Hey, I would like to put your attention on a very important topic i.e. 5th Constitutional Amendment Act. You have seen in the olden days that the Tamilnadu Sadan area merged in Kerala. Like that Andhra was removed from Madras State. This type of big change was not possible in Article 3. Therefore Parliament amends it. Let us see it in deatail.
Purpose of 5th Constitutional Amendment Act
-
-
It amended Article 3 of the Indian Constitution which provides the Parliament to effect, by law, reorganization inter se of the states constituting the Indian Union.
-
The Parliament is empowered to enact a law to reorganize the existing states by establishing new states out of the territories of the existing states.
-
by uniting two or more states or parts of states,
-
by altering their boundaries; or by separating the territory from, increasing, or diminishing the area of, or
-
by changing the name of, a state
3. Parliament may by law – in 1950 article 3 looked like that
(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) increasing 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;
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 affect the boundaries of any State or States specified in Part A or Part B of the First Schedule or the name or names of any such State or States,
The views of the Legislature of the State or, as the case may be, of each of the States both with respect to the proposal to introduce the Bill and with respect to the provisions thereof have been ascertained by the President.
• Possibility of reorganization of states on a linguistic basis.
• It did not lay down a time – limit within which the states concerned were to express their views,
• could cause delay or even bring the parliamentary legislation to a standstill.
• Parliament The parliament wanted the reorganization of the states on a linguistic basis which was hampered by the non – expression for any length of time.
• Hence, the 5th Constitutional Amendment Act provided for the President to set a time – limit through which the Parliament could proceed with the matter without waiting for the views of the state concerned.
• Thus made the proceedings regarding the re-organization of states efficient and this propelled the states to check on the issues related to them responsibly.
Alter the name of any State; 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, 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.
The explanation I in this article, in clause (a) to (e), State includes a Union territory, but in the proviso, State does not include a Union territory.
Explanation II 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 States or Union territory.
-
