Pradeep Chaudhary v. Union of India (2009) 12 SCC 643

This case explains how Article 3 works when Parliament creates or changes states. The question was about including the entire Haridwar district in the new state of Uttarakhand (then “Uttaranchal”). The Supreme Court said: Parliament must consult the concerned State Legislature, but the State’s opinion is not binding. Here, consultation happened. So, adding Haridwar to Uttarakhand was valid and constitutional.

1. Did including Haridwar district in Uttarakhand violate the proviso to Article 3?
2. Was the consultation with the Uttar Pradesh Legislature on the reorganisation bill done as the Constitution requires?

• Legislative Competence: A legislature can act only within its constitutional field.
• Parliamentary Supremacy in Reorganisation: Only Parliament can create states or change their lines. The State’s view is required but advisory.
• Procedural Compliance: If the set procedure (like consultation) is followed in substance, Parliament may proceed, even if the State disagrees.

The Supreme Court upheld the inclusion of the entire Haridwar district in Uttarakhand. The Court said that the consultation requirement under Article 3 was met in substance. The State’s recommendations were considered but were not binding. Parliament could lawfully pass the amended bill without sending it back again to the State Legislature. The petition was dismissed.

• Consultation under Article 3 is mandatory, not determinative. Parliament must seek views but is not bound by them.
• Substantive compliance with the procedure is sufficient. Re-consultation is not needed for every change.
• Parliament holds primary power over state creation and boundary changes.

This case sets a clear guide for future state reorganisation. It balances federal consultation with Parliamentary action. It prevents stalemates and ensures that democratic restructuring can move forward after hearing the affected State.

• Article 3 requires consultation, not consent.
• Parliament can amend the bill after consultation without fresh reference.
• Haridwar’s inclusion in Uttarakhand stands as constitutional.

Mnemonic: “Consult, Consider, Create.”

1. Consult the State (mandatory).
2. Consider its view (advisory).
3. Create or change states (Parliament’s power).

Article 3

Constitutional article that lets Parliament create states or change boundaries after consultation with the affected State.

Consultation

Seeking the State’s views; not the same as consent.

Substantive Compliance

Following the core purpose of the procedure, even if every minor step is not repeated.