TaxTMI 
TaxTMI 
TaxTMI 
1959 (8) TMI 45
X X X X Extracts X X X X
X X X X Extracts X X X X
.... a Commission under a resolution of the Union Government in the Ministry of Home Affairs, dated December 29, 1953. The Commission submitted its report in due course and on April 18, 1956; a Bill was introduced in the House of the People (Lok Sabha) entitled The States Reorganisation Bill (No. 30 of 1956). Clauses 8, 9 and 10 of the said Bill contained a proposal for the formation of three separate units, namely, (1) Union territory of Bombay ; (2) State of Maharashtra including Marathawada and Vidharbha; and (3) State of Gujurat including Saurashtra and Cutch. The Bill was introduced in the House of the People on the recommendation of the President, as required by the proviso to art. 3 of the Constitution. It was then referred to a Joint Select Committee of the House of the People (Lok Sabha) and the Council of State (Rajya Sabha). The Joint Select Committee made its report on July 16, 1956. Some of the clauses of the Bill were amended in Parliament and on being passed by both Houses, it received the President's assent on August 31, 1956, and became known as the States Reorganisation Act, 1956 (37 of 1956) hereinafter called the Act. It is necessary to read here s. 8(1) of the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the Constitution. The appellant then obtained the necessary certificate under Art. 132(1) of the Constitution, and filed his appeal in this Court on October 18, 1956 on the strength of that certificate. Now, it is both convenient and advisable to read at this stage Art. 3 of the Constitution, as amended by the Constitution (Fifth Amendment) Act, 1955, the alleged violation of which is the main ground of attack by learned counsel for the appellant. " Art. 3: 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; and (e) alter the name of any State ; 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 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iews of the State Legislatures as to the proposals contained in the Bill and then be free to deal with the Bill in any manner it thinks fit, following the usual practice and procedure prescribed by and under the rules of business. Thus the essential content of the second condition is a reference by the President of the proposal contained in the bill to the State Legislature to express its views. thereon within the time allowed. It is worthy of note, and this has been properly emphasised in the judgment of the High Court, that what has to be referred to the State Legislature by the President is the proposal contained in the Bill. The proviso does not say that if and when a proposal contained in the Bill is modified subsequently by an amendment properly moved and accepted in Parliament, there must be a fresh reference to the State Legislature and a fresh bill must be introduced. It was pointed out in the course of arguments that if the second condition required a fresh reference and a fresh bill for every amendment, it might result in an interminable process; because any and every amendment of the original proposal contained in the Bill would then necessitate a fresh Bill and a fresh....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng so as to include any amendment, at least any substantial amendment, of the proposal contained in the Bill; and thirdly, he has contended that in the present case the formation of a new Bombay State as one unit was so different from the three units originally proposed in the Bill that it was not really an amendment of the original proposal but a new I proposal altogether for which a fresh Bill and a fresh reference were necessary. We proceed now to consider these contentions. It is necessary to state at the outset that our task is to determine on a proper construction the true scope and effect of Art. 3 of the Constitution, with particular reference to the second condition laid down by the proviso thereto. We bring to our task such considerations as are germane to the interpretation of an organic instrument like the Constitution; but it will be improper to import into the question of construction doctrines of democratic theory and practice obtaining in other countries, unrelated to the tenor, scheme and words of the provisions which we have to construe. In plain and unambiguous language, the proviso to Art. 3 of the Constitution states that where the proposal contained in the Bi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....colonies or the Swiss Cantons were before they formed their federal unions. The Constituent Assembly of India, deriving its power from the sovereign people, was unfettered by any previous commitment in evolving a constitutional pattern suitable to the genius and requirements of the Indian people as a whole. Unlike some other federal legislatures, Parliament, representing the people of India as a whole, has been vested with the exclusive power of admitting or establishing new States, increasing or diminishing the area of an existing State or altering its boundaries, the Legislature or Legislatures of the States concerned having only the right to an expression of views on the proposals. It is significant that for making such territorial adjustments it is not necessary even to invoke the provisions governing constitutional amendments. The second line of argument presented on behalf of the appellant is that the word I Bill' in the proviso must be interpreted to include an amendment of any of the clauses of the Bill, at least any substantial amendment thereof, and any proposal contained in such amendment must be referred to the State Legislature for expression of its views. We do not t....