A constitutional amendment is a modification of the constitution of a polity , organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document. So lets us learn more today about a small constitutional amendment
Like any other written Constitution in the world, the Constitution of India also provides for its amendment in order to adjust itself according to the changing conditions and needs. Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may amend the Constitution by way of addition, variation or repeal any provision in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).
The 18th Amendment of the constitution of India officially known as the constitution (18th Amendment) Act, 1966 was being amended to tell about the Article 3 of The Constitution and this amendment also came to clarity the “State” in clause (a) to (c) of the article & which also includes union territories. This amendment Act also added another Explanation to The amendment that is the power that lies in The hand of a parliament according to the clause (a) which includes the power to form new state or Union territory by uniting a part of State of Union territory to any other State or Union territory. This 18th Amendment Act way only followed in all the territory of India it was framed by our house of India That is lok sabha and was enacted by Rajyasabha. This amendment act was passed on 24 Aug 1966 and was Assented and commenced on 27 Aug 1966 and this bill was being amended by C R Pattabhi Raman, when we speak about Article 3 of The Constitution before The 18th Amendmout Art it was given as “formation of new states and alteration of areas, boundaries or name of existing states
Parliament may by law—
(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:[3]
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 is one of the important amendment act because it gave the best clarification about the state and the union territory and as compare to prior the amendment helped a lot for the constitution and government and they got clarified. the constitution (eighteenth amendment) act, 1966 added two explanation to art 3 clarifying that the term ‘state’ is that article which would include a union territory as well .this facilitated re-organisation of states and union territories by parliament as and when necessary
The amendment also clarified that the power under article 3 (a) includes power to form a new state or union territory to another state or union territory . the amendment was undertaken to facilitate re-organization of the state of Punjab and the union territory of Himachal Pradesh
Reference
- https://legislatative.gov.in
- https://www.indianconstitution.in
- https://byjus.com.in
- http://Blog.ipleaders.in
- Bare act of Indian constitution
- notes of study IQ
- INDIAN CONSTITUTIONAL LAW by M P JAIN 7th edition
ISBN: 978-93-5143-064-3
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