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ARTICLES 2, 3, AND 4 OF THE INDIAN CONSTITUTION



  May 02, 2024

ARTICLES 2, 3, AND 4 OF THE INDIAN CONSTITUTION



► Article 2: Parliamentary Powers for State Integration

Parliamentary Authority: Article 2 grants the Indian Parliament extensive authority to admit or establish new states within the Union. This power is broadly framed but remains linked to fundamental constitutional principles, including democracy and secularism. Judicial interpretations, such as in R.C. Poudyal vs Union of India (1993), underscore that these powers must not contravene the Constitution's core values.

► Article 3: Procedural Framework for Territorial Changes

Legislative Processes: Article 3 details the procedures necessary for creating new states, modifying existing boundaries, or renaming states. These actions require a simple majority in Parliament and begin with the President’s recommendation for introduction of the Bill in the parliament after taking the views of the state or states concerned, though their opinion is not binding.

State and Union Territory Dynamics: The inclusion of Union Territories under the definition of "State" in this article allows for the conversion between states and union territories. This provision facilitated significant changes, such as the 2019 transformation of Jammu and Kashmir into two Union Territories.

Advisory Role of State Legislatures: When the state legislature passes a resolution for any changes under Art.3 on its own, they are non binding.The non-binding nature of state legislatures' resolutions is highlighted by instances like Uttar Pradesh’s 2011 resolution to divide into four separate regions.

► Article 4: “Not Deemed” Constitutional Amendments 

Simplifying Amendments: Article 4 says that the amendments that become necessary as a result of acting on the basis of Art.3 are “not deemed” constitution amendments.That is, exemption from the stringent requirements of Article 368. It  facilitates smoother and quicker territorial reorganisations, as seen in  the recent changes in Jammu and Kashmir.

These articles collectively provide a robust framework for managing India's territorial governance and adaptability, reflecting the Constitution's capacity to meet evolving administrative needs and challenges.



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