Constitution 7th Amendment Act, 1956

The 7 th Amendment of Indian Constitution was needed to implement the recommendations of the States Reorganisation Commission regarding the reorganization of the states on a linguistic basis. It paved way for doing away with classification of states in A, B, C and D categories and introduced of Union Territories.

Important Facts

• The areas and boundaries pertaining to the States and Union territories which were present in the first schedule of the Constitution was completely revised to reflect the changes brought in by the reorganization scheme.
• 7 th CAA amended articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232.
• It inserted articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A and amended part 8 and schedules 1, 2, 4 and 7.
• Fourth Schedule which lays down the allocation of seats in the Council of States, was completely revised.
• A new article 258A was inserted to provide that the Governor of a State may, with the consent of the Government of India, entrust any State functions to the central Government or its officers.
• Article 81 was revised. It has a provision which made readjustment in the allocation of seats to the states and the divisions of each state into territorial constituencies after each census. It also provided for a maximum of 500 members directly elected from territorial constituencies in the States, and a maximum of 20 members chosen from the Union Territories to the Lok Sabha as Parliament may by law provide.
• The House of the People shall consist of a maximum of 500 members directly elected from territorial constituencies in the States, and a maximum of 20 members chosen from the Union Territories in such manner as Parliament may by law provide.
• A provision making it possible to appoint the same person as Governor for two or more States has been added to article 153.
• Articles 170 and 171 were amended. The maximum strength of the Legislative Council of a State has been raised from one-fourth to one-third of the strength of the Legislative Assembly of that State.
• By amending article 220 relaxes the complete ban on practice by retired judges of the High Courts and made provisions for the retired judge to practice in the Supreme Court and in any High Court other than the one in which he was a permanent judge.
• Article 230 was revised to enable Parliament to extend the jurisdiction of a High Court to, exclude the jurisdiction of a High Court from, any Union territory.
• Article 231 was amended to enable Parliament to establish a common High Court for two or more States.
• Article 240 was revised to make provisions for the peace, progress and good government of the Union territory of:
• The Andaman and Nicobar Islands; and
• The Laccadive, Minicoy and Amindivi Islands.
• Article 39 was revised to provide for the administration of a Union territory by the President through an administrator to be appointed by him. It also states that the President may appoint the Governor of State as the administrator of an adjoining Union territory. In such a case the Governor appointed shall exercise his functions independently of his Council of Ministers.
• A new article 350A states that every State to provide facilities for instruction in mother Tongue at the Primary stage to children belonging to linguistic minority groups and empowers the President to issue directions to any State for securing such facilities.
• A new article 350B inserted provides for appointment for the President to appoint Special Officers whose duty shall to investigate all matters relating to safeguards provided for linguistic minorities under the Constitution and to report to the President upon those matters. These reports shall be laid before each house of Parliament and sent to the Governments of the States concerned.
• Entries relating to Legislative lists to the acquisition and requisition of property. Entry 33 of the Union List and Entry 36 of the State List have been omitted and Entry 42 of the Concurrent List has been replaced by a more comprehensive entry covering the whole subject.

Implications

It was needed to make amendments to implement the scheme of States Reorganization and also to make some changes in certain provisions of the Constitution relating to High Courts and High Courts Judges, the executive power of the Union and the States, and a few in the legislative lists.