uniting any territory to a part of the state. It can increase the area, diminish the area, alter the boundaries of any state, and can change the name of any state. Certain conditions are laid down which includes the fact that parliament alone cannot decide upon the matters. The proposal to alter the boundaries must come from the president, then the president is supposed to take the opinion of the state legislature however the opinion is not binding on the president.

As in the case of Andhra Pradesh, the Andhra Pradesh reorganization bill 2013 was rejected by the state assembly. A resolution was put forward by the chief minister which sought the president not to introduce the bill in the parliament as they felt that there was no basis for the bifurcation of states moreover it was without arriving at consensus. During parliamentary debates member, K.T.Shah  recommended that in a democracy it is the people who are affected by changes like alteration and renaming and also that the people living in those areas are more informed about the condition rather than the government at the center hence people should be consulted before taking any decision. He proposed that any such bill should originate in the state legislature before. However, Dr. B.R. Ambedkar was of the view that such a bill should be introduced in the parliament only on the recommendation of the president. He suggested that if the state is sovereign consent needs to be obtained but when the issue is about a province, the president can ascertain the view of the legislature Another member Hriday Nath proposed that the views of both the sovereign states and provinces should be taken into consideration. This was later refuted by D.R.Ambedkar by explaining the necessity of differentiation between sovereign and provinces.

In this case, a state that wants to rename it needs the approval of the ministry of home affairs as laid down in the guidelines based on the letter sent by Sardar Fateh Singh who was the deputy secretary in the ministry in the home affairs back in 1953. This letter was shipped off every one of the State Governments who are relied upon to send proposition for change in names dependent on the expansive rules recorded in this letter. The letter specifies in the earliest reference point that adjustments of names of towns, towns, and so forth ought to be debilitating quite far except if there are convincing motivations to legitimize the change. The letter referenced that all such propositions ought to be shipped off the Ministry of Home Affairs before any change is made. A constitutional amendment is thus necessary in this regard. The ministry of home affairs sends its approval when it receives a non-objection certificate from various other agencies like Survey of India, Ministry of Railways, etc. in case the proposal is accepted the goal, presented as a Bill in the Parliament, turns into law and the name of the state is changed from thereon.

Aishwarya Says:

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