Seventh Constitutional Amendment Act 1956 – Indian Polity – Free PDF Download

What was done?

• to implement the scheme of States reorganisation
• to appoint a Governor for two or more States
• to alter the maximum to one-third of the strength of the Legislative Assembly.
• It is proposed to fill the lacuna by a new article 258A.
• It is proposed to replace article 371 by another article making a special provision with respect to the States of Andhra and Punjab
• State Reorganisation Act was passed by the Parliament in November 1956. It provided for 14 states and 6 centrally administered territories.
• Strong reaction came from Maharashtra where widespread rioting broke out and eighty people were killed.
•  June 1956, under pressure Bombay state was divided into Maharashtra and Gujarat with Bombay city forming a separate, centrally administered state . But opposed by Maharashtra.
• Bilingual Bombay proposed, again opposed. Government finally agreed in May 1960 to bifurcate the state of Bombay into Maharashtra and Gujarat, with Bombay city being included in Maharashtra and Ahmedabad being capital of Gujarat.
• Punjab 1956, the state of PEPSU had been merged with Punjab, which however remained a trilingual state having three language speakers – Punjabi, Hindi and Pahari within its borders.

7^th Amendment

• The territorial changes and the formation of new states and Union territories as proposed in Part II of the States Reorganisation Bill, 1956, involve a complete revision of the Fourth Schdule to the Constitution by which the seats in the Council of States are allocated to the existing States.
• The present allocation is made on the basis of the population of each State as ascertained at the census of 1941 and the number of seats allotted to each Part A and Part B State is according to the formula, one seat per million for the first five millions and one seat for every additional two millions or part thereof exceeding one million

Article 153

• to appoint a Governor for two or more States,

Article 171

• the maximum strength of the Legislative Council of a State is fixed at one-fourth of the strength of the Legislative Assembly of that State. Although in the larger States, like Uttar Pradesh and Bihar, this maximum is adequate, it leads to difficulties in the case of the smaller States.
• It is, therefore, proposed to alter the maximum to one-third of the strength of the Legislative Assembly.

Article 258A

• While the President is empowered by article 258 (1) to entrust Union functions to a State Government or its officers, there is no corresponding provision enabling the Governor of a State to entrust State functions to the Central Government or its officers.
• This lacuna has been found to be of practical consequence in connection with the execution of certain development projects in the States. It is proposed to fill the lacuna by a new article 258A.
• Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.

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