7th Constitutional Amendment Act, 1956

The Constitution (Seventh Amendment) Act, 1956 is a significant milestone in the constitutional and political history of India. It came into effect on 1 November 1956 alongside the States Reorganisation Act, 1956. 

The Amendment implemented wide-ranging changes in the structure of the Indian federation by reorganising the States on linguistic and cultural lines. It abolished the earlier complex classification of States and introduced the concept of States and Union Territories as we know them today. 

Historical Background of 7th Constitutional Amendment Act, 1956

India’s journey to federal reorganisation was a gradual process. Before Independence, the country consisted of British-administered provinces and Princely States under British paramountcy. After Independence, India inherited this complicated patchwork of territories.

The Constitution, adopted in 1950, recognised four types of States:

• Part A States: Former British provinces governed by Governors and State Legislatures.
• Part B States: Former princely states or groups of princely states governed by Rajpramukhs.
• Part C States: Chief commissioner provinces and some smaller princely states, administered by the President through appointed Chief Commissioners.
• Part D Territory: The Andaman and Nicobar Islands, governed by a Lieutenant Governor.

However, this four-fold classification was complex and inefficient.

Demand for Linguistic States

Since the late 19th century, India’s linguistic diversity had led to demands for States based on language. Odisha (formerly Orissa) became the first linguistic State in 1936. After Independence, these demands intensified.

In 1953, Andhra Pradesh became the first State to be reorganised on a linguistic basis, carved out of the Madras Presidency to serve Telugu speakers. This success led to widespread demands across the country.

Formation of the States Reorganisation Commission

To address the growing calls for linguistic reorganisation, the Government of India set up the States Reorganisation Commission (SRC) in 1953. Chaired by Justice Fazl Ali, the Commission was tasked with examining the viability and implications of reorganising States.

The SRC submitted its report in 1955, recommending that States be reorganised primarily on linguistic and cultural lines but also considering administrative efficiency and national unity. The Commission advised against fragmenting States too finely, warning of potential threats to integration.

The States Reorganisation Act and the 7th Amendment

The SRC’s recommendations were accepted by Parliament and gave rise to the States Reorganisation Act, 1956. However, the changes proposed required significant amendments to the Constitution.

The Constitution (Seventh Amendment) Act, 1956 was enacted to bring the Constitution in line with the new political map. It altered various Articles and Schedules to enable the creation of new States and Union Territories and to update governance and representation mechanisms accordingly.

The Amendment came into effect on the same day as the States Reorganisation Act—1 November 1956.

Key Provisions of the 7th Constitutional Amendment Act, 1956

Abolition of the Four-Fold Classification

One of the most fundamental changes was the abolition of the earlier classification of States into Part A, B, C, and D.

• Article 1 was amended to redefine “States” and “Union Territories.”
• The terms Part A and Part B States were replaced by a simple “State” category.
• Part C and Part D States were replaced by “Union Territories.”
• The First Schedule was revised to list the new States and Union Territories explicitly.

As a result, India was divided into 14 States and 6 Union Territories.

Changes in Parliamentary Representation

The Amendment also restructured the representation of States and Union Territories in Parliament.

• Article 81 was rewritten to provide up to 20 Lok Sabha seats to Union Territories.
• It introduced a formula for allocating seats to States and Union Territories based on population.
• Article 82 mandated the readjustment of constituencies after every census to maintain proportional representation.

These changes ensured that the reorganisation did not affect the democratic representation adversely.

Legislative Councils and Assemblies

Certain Articles related to State legislatures were amended to accommodate new States.

• Article 168(1)(a) was amended to include the newly formed Madhya Pradesh in the list of States with bicameral legislatures.
• Article 171 was modified to increase the maximum strength of Legislative Councils from one-fourth to one-third of the Assembly size, offering greater flexibility especially to smaller States.

Governor’s Appointment Flexibility

Originally, Article 153 mandated the appointment of a Governor for each State.

The Seventh Amendment added the proviso:

“Nothing in this article shall prevent the appointment of the same person as Governor for two or more States.”

This change allowed for administrative efficiency by enabling one Governor to oversee multiple States or Union Territories.

Judiciary-Related Amendments

Several Articles concerning the judiciary were modified:

• Article 216 removed the fixed maximum number of judges in High Courts, giving Parliament flexibility in appointments.
• Article 217(1) was amended to clarify terms of additional and acting judges.
• Article 222 removed certain restrictions on transferring judges between High Courts.
• Articles 230 and 231 allowed a single High Court to have jurisdiction over two or more States or over a Union Territory.

Additionally, the Amendment permitted retired High Court judges to practice in other High Courts or the Supreme Court.

New Articles Inserted

The Amendment inserted several new Articles:

• Article 258A empowered Governors to entrust Union functions to State authorities, mirroring similar powers of the President.
• Article 290A provided for annual payments from the States of Kerala and Madras for the maintenance of Hindu temples and shrines.
• Articles 350A and 350B focused on linguistic minority rights, mandating primary education in the mother tongue and appointing a Special Officer for linguistic minorities to safeguard their interests.

Changes in Schedules

• First Schedule was revised to list the new States and Union Territories.
• Fourth Schedule was completely rewritten to allocate Rajya Sabha seats according to the new political geography.
• Seventh Schedule was amended to reallocate legislative powers between the Union and States, reflecting the changed status of territories.

Conclusion

The Constitution (Seventh Amendment) Act, 1956 was a transformative step in India’s nation-building process. By responding to the aspirations of diverse linguistic groups and modernising constitutional provisions, it strengthened India’s federal system.

Its effects are still felt today, as India continues to celebrate the diversity of its States within the unity of the Republic. The Amendment is a testimony to India’s ability to adapt its constitutional framework to changing realities while maintaining democratic principles.