Formation Of New States In India THE CONSTITUTION (FOURTH AMENDMENT) ACT, 1955 [27th April, 1955.] An Act further to amend the Constitution of India. BE it enacted by Parliament in the Sixth Year of the Republic of India as follow:- 1. Short title.-This Act may be called the Constitution (Forth Amendment) Act, 1955. 2. Amendment of article 31.-In article 31 of the Constitution, for clause (2), the following clauses shall be substituted, namely:--- "(2) No property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of the compensation or specifies the principles on which, and the manner in which, the compensation is to be determined and given; and no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate. (2A) Where a law does not provide for the transfer of the ownership or right to possession of any property to the State or to a corporation owned or controlled by the State, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property.". 3. Amendment of article 31A.-In article 31A of the Constitution,-- (a) for clause (1), the following clause shall be, and shall be deemed always to have been, substituted, namely:- "(1) Notwithstanding anything contained in article 13, no law providing for- (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, article 19 or article 31: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent."; and (b) in clause (2),- (i) in sub-clause (a), after the word "grant", the words "and in the States of Madras and Travancore-Cochin, any janman right" shall be, and shall be deemed always to have been, inserted; and (ii) in sub-clause (b), after the word "tenure-holder", the words "raiyat, under-raiyat" shall be, and shall be deemed always to have been, inserted. 4. Substitution of new article for article 305.-For article 305 of the Constitution, the following article shall be substituted, namely:- "305. Saving of existing laws and laws providing for State mono- polies.-Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.". 5. Amendment of the Ninth Schedule.-In the Ninth Schedule to the Constitution, after entry 13, the following entries shall be added, namely:--- "14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950 (Bihar Act XXXVIII of 1950). 15. The United Provinces Land Acquisition (Rehabilitation of Re- fugees) Act, 1948 (U.P. Act XXVI 1948). 16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act LX of 1948). 17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950). 18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951). 19. Chapter III-A of the Industries (Development and Regulation) Act, 1951 (Act LXV of 1951), as inserted by section 13 of the Industries (Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953). 20. The West Bengal Land Development and Planning Act, 1948 (West Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.". ]' A fortiori, it is essential to know about THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966. it is reads as follows: THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966 Statement of Objects and Reasons appended to the Constitution (Twentieth Amendment) Bill, 1966 which was enacted as the Constitution (Eighteenth Amendment) Act, 1966 STATEMENT OF OBJECTS AND REASONS Article 3 of the Constitution provides for the formation of new States and alteration of areas, boundaries, or names of existing States. Before the Constitution (Seventh Amendment) Act,1956, was enacted,the expression"States"occurring in that article meant Part A States, Part B States and also Part C States. By the Seventh Amendment of the Constitution in 1956, the concept of "Union territories" was introduced in our Constitution but article 3 was not amended to include in terms "Union territories". It is considered proper to amend this article to make it clear that "State" in clauses (a) to (e) of that article (but not in the proviso)includes "Union territories". It is also considered proper to make it clear that power under clause (a) of article 3 includes power to form a new State or Union territory by uniting a part of a State or Union territory to another State or Union territory. THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966 [27th August, 1966.] An Act further to amend the Constitution of India. BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:- 1. Short title.-This Act may be called the Constitution (Eighteenth Amendment) Act, 1966. 2. Amendment of article 3.- In article 3 of the Constitution, the following Explanations shall be inserted at the end, namely:- Explanation I.- In this article in clauses (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 any other State or Union territory. Article 1 (3) (c) provides that 'such other territories as may be acquired'. By mixture of the provisions, the territories comprising in Goa, Daman and Diu under the Portuguese rule were annexed by the Government of India bu conquest on 20th December,1961 were made a part of India. By the constitution (Twelfth amendment) Act, 1962, Goa, Diu and Daman were added as entry 5 in part II of the first schedule to the constitution and as d. (d) in Article 240 of the constitution with retrospective effect from the date of their annexation. Ours is a constitution where there is a combination of federal with unitary features. While in a unitary state, there is only one government, federal state involves multi-governments, namely national or federal government and the governments of component states. A federal state, in short is a fusion of several states into a single state is regard to matters affecting common interest leaving each component state to join autonomy in regard to other matters. Let us see, THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962. It reads thus: ' THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962 Statement of Objects and Reasons appended to the Constitution (Twelfth Amendment) Bill, 1962 which was enacted as the Constitution (Twelfth Amendment) Act, 1962 STATEMENT OF OBJECTS AND REASONS On the acquisition of the territories of Goa, Daman and Diu with effect from the 20th December, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of article 1 of the Constitution, been comprised within the territory of India from that date and they are being administered as a Union territory by the President through an Administrator in accordance with article 239 of the Constitution. It is, however, considered desirable that Goa, Daman and Diu should be specifically included as a Union territory in the First Schedule to the Constitution. It is also considered that clause (1) of article 240 should be suitably amended to confer power on the President to make regulations for the peace, progress and good government of Goa, Daman and Diu, as has been done in the case of Dadra and Nagar Haveli. The Constitution (Twelfth Amendment) Bill, 1962 seeks to make the above mentioned provisions. THE CONSTITUTION (TWELFTH AMENDMENT) ACT, 1962 [27th March, 1962.] An Act further to amend the Constitution of India. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:- 1.Short title and commencement.-(1) This Act may be called the Constitution (Twelfth Amendment) Act, 1962. (2) It shall be deemed to have come into force on the 20th day of December 1961. 2. Amendment of the First Schedule to the Constitution.-In the First Schedule to the Constitution, under the heading "THE UNION TERRITORIES", after entry 7, the following entry shall be inserted,namely:- 8. Goa, Daman The territories which immediately before and Diu the twentieth day of December, 1961 were comprised in Goa, Daman and Diu.". 3. Amendment of article 240.-In article 240 of the Constitution, in clause (1), after entry (c), the following entry shall be inserted, namely:- "(d) Goa, Daman and Diu.". ' In view of the above the Constitutional Amendment Acts and the relevant case law, one can understand the procedure to form a new State . The effort made to present this article may kindly be appreciated.
Posted on: Fri, 09 Aug 2013 03:59:26 +0000
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