SALIENT FEATURES OF 5TH AMENDMENT OF THE CONSTITUTION

“ There is a higher form of patriotism than nationalism and that higher form is not limited by the boundaries of one’s country; but by a duty to mankind to safeguard the trust of civilization.”

I like this definition of patriotism quite a lot as it is  not bound to  land under a city, state or nation. But wide enough to think about the benefit of all mankind. What is right, just or true in my opinion is the one which benefits the majority. Wondering why I am talking about patriotism or land boundaries as we are going to deal with an amendment that made significant changes in Article 3 of the constitution. It is the 5th amendment of the constitution.

SALIENT FEATURES OF FIFTH AMENDMENT OF CONSTITUTION OF INDIA ,1955.

Date of passing in ParliamentLok sabha-13.12.1955Rajya sabha-24.12.1955
Date of enforcement12.12.1956
Bill introduced by whom?Mr. H.V. Pataskar
Total no. of amendments1 only in Article 3
objectAims at reorganization of princely states on linguistic basis.Setting a time limit within which the  States have to express their views on this matter concerning reorganization of the state within a certain time frame.The original text of the article since prescribed no time frame to give response on this matter , the matter has been prolonged over a long period of time causing unnecessary delay and annoyance to parliament.

HISTORY OF 5TH AMENDMENT OF CONSTITUTION      

On the eve of 9 december 1946 the first meeting of constituent assembly took place in which they aimed at a vision for having:

  1.  A written constitution for independent indian.
  2. Such a constitution declares India a democratic republic.
  3. The judiciary to be held in high esteem being the protector of constitutional values, and to stand as a strong shield against any harm caused by way of the legislature and the government.

In the constitution an Article 3 was inserted that deals with Formation of new states and alteration of areas, boundaries or names of existing states. 

The reason behind having this article is :

1.The princely states had not been a part of India in 1946, every ruler claimed the rule as a part of his sovereignty.

2. The people in India spoke different languages, moreover based on the region their dialect changed a lot, so there was a possibility of reorganization of Indian states on linguistic basis.

3. The reorganization couldnt be postponed for a long period of time.

Article 3 read as before the amendment:

3. Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State;

Shortcoming of Article 3

No time limit is prescribed under Article 3 due to which States can evade the process of reorganization. As all they had to do was not to send any reply to the reorganization proposal to the parliament.

THE CONSTITUTION (FIFTH AMENDMENT ) ACT, 1955

“Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States specified in Part A or Part B of the First Schedule, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.”

So it provides:

  1. The power to the president to give recommendation to introduce bills in either house of parliament.
  2. The bill that deals with change in area, boundaries or name of state must be first referred by the president to the state legislature for their views.
  3. The president has the power to prescribe the time limit within which the state must give the reply.
  4. The reply of the state is not binding on the parliament.
  5. If no reply is given within the time period the parliament can still continue their plan proposed in the bill.

EFFECT OF 5TH AMENDMENT IN CONSTITUTION

  1. The first state to be reorganized after 1947 was Andhra Pradesh. It was separated into Madras and Andhra Pradesh.
  2.  A confusion arose over the meaning of expression “express view of the state legislature”.Due to this the number of court cases resulting from the violation of article 3 increased.

So supreme court solved this problem in the case of:

                                 Babulal Parate V. the State Of Bombay

                                                 1961 AIR 884            

Factum matrix :

The State REorganization Bill was introduced in lok sabha, in which the clause 8,9 and 10 proposed the formation of 

  1. UT of Bombay.
  2. State of Maharashtra including Marathwada and Vidarbha.
  3. State of Gujarat including Saurashtra and kutch.

After getting the president’s assent instead of 3 units only one composite state of bombay was constituted under section 8(1) of the Act.

BOMBAY HIGH COURT

So in september 12, 1956 a writ was filed U/A 226 in Bombay H.C. on the ground that the Act was violative of Article 3 as the state was given no opportunity to express their views. The writ was dismissed.

APPEAL IN SUPREME COURT U/A 132(1)

The court held that there is nothing in the article that states the parliament must accept or act upon the views of the state legislature. The only condition is that the bill must be referred to the state legislature. Even if the proposal is modified by the state , there is no condition to introduce a fresh bill. So there is no violation of Article 3 of the Indian constitution.

PRESENT POSITION OF INDIA.

The State Reorganization Act 1956, resulted in the creation of 14 states and 6 UT in India after its enactment.

India right now has 28 states and 8 UTs are in India right now.

PARTING WORDS

As far as the relevance of the Amendment and the Act is concerned it was the need of the hour as we need a country governed by elected representatives not by some rulers. So Article 3 was inserted , then in order to have a certain form of homogeneity in the country whether it is based on language we need this amendment. But as a bouquet having flowers of different colors completing each other is the most beautiful, so is my country. 

“It is the unity in diversity that makes it beautiful and unique. Being unique is great as there is no need to fit in when we can stand out being one of a kind.”

BIBLIOGRAPHY

https://www.indiatoday.in

indiakanoon.org

ccrd.vidhiaagaz.com

blog.ipleaders.in

legislative.gov.in

theamikusqriae.com

en.m.wikipedia.org

Bare Act of universal on constitution of india.

quotestats.com

Aishwarya Says:

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