Seventh Amendment of the Constitution of India

Last updated

The Constitution (Seventh Amendment) Act, 1956
Parliament of India
  • An Act further to amend the Constitution of India.
Citation 7th Amendment
Territorial extent India
Passed by Lok Sabha
Passed1956
Passed by Rajya Sabha
Passed1956
Assented to1956
Signed by Rajendra Prasad
Commenced1 November 1956
Legislative history
First chamber: Lok Sabha
Bill titleThe Constitution (Ninth Amendment) Bill, 1956
Introduced1956
Status: In force

The Seventh Amendment of the Constitution of India, officially known as The Constitution (Seventh Amendment) Act, 1956 made numerous amendments to the Indian Constitution in order to implement the scheme of reorganisation of States [1] .

Contents

It came into effect on November 1st, 1956 along with the States Reorganisation Act, 1956. The Seventh Amendment did away with the four-fold classification of States that existed since 1950 and introduced the concept of States and Union Territories [2] . Constitutionally, the Princely States were not part of British India nor were their inhabitants British subjects. It also made changes related to representation in Lok Sabha and allocation of seats in the Rajya Sabha.


Background

During the British Raj, India consisted of British-administered provinces, governed directly by the Governor-General of India, and Princely States, which enjoyed internal autonomy but were ultimately under British paramountcy [3] . Constitutionally, the Princely States were not part of British India nor were their inhabitants British subjects [4] . The territorial boundaries of these regions were shaped by historical events, treaties, and administrative convenience, often disregarding linguistic, cultural, or regional identities.

Even before independence, there were demands from various parts of the country to reorganize regions based on linguistic lines. This growing demand culminated in the formation of the States Reorganization Commission (SRC) in 1953, which was tasked with examining the feasibility of reorganizing states based on linguistic and cultural considerations while maintaining administrative efficiency and national unity.

The SRC's recommendations, presented in 1955, provided a comprehensive blueprint for reorganizing India’s states and territories. The recommendations were implemented through the States Reorganization Act of 1956, which was accompanied by the 7th Constitutional Amendment. This amendment brought about significant changes to the structure of India’s states and their governance, streamlining the country’s administrative divisions in line with the recommendations of the SRC.

The amendment also aimed to address the anomalies in the classification of states (Part A, Part B, and Part C states), integrating them into a more uniform structure to ensure better administration and representation.

Major Provisions

Article 1 of the Constitution was amended to remove provisions related to earlier four-fold classification of States.

Section 2 of the Act reads:

In Article 1 of the Constitution,- (a) for clause (2), the following clause shall be substituted, namely:- "(2) The States and the territories thereof shall be as specified in the First Schedule."; and (b) in clause (3), for sub-clause (b), the following sub-clause shall be substituted, namely:-

"(b) the Union territories specified in the First Schedule;...

Schedule I of the Constitution was amended to provide for the new Scheme of States and Union Territories.

Articles 81 and 82, that had provisions related to representation in House of People, were substituted with new Articles altogether. The new Article 81 provided for an additional 20 members in Lok Sabha as representatives of Union Territories. It also provided for new scheme of allocation of Seats to different States and territorial constituencies within the different States. Additionally, the new Article 82 provided for readjustment of said constituencies after each Census.

Amendments were made to Seventh Schedule related to acquisition of property and "ancient and historical monuments and records, and archaeological sites and remains".

Changes were made to the verbiage and terms used in several articles to account for the new States and Union Territories scheme and for removal of difficulties. Section 29 of the Amendment provided for the same.

Result

See also

Related Research Articles

<span class="mw-page-title-main">States and union territories of India</span>

India is a federal union comprising 28 states and 8 union territories, for a total of 36 entities. The states and union territories are further subdivided into 806 districts and smaller administrative divisions.

<span class="mw-page-title-main">Bombay State</span> Former state of India

Bombay State was a large Indian state created in 1950 from the erstwhile Bombay Presidency, with other regions being added to it in the succeeding years. Bombay Presidency and Vidarbha) was merged with the princely states of Baroda, Western India and Gujarat and the Deccan States.

<span class="mw-page-title-main">Rajpramukh</span> Administrative title in India (1947–56)

Rajpramukh was an administrative title in India which existed from India's independence in 1947 until 1956. Rajpramukhs were the appointed governors of certain Indian provinces and states.

<span class="mw-page-title-main">Mysore State</span> Indian state from 1947 to 1956; predecessor of Karnataka

Mysore State, colloquially Old Mysore, was a political territory within the Dominion of India and the subsequent Republic of India from 1947 until 1956. The state was formed by renaming the Kingdom of Mysore and Bangalore replaced Mysore as the state's capital. When Parliament passed the States Reorganisation Act in 1956. Mysore State was considerably enlarged when it became a linguistically homogeneous Kannada-speaking state within the Republic of India by incorporating territories from Andhra, Bombay, Coorg, Hyderabad, and Madras States, as well as other petty fiefdoms, It was subsequently renamed Karnataka in 1973.

<span class="mw-page-title-main">Article 370 of the Constitution of India</span> Law granting Jammu and Kashmir special status

Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.

The States Reorganisation Commission of India (SRC) constituted by the Central Government of India in December 1953 to recommend the reorganization of state boundaries. In September 1955, after two years of study, the Commission, comprising Justice Fazal Ali, K. M. Panikkar and H. N. Kunzru, submitted its report. The commission's recommendations were accepted with some modifications and implemented in the States Reorganisation Act in November 1956. The act provided that India's state boundaries should be reorganized to form 14 states and 6 centrally administered territories. On 10 December 1948, the report of Dar Commission was published but the issue remained unsolved.

For the government of India, Part XI of the Constitution of India – consists of Articles on Relations between the Union and States.

Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

<span class="mw-page-title-main">Union territory</span> Form of administrative division in India

A union territory is a type of administrative division in the Republic of India. Unlike the states of India, which have their own governments, union territories are federal territories governed, in part or in whole, directly by the Central Government of India. There are currently eight union territories in India: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi (NCT), Jammu and Kashmir, Ladakh, Lakshadweep and Puducherry.

The Tenth Amendment of the Constitution of India, officially known as The Constitution Act, 1961, incorporated Dadra and Nagar Haveli as the seventh Union territory of India, by amending the First Schedule to the Constitution. It also amended clause (1) of article 240 of the Constitution to include therein the Union territory of Dadra and Nagar Haveli in order to enable the President to "make regulations for the peace, progress and good government of the territory". The 10th Amendment retroactively came into effect on 11 August 1961.

Part I—The Union and Its territories is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of.

<span class="mw-page-title-main">States Reorganisation Act, 1956</span> Indian act reforming state boundaries

The States Reorganisation Act, 1956 was a major reform of the boundaries of India's states and territories, organising them along linguistic lines.

The Fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1955, empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. The amendment also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period. The 5th Amendment re-enacted the provision to Article 3 of the Constitution.

The Twenty-third Amendment of the Constitution of India, officially known as The Constitution Act, 1969, discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Prior to the amendment, the number of Anglo-Indians who could be nominated to the State Legislative Assemblies, was left to the discretion of the Governor of the State. The amendment also extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1980.

The Sixth Amendment of the Constitution of India, officially known as The Constitution Act, 1956, brought taxes on inter-State sales and purchases of goods other than newspapers within the exclusive legislative and executive power of the Union, and levied taxes on inter-State sales and purchase of goods other than newspapers. Although these taxes would be levied and collected in accordance with an Act of Parliament, they would not form part of the Consolidated Fund of India, but would accrue to the States themselves in accordance with such principles of distribution as may be formulated by Parliament by law.

The Twelfth Amendment of the Constitution of India, officially known as The Constitution Act, 1962, incorporated Goa, Daman and Diu as the eighth Union territory of India, by amending the First Schedule to the Constitution. India acquired control of Goa, Daman and Diu from Portugal in December 1961. The amendment also amended clause (1) of article 240 of the Constitution to include therein these territories in order to enable the President to "make regulations for the peace, progress and good government of the territory".

The Fourteenth Amendment of the Constitution of India, officially known as The Constitution Act, 1962, incorporated Pondicherry as the ninth Union territory of India, and also gave Parliament the authority to create by law, Legislatures and Councils of Ministers for the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Puducherry.

The Eighteenth Amendment of the Constitution of India, officially known as The Constitution Act, 1966, amended article 3 of the Constitution in order to clarify the "State" in clauses (a) to (e) of that article include "Union territories". It also added another "Explanation" that the power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

References

  1. "The Constitution (Seventh Amendment) Act, 1956 National Portal of In…". 27 January 2025. Archived from the original on 27 January 2025.
  2. "How were the States formed and how has the Indian map changed since 1…". 18 October 2022. Archived from the original on 18 October 2022.
  3. "How were the States formed and how has the Indian map changed since 1…". 18 October 2022. Archived from the original on 18 October 2022.
  4. Menon, V. P. (1956), The Story of the Integration of the Indian States, New York: Macmillan via archive.org