Jonah Patel
The 7th Constitutional Amendment Act, 1956, was enacted to implement the changes suggested by the States Reorganisation Act, 1956, which was passed in the Parliament of India. The amendment act brought about a slew of changes to the Constitution of India, reorganising states based on language, and removing the distinction between Part-A and Part-B states, while abolishing Part-C and Part-D states. The amendment act also enabled retired High Court judges to continue practising and allowed a High Court to have jurisdiction extending to more than one state or Union Territory.
| Characteristics | Values |
|---|---|
| Year of enactment | 1956 |
| Purpose | To reorganise states based on language and implement changes suggested by the States Reorganisation Act, 1956 |
| Changes | Rectified errors restricting crucial functions, removed distinction between Part-A and Part-B states, abolished Part-C and Part-D states, enabled retired High Court judges to continue practising in other High Courts or the Supreme Court, enabled a High Court to have jurisdiction over multiple states or Union Territories, inserted Articles 258A, 290A, 298, 350A, 350B, 371, 372A, and 378A, amended Part 8 and Schedules 1, 2, 4, and 7, completely revised Schedule 4 |
| Governors | Appointed for more than two states at a time, given power to assert functions or responsibilities to officers assigned to the state in discussion with the Central Government of India |
| Legislative Council Strength | Lowered to one-third of the strength of the Legislative Assembly of the State for smaller states, modified to a maximum of one-third for larger states |
| Union Territories | Entrusted to the leadership of governors of the state, with the governor unable to pass on leadership or functions to the central government |
| Special Investigative Officers | Allowed to take decisions in matters requiring urgent concern |
| Number of States and Territories | 14 states and 5-6 union territories established |
Explore related products
What You'll Learn
Governors appointed for more than one state at a time
The 7th Constitutional Amendment Act of India, passed in 1956, introduced several changes to the country's governance. One significant aspect of this amendment was the provision for governors to be appointed for more than one state at a time.
Under Article 153 of this amendment, it was proposed that a governor could be appointed for more than two states simultaneously. This provision was included to address the clashes of understanding that had arisen among governors when each state had its own governor. By appointing a single governor for multiple states, it was believed that similar states could function more harmoniously together.
The 7th Amendment also provided term periods for these gubernatorial positions. Additionally, it established special provisions for the states of Andhra Pradesh and Punjab, recognising the importance of linguistic considerations in these states.
The amendment led to the creation of 14 states and 5 to 6 centrally administered territories. However, its implementation faced significant challenges and opposition from the local public, particularly in the state of Maharashtra, where widespread rioting and violence occurred, resulting in approximately eighty fatalities.
It's important to note that, in India, governors hold significant powers and functions at the state level, akin to those of the President of India at the central level. They are appointed by the President of India and remain in office for a term of five years or until a successor is appointed. Governors play a crucial role in preserving, protecting, and defending the constitution and laws of the states they govern.
Understanding Pakistan's Constitution: The 23rd Amendment
You may want to see also
Strength of legislative councils reduced to one-third of the state legislative assembly
The 7th Constitutional Amendment Act of India, enacted in 1956, brought about several significant changes to the country's constitution. One of the key provisions of this amendment was the reduction in the strength of legislative councils to one-third of the state legislative assembly.
Prior to the 7th Amendment, the maximum strength of the legislative council of a state was set at around 25% of the total strength of the state's legislative assembly. However, this arrangement proved challenging for smaller states, leading to functional difficulties. As a result, the 7th Amendment sought to address this issue by lowering the strength of the legislative councils.
The reduction in the strength of legislative councils was aimed at improving efficiency and streamlining decision-making processes. By reducing the number of members, it was believed that the legislative councils would become more agile and better equipped to address the needs of their respective states. This change also brought about a more balanced representation between the legislative council and the legislative assembly within each state.
The 7th Constitutional Amendment Act was a pivotal moment in India's history, as it not only reorganised states based on language but also addressed critical issues impacting the functionality of governance. The reduction in the strength of legislative councils was one of the many amendments made to the constitution, reflecting the country's commitment to adapting and refining its governing structure to better serve its diverse population.
It is worth noting that the 7th Amendment also introduced provisions for the appointment of governors in two or more states and outlined their term periods. Additionally, it established special provisions for states like Andhra Pradesh and Punjab, recognising the importance of linguistic diversity and the need for assertive representation.
Amendment X: States' Rights and Powers Reserved to the People
You may want to see also
Special provisions for Andhra Pradesh and Punjab
The 7th Constitutional Amendment Act, 1956, was enacted to reorganise the states of India along linguistic lines, replacing the existing system of state segregation. It also established special provisions for Andhra Pradesh and Punjab, reflecting the political and linguistic demands of the time.
Article 371 of the Constitution was substituted with a new article, creating a special provision for the states of Andhra Pradesh, Punjab, and Bombay. This article allowed the President to constitute regional committees of the State Legislative Assembly and secure their proper functioning by directing suitable modifications to the rules of business of the government and the rules of procedure of the Assembly. The President was also empowered to assign special responsibilities to the Governor to ensure the effective functioning of these regional committees.
The 7th Amendment recognised the need to address the unique political and linguistic landscape of Andhra Pradesh and Punjab. The amendment allowed for the creation of regional committees within the Legislative Assembly of these states, which could function with a degree of autonomy while still being overseen by the Governor. This provision aimed to balance the centralised governance model with the need to respect regional identities and linguistic diversity.
The amendment also addressed the issue of a single governor overseeing multiple states. Article 153 was modified to clarify that a single governor could be appointed for two or more states, removing any technical barriers to such an arrangement. This provision was particularly relevant to Andhra Pradesh and Punjab, as it allowed for more efficient administration and coordination between neighbouring regions.
The 7th Constitutional Amendment Act played a crucial role in reshaping the administrative landscape of India, with a specific focus on addressing the unique challenges and demands of Andhra Pradesh and Punjab. These provisions aimed to strike a balance between centralised governance and regional autonomy, while also respecting the linguistic and cultural diversity of these states.
Amendments: Congress' Power to Change the Constitution
You may want to see also
Explore related products
Amendment of Article 222
The 7th Constitutional Amendment Act of India was established in 1956 to reorganise the states of India. The Amendment Act introduced changes to the existing system of states' segregation, replacing it with a new categorisation of A, B, C, and D states, and Union territories. As a result, there were 14 states and 6 centrally administered territories established as per the amendment law.
The Amendment also introduced changes to the appointment of governors, allowing a single governor to be appointed for more than two states simultaneously. Additionally, it established special provisions for Andhra Pradesh and Punjab states based on linguistic considerations.
Now, regarding the Amendment of Article 222, this article empowers the President to transfer judges from one High Court to another. Before the Amendment, Clause (2) of Article 222 provided that when a judge was transferred, they were entitled to receive a compensatory allowance in addition to their salary. However, it was felt that there was no real justification for this allowance, and the 7th Constitutional Amendment Act proposed to omit Clause (2).
The Amendment also made changes to Article 224, which provided for recalling retired judges to function on the bench of a High Court for short periods. The Amendment proposed to replace this article with a provision for the appointment of additional and acting judges to clear off arrears and fill temporary vacancies.
Overall, the 7th Constitutional Amendment Act of India brought about significant changes to the structure and administration of the states, as well as to the judicial system, with the aim of improving efficiency and addressing issues that had arisen since the initial constitution in 1950.
Royal Assent: Australia's Unique Constitutional Amendment Process
You may want to see also
Amendment of Part VIII
The 7th Constitutional Amendment Act of 1956 brought consequential and minor amendments and repeals. One of these was the Amendment of Part VIII of the Constitution.
Part VIII of the Constitution previously provided for the administration of Part C States and Part IX for the administration of Part D territories. The Amendment of Part VIII aimed to provide for the administration of Union Territories and repeal Part IX.
The Amendment of Part VIII substituted the heading "The States in Part C of the First Schedule" with "The Union Territories". It also replaced Articles 239 and 240 with the following:
> "239. Administration of Union Territories.-(1) Save as otherwise provided by Parliament by law, every Union Territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union Territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers. 240. Power of President to make regulations for certain Union Territories.-(1) The President may make regulations for the peace, progress and good government of any Union Territory, and for the advancement of the education of the inhabitants thereof, and any regulation so made may repeal or amend any Act of Parliament or any existing law which is for the time being applicable to the Union Territory."
The Amendment also made consequential changes to the Constitution (Removal of Difficulties) Order No. VIII.
Amending the Constitution: Founding Fathers' Vision
You may want to see also
Frequently asked questions
The 7th Constitutional Amendment Act, also known as the Constitution (Seventh Amendment) Act, was enacted in India in 1956. It brought about several changes to the Constitution of India, including the reorganisation of states based on language.
The Act made significant changes to the institution of the judiciary, enabling retired High Court judges to continue practising in other High Courts or in the Supreme Court. It also allowed a High Court to have jurisdiction over more than one state or Union Territory. Additionally, it addressed issues related to the appointment of governors and their powers, and established special provisions for Andhra Pradesh and Punjab states based on linguistic considerations.
The 7th Constitutional Amendment Act was enacted to implement the changes suggested by the States Reorganisation Act of 1956. The reorganisation of states based on language was a key demand of linguistic groups across India, with protests taking place following the reorganisation of Andhra in 1953. The Amendment Act aimed to rectify errors and address the diverse linguistic needs of the country.
