|
The Seventh Amendment of the Constitution of India, officially known as The Constitution (Seventh Amendment) Act, 1956, reorganized the States on linguistic lines, abolished Class A, B, C and D States and introduced Union territories. ==Constitutional changes== The 7th Amendment has 26 sections. Section 2 amended article 1. The amended article abolished the three categories of States (Part A, Part B and Part C States) and classified certain areas as Union territories. The areas and boundaries of the State and the Union territories laid down in the First Schedule, were completely revised by Section 2 to reflect the alterations effected by the reorganisation scheme. Section 3 made certain formal and consequential amendments in article 80. It also completely revised the Fourth Schedule, which lays down the allocation of seats to each State in the Rajya Sabha. Section 4 re-enacted articles 81 and 82. The revised article 81 provides that 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. The provision in the original article 81(b) that “the States shall be divided, grouped or formed into territorial constituencies” has been dropped. A provision has been made for re-adjustment in the allocation of seats to the States and the division of each State into territorial constituencies after each census.〔 〕 Section 5 substituted Article 131 to provide that the jurisdiction of the Supreme Court shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, ''sanad'' or other similar instrument which, having been entered into or executed before the commencement of the Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute. Section 6 added a proviso to article 153 making it possible that the same person may be appointed as Governor for two or more States.〔 〕 Section 8 amended article 168(1)(a) to provide that the State of Madhya Pradesh shall have a bicameral Legislature as from such date as the President may by public notification appoint. Section 9 amended article 170, which relates to the composition of State Legislative Assemblies, to bring it into line with articles 81 and 82 as revised by the 7th Amendment. Section 9 raised the maximum strength of the Legislative Council of a State from one-fourth to one-third of the strength of the Legislative Assembly of that State by amending article 171. Section 11 amended article 217(1) to enable every Judge of the High Court to hold office, in the case of additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of 60 years.〔 〕 Section 13 of the 7th Amendment relaxed the complete ban on practice by retired Judges of the High Courts by amending article 220. A retired Judge can hence-forth practice in the Supreme Court and in any High Court other than the one in which he was a permanent Judge. Section 15 amended article 224 so as to enable the President to appoint additional Judges to clear arrears and acting Judges in temporary vacancies. Article 230 has been revised to enable Parliament to extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory. By amending article 231, Section 16 empowered Parliament to establish a common High Court for two or more States.〔 〕 Section 17 re-enacted the original article 239 to provide for the administration of a Union territory by the President acting, to such extent as he thinks fit, through an Administrator to be appointed by him. This would, however, be subject to any law made by Parliament. The President may also appoint the Governor of a State as the Administrator of an adjoining Union territory; where a Governor is so appointed, he shall exercise his function as such Administrator independently of his Council of Ministers. The section also re-enacted article 240 to empower the President to make regulations for the peace, progress and good government of the Union territory of the Andaman and Nicobar Islands and the Union territory of the Laccadive, Minicoy and Amindivi Islands. Any regulation so made may repeal or amend any Act made by Parliament or any existing law applicable to the Union territory for the time being. Section 18 inserted a new article 258A which provides 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. Section 19 inserted a new article 290A to provide annual payment to certain Devaswom Funds.〔 〕 Section 20 substituted a new article for article 298 clarifying that the Union Government and the State Governments are competent to carry on any trade or business and to acquire, hold and dispose of property and make contracts for any purpose, whether or not it is a matter within the legislative competence of the Union, or, as the case may be of the State. However, such extended executive power of the Union and of the States will be subject, in the former case, to legislation by the State, and in the latter case, to legislation by Parliament. Section 21 inserted a new article 350A enjoining 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 the provision of such facilities. Another new article 350B provides for appointment by the President of Special Officers whose duty shall be 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.〔 〕 Section 22 replaced article 371 by another article enabling the President to constitute regional committees of the State Legislative Assemblies of Andhra Pradesh and Punjab and secure their proper functioning by directing suitable modifications to be made in the rules of business of Government and in the rules of procedure of the Assembly and by providing for any special responsibility of the Governor. With respect to the State of Bombay too, the President is empowered to provide for any special responsibility of the Governor for the establishment of separate development boards in different regions of the State, the equitable allocation of funds for developmental expenditure over the different regions and an equitable arrangement providing adequate facilities in technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of the different areas. Section 23 inserted a new article 372A empowering the President to make such adaptations and modifications in any law to bring them into accord with the Constitution of India as amended by the 7th Amendment.〔 〕 Of the three entries in the legislative lists relating to the acquisition and requisitioning of property, Entry 33 of the Union List and Entry 36 of the State List have been omitted while Entry 42 of the Concurrent List has been replaced by a more comprehensive entry covering the whole subject. (Section 26)〔 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Seventh Amendment of the Constitution of India」の詳細全文を読む スポンサード リンク
|