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Fifth Amendment of the Constitution of India: Difference between revisions
Fifth Amendment of the Constitution of India (edit)
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The '''Fifth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Fifth Amendment) 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.<ref>{{cite book|title=Political Science|publisher=Tata McGraw-Hill Education|page=194|url=https://books.google.com/books?id=ZY9CAQAAQBAJ | The '''Fifth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Fifth Amendment) 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.<ref>{{cite book|title=Political Science|publisher=Tata McGraw-Hill Education|page=194|url=https://books.google.com/books?id=ZY9CAQAAQBAJ&dq=THE+CONSTITUTION+%28FIFTH+AMENDMENT%29+ACT%2C+1955&pg=RA17-PA4|author=Arora|year=2017|isbn=9780071074780|accessdate=26 November 2013}}</ref> 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 proviso to Article 3 of the Constitution. | ||
==Text== | ==Text== | ||
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==Proposal and enactment== | ==Proposal and enactment== | ||
Under the proviso to Article 3 of the Constitution (relating to formation of new States and alteration of areas, boundaries or names of existing States), no bill for the purpose of forming a new state, increasing or decreasing the area of any state or altering the boundaries or name of any state could be introduced in Parliament, unless the views of the State Legislatures concerned with respect to the provisions of the bill had been ascertained by the President. It was considered desirable that when a reference was made to the State Legislatures for the said purpose, the President should be able to prescribe the period within which the states should convey their views, and it should be open to the President to extend such period whenever he considered it necessary. It was also considered desirable to provide that the bill would not be introduced until after the expiry of such period. The 5th Amendment sought to amend the proviso to Article 3 of the Constitution accordingly.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=21;154–155|url=https://books.google.com/books?id=4yp0yhzdKWIC | Under the proviso to Article 3 of the Constitution (relating to formation of new States and alteration of areas, boundaries or names of existing States), no bill for the purpose of forming a new state, increasing or decreasing the area of any state or altering the boundaries or name of any state could be introduced in Parliament, unless the views of the State Legislatures concerned with respect to the provisions of the bill had been ascertained by the President. It was considered desirable that when a reference was made to the State Legislatures for the said purpose, the President should be able to prescribe the period within which the states should convey their views, and it should be open to the President to extend such period whenever he considered it necessary. It was also considered desirable to provide that the bill would not be introduced until after the expiry of such period. The 5th Amendment sought to amend the proviso to Article 3 of the Constitution accordingly.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=21;154–155|isbn=9788172110659|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|accessdate=26 November 2013}}</ref><ref>{{cite web|url=http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=ac1777c9-9009-44e9-adec-4d01bae52409&txtsearch=Subject:%20Constitution|title=A Succinct Note On Formation Of New States In India (in The Light Of Relevant The Constitutional Amendment Acts And Case Law)|last=Rao|first=Y. Srinivasa}} This source quotes the legislation, which is in the public domain.</ref> | ||
{{Indian Constitution TOC}} | {{Indian Constitution TOC}} | ||
The original Article 3 was so drafted because of three main reasons; (a) When it was drafted, the Princely States had not been fully integrated, (b) There was also the possibility of reorganisation of states on linguistic basis; and (c) Constituent Assembly had foreseen that such reorganisation could not be postponed for long. Therefore, accordingly, Article 3 was incorporated in the Constitution providing for an easy and simple method for reorganisation of the states at any time.<ref>{{Cite web|url=https://ccrd.vidhiaagaz.com/the-constitution-fifth-amendment-act/|title=The Constitution (5th Amendmend) Act, 1955|last=Gyan|date=2019-07-12|website=Centre for Constitutional Research and Development|language=en-US|access-date=2019-07-12}}</ref> | The original Article 3 was so drafted because of three main reasons; (a) When it was drafted, the Princely States had not been fully integrated, (b) There was also the possibility of reorganisation of states on linguistic basis; and (c) Constituent Assembly had foreseen that such reorganisation could not be postponed for long. Therefore, accordingly, Article 3 was incorporated in the Constitution providing for an easy and simple method for reorganisation of the states at any time.<ref>{{Cite web|url=https://ccrd.vidhiaagaz.com/the-constitution-fifth-amendment-act/|title=The Constitution (5th Amendmend) Act, 1955|last=Gyan|date=2019-07-12|website=Centre for Constitutional Research and Development|language=en-US|access-date=2019-07-12}}</ref> | ||