Part VII of the Indian Constitution

Original Provisions of Part VII

• Part VII comprised Article 238, which applied the provisions of Part VI (dealing with the administration of states) to the states listed in Part B of the First Schedule.
• These states were former princely states that had acceded to India and were initially categorized as Part B states.
• Article 238 facilitated the extension of the constitutional framework to these regions.

Omission via the Seventh Amendment (1956)

• The Constitution (Seventh Amendment) Act, 1956, enacted on November 1, 1956, led to the reorganization of states and the reclassification of Part B states.
• Consequently, Article 238 was omitted, and the states in Part B were reclassified as either Part A or Part C states, aligning them with the administrative structures of other Indian states.
• This amendment aimed to streamline the governance and administrative processes across the country.

Seventh Amendment Act, 1956

The Seventh Amendment to the Constitution of India, enacted in 1956, was a landmark amendment that reorganized the structure of states and territories in India and made significant changes to the administrative framework of the Indian Union.

Date Enacted: November 1, 1956
Reason: To implement the recommendations of the States Reorganisation Commission (SRC) (1953) for reorganization of states on a linguistic basis.

Key Provisions and Changes

Abolition of Classification of States

Before the 7th Amendment, Indian states were classified into:

• Part A States – former British provinces,
• Part B States – former princely states,
• Part C States – centrally administered areas,
• Part D State – the Andaman & Nicobar Islands.

Change Made:
This classification was abolished, and states were reclassified into:

• States (with a uniform status), and
• Union Territories

This led to greater administrative uniformity.

Omission of Part VII of the Constitution

• Part VII (Article 238) was deleted, which had applied Part VI (relating to states) to Part B states.
• Part B states ceased to exist as a separate category.

Reorganization of States (on Linguistic Basis)

Several Indian states were reorganized or merged:

• Bombay was expanded by adding parts of Saurashtra and Kutch, and parts of Madhya Pradesh and Hyderabad.
• Kerala was formed by merging Travancore-Cochin with Malabar District and Kasaragod.
• Andhra Pradesh was created by merging Andhra State with Telugu-speaking areas of Hyderabad.
• Mysore (now Karnataka) was reorganized.
• Punjab and PEPSU were merged.

Introduction of Union Territories

• Some areas that were Part C or D states became Union Territories, to be administered by the President through an Administrator.

Amendments to Schedules

• First Schedule was updated to reflect new names and boundaries of states and union territories.
• Fourth Schedule (Rajya Sabha seats) was amended to reflect seat allocation based on the new state boundaries.

Impact on Judiciary & High Courts

• Enabled the establishment of common High Courts for two or more states or a state and a union territory.
• Facilitated administrative integration of judicial systems.

Relevant Judgments

While no landmark Supreme Court judgment directly challenges or overturns the 7th Amendment, it laid the groundwork for several later federalism-related rulings, such as:

• Re Berubari Union case (1960) – which interpreted how territory can be ceded, based on the First Schedule (affected by 7th Amendment).
• State of Rajasthan v. Union of India (1977) – reaffirmed the Union’s powers over states, which were streamlined through the 7th Amendment.

Summary