Explain Articles 3 and 4 Procedure for State Formation in India

Articles 3 and 4 of the Indian Constitution lay down the complete procedure for the formation and reorganization of states.

Article 3: Formation of new States and alteration of areas, boundaries or names

Article 3 empowers the Parliament of India to:

• (a) Form a new State by separating territory from any State, uniting two or more States or parts of States, or 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.

However, this power is subject to two key conditions:

1. President's Recommendation: A bill for state reorganization can only be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) with the prior recommendation of the President.
2. Referral to State Legislature: Before recommending the bill, the President must refer it to the legislature of the state(s) whose area, boundaries, or name will be affected. The state legislature must express its "views" within a specific time period set by the President.

Crucially, Parliament is not bound by the views of the state legislature. It can accept or reject them.

Article 4: Consequential Amendments

Article 4 clarifies two important points:

• Not a Constitutional Amendment: It states that any law made under Article 3 (state formation) will not be considered a constitutional amendment under Article 368.
• Simple Majority: This means a state reorganization bill only needs to be passed by a simple majority (majority of members present and voting) in Parliament, not a special majority (two-thirds).
• Schedule Updates: The law will automatically include provisions to amend the First Schedule (which lists the states and UTs) and the Fourth Schedule (which allocates Rajya Sabha seats) as necessary.