Constitution (Fifth Amendment) Act, 1955

The Constitution (Fifth Amendment) Act, 1955 introduced an important procedural refinement in the Indian constitutional framework concerning the formation of new States and alteration of areas, boundaries, or names of existing States. The amendment empowered the President of India to prescribe a specific time limit for State Legislatures to express their views on proposed changes affecting their territory, and to extend this period when necessary. It also ensured that no Bill concerning State boundaries or names could be introduced in Parliament until the expiry of the prescribed or extended period.
The amendment modified the proviso to Article 3 of the Constitution and came into force on 12 December 1956, following Presidential assent on 24 December 1955.

Background and Context

Article 3 of the Indian Constitution empowers Parliament to create new States, alter boundaries, or change the names of existing States by law. However, the original text required that any Bill to this effect could be introduced in Parliament only on the recommendation of the President and after the President had ascertained the views of the concerned State Legislatures.
When the Constitution came into operation in 1950, the political geography of India was still evolving. The process of integrating the Princely States was ongoing, and the demand for linguistic reorganisation of States was gaining momentum. Article 3 was therefore drafted to provide a flexible and expedient mechanism for reorganising States as required by changing political, administrative, and social circumstances.
However, the framers of the Constitution did not specify how long a State Legislature could take to convey its opinion when consulted under Article 3. This omission created practical difficulties when the central government proposed State reorganisations, as there was no defined time frame within which a State was required to respond. The absence of such a timeline risked delaying parliamentary legislation related to State formation or boundary adjustments.
To resolve this procedural gap, the Fifth Amendment was introduced, empowering the President to fix a time limit and extend it if required, thereby streamlining the process of consultation and subsequent parliamentary action.

Need for the Amendment

The proviso to Article 3, as originally enacted, required the President to ascertain the views of the State Legislature on the proposals contained in any Bill affecting State areas or names. However, in practice:

• There was no time limit for a State to respond to such a reference.
• In cases where State Legislatures delayed or failed to communicate their opinion, the introduction of the Bill in Parliament was indefinitely postponed.
• This procedural uncertainty posed a serious administrative challenge, especially when large-scale reorganisation of States was being considered during the early 1950s.

The central government, therefore, found it necessary to amend the proviso to Article 3 to make the process time-bound, yet flexible, through Presidential discretion.

Provisions Introduced by the Fifth Amendment

The amendment substituted the original proviso to Article 3 with a new version that:

1. Authorised the President to specify the time period within which a State Legislature should express its views on a proposal affecting its area, boundary, or name.
2. Empowered the President to extend the period if necessary.
3. Prohibited introduction of a Bill in Parliament for the purpose of altering State boundaries or names until the expiry of the prescribed or extended period.

The revised proviso reads:

“Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States specified in Part A or Part B of the First Schedule, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.”

This language ensured both constitutional compliance and procedural efficiency in matters of territorial reorganisation.

Legislative Process and Enactment

The amendment underwent several legislative iterations before final enactment:

• The Constitution (Fifth Amendment) Bill, 1955 (Bill No. 60 of 1955) was initially introduced in the Lok Sabha on 21 November 1955 by C. C. Biswas, the then Minister of Law and Minority Affairs. This version sought to amend multiple articles, including Articles 3, 100, 101, 103, 148, 189, 190, 192, 276, 297, 311, 316, and 319. However, as the Bill was too extensive, it lapsed with the dissolution of the First Lok Sabha.
• To expedite the amendment relating specifically to Article 3, the government introduced the Constitution (Seventh Amendment) Bill, 1955 (Bill No. 63 of 1955) on 28 November 1955. A motion to refer it to a Select Committee was moved but failed to achieve the special majority required by the Rules of Procedure.
• Subsequently, the government introduced a new Bill, the Constitution (Eighth Amendment) Bill, 1955 (Bill No. 73 of 1955), on 9 December 1955, moved by H. V. Pataskar, Minister of Legal Affairs. This Bill contained only the amendment to Article 3.
• After parliamentary debate on 12 and 13 December 1955, the Bill was passed in the Lok Sabha on 13 December 1955. Before transmission to the Rajya Sabha, the Speaker formally substituted the bracketed words “(Eighth Amendment)” with “(Fifth Amendment)” in its title for proper numbering consistency.
• The Rajya Sabha passed the Bill on 15 December 1955, and it received Presidential assent from Dr. Rajendra Prasad on 24 December 1955. The amendment was published in The Gazette of India on 26 December 1955 and came into force on 12 December 1956, aligning with the implementation of the States Reorganisation Act, 1956.

Relationship with State Reorganisation

The Fifth Amendment coincided with the growing national movement for linguistic reorganisation of States, which culminated in the enactment of the States Reorganisation Act, 1956. The amendment’s timing was deliberate, as it provided a procedural mechanism to handle multiple proposals for reorganisation efficiently.
Article 3 served as the constitutional foundation for creating new States such as Andhra Pradesh (1953) and later the redrawing of State boundaries in 1956. The Fifth Amendment ensured that such legislative processes could proceed within a well-defined constitutional timeframe while still respecting the consultative rights of State Legislatures.

Significance

The Fifth Amendment strengthened the procedural clarity and operational efficiency of Article 3, which remains one of the most frequently invoked provisions in India’s constitutional history. Its key contributions include:

• Facilitating smooth state reorganisation: It provided a structured process for consultation with States while ensuring the Centre could proceed with legislation without indefinite delay.
• Balancing federalism and parliamentary supremacy: While maintaining the federal principle of consulting States, it reinforced Parliament’s authority to make the final decision on boundary alterations.
• Enabling large-scale reforms: The amendment was instrumental in facilitating the massive territorial changes brought about by the States Reorganisation Act, 1956.

Legacy

The Constitution (Fifth Amendment) Act, 1955 stands as a crucial procedural reform in India’s federal development. It bridged the administrative gap between the need for flexibility in reorganising State boundaries and the requirement of timely consultation with States.
In the broader context of Indian constitutional evolution, this amendment exemplified how the framers’ foresight in allowing amendability and adaptability of the Constitution enabled the Union to manage complex processes such as territorial restructuring without constitutional deadlock.
Even decades later, the principles embedded in the Fifth Amendment continue to guide the process of State creation and reorganisation, ensuring an effective balance between national unity and regional autonomy within India’s constitutional democracy.