·The Hindu·15 marks·250–350 wordsPolity

Distinguish between Parliament's powers under Article 3 and Article 368. Why is a simple majority sufficient for renaming a State?

In this answer
  1. Distinction in nature of power
  2. Distinction in procedure
  3. Why a simple majority suffices for renaming

Article 3 empowers Parliament to form new States and alter the areas, boundaries or names of existing States, while Article 368 vests it with constituent power to amend the Constitution itself [1]. The recent renaming of Kerala as "Keralam" illustrates that the two powers differ in nature, procedure and scope, not merely in degree.

Distinction in nature of power

  • Article 3 is an exercise of ordinary legislative power over the territorial organisation of the Union; Article 368 is an exercise of constituent power to add, vary or repeal constitutional provisions [1].
  • Article 3 reflects the framers' design of India as an "indestructible Union of destructible States" — State consent is not binding.

Distinction in procedure

  • Initiation: an Article 3 Bill needs the President's prior recommendation and must first be referred to the concerned State Legislature for its views (proviso to Article 3) — done in Kerala's case after the Assembly's resolution of 24 June 2024 [2]. Article 368 requires no such reference.
  • Majority: Article 3 Bills pass by simple majority of members present and voting; Article 368 requires a special majority — majority of total membership plus two-thirds of those present and voting [1].
  • Ratification: entrenched provisions under Article 368 need ratification by half the State Legislatures; Article 3 has no such requirement.
  • Assent: the President must assent to an Article 368 Bill; the Kerala (Alteration of Name) Bill, 2026, passed on 11–12 August 2026, followed the Article 3 route [3].

Why a simple majority suffices for renaming

  • Article 4(2) expressly provides that laws made under Articles 2 and 3 — including consequential changes to the First Schedule — "shall not be deemed to be an amendment of this Constitution" for Article 368 purposes [1].
  • The Odisha precedent (Act 15 of 2011) confirms this settled practice [4].

Thus, renaming is a flexible administrative-legislative act, not a constitutional amendment. Going forward, using this streamlined route responsively — as with Keralam, where a State resolution preceded Union action — strengthens cooperative federalism while preserving Parliament's supremacy over territorial matters.

Sources

  1. 1The Constitution of India, India Code (Ministry of Law and Justice)text of Articles 3, 4(2) and 368; majority and ratification requirements
  2. 2PIB: Cabinet approves alteration of the name of the State of "Kerala" to "Keralam" (24 Feb 2026)Kerala Assembly resolution of 24.06.2024 and Presidential reference under the proviso to Article 3
  3. 3PRS Legislative Research: The Kerala (Alteration of Name) Bill, 2026passage in Lok Sabha (11 Aug 2026) and Rajya Sabha (12 Aug 2026); First Schedule change
  4. 4The Orissa (Alteration of Name) Act, 2011 (Act 15 of 2011), India Codeprecedent for renaming a State by ordinary legislation
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