5th-Constitutional Amendment Act-1955

Background

The Constitution (Fifth Amendment) Act, 1955 was enacted during a period of intense state reorganisation debates in post-independence India. The original provisions of Article 3 of the Constitution of India (1950) empowered Parliament to enact laws for formation of new states, alteration of boundaries, names, or areas of existing states, but did not prescribe any time limit for states to respond to proposals.

Because state legislatures could indefinitely delay expressing their views, the process of reorganising states – especially on linguistic lines – risked being stalled. To streamline this, the Fifth Amendment introduced a mechanism to set a time-limit on state responses and to ensure bills are introduced only after that period expires.

Thus, its purpose was procedural rather than substantive: it re-drafted the proviso to Article 3 to inject clarity and efficiency into the state reorganisation process.

Important Facts for Prelims Exams

• The fifth amendment is officially known as the Constitution (Fifth Amendment) Act, 1955.
• It received Presidential assent on 24 December 1955 and was notified in the Gazette on 26 December 1955.
• The Amendment specifically changed the proviso to Article 3 of the Constitution.
• The key change: the President was empowered to specify a time limit for a state legislature to express views when a bill affects area, boundaries or name of a state.
• If the state fails to respond within the period (or extended period), Parliament may proceed with the bill.
• This amendment is procedural — it does not touch substantive grounds of state reorganisation powers.
• It links with the later ground events such as the States Reorganisation Act, 1956.
• Also, it emphasizes the recommendation of the President before introducing such bills. 

Main Provisions and Key Facts

• The act substituted a new proviso under Article 3, so that no bill affecting area, boundaries, or name of a state may be introduced in Parliament unless:
1. It is on the recommendation of the President.
2. The President must refer the bill to the state legislature concerned for expressing its views within a specified period (or any extended period).
3. Only after the expiry of that period (or extended period) the bill may be introduced.
• The power to extend the period lies with the President.
• The state views are consultative; Parliament is not bound by them.
• The amendment does not change the core competence of Parliament under Article 3 — it only sets a procedural step.
• The amendment ensures that indefinite delays by states do not hinder Parliament’s legislative functioning.
• It preserves the constitutional scheme of centre-state consultation in matters of territorial alteration, but ensures efficiency.

Significance

• For exam relevance, this Amendment is a procedural refinement that strengthened the reorganisation machinery and avoided paralysis in state boundary laws.
• It reflects the Indian Constitution’s capacity for flexible adaptation in addressing practical governance issues.
• It ensures that state legislatures cannot indefinitely stall central legislative proposals — thereby protecting Parliament’s supremacy in state reorganisation under Article 3.
• The law enabled smoother passage of the States Reorganisation Act 1956 by curbing delays and clarifying process.
• It upholds the principle of cooperative federalism by mandating consultation (not veto) of states before territorial changes.
• It is often cited in polity studies under state reorganisation, legislative procedure, and constitutional amendment timelines.

Criticism or Limitations

• One criticism is that even though states must be consulted, the views remain non-binding. Thus, states may feel their interests are sidelined.
• The power to extend time by the President may be seen as centralising control.
• It does not prescribe a minimum period — so the President could set a very short period, limiting meaningful deliberation.
• The amendment deals only with procedural delay but does not address possible fairness or equity in how states’ interests are weighted in reorganisation.
• In practice, conflicts may arise if state legislatures feel their views were ignored or inadequately considered.

Key Points for Exams

• Year: 1955 (President’s assent on 24 December 1955)
• Article amended: Article 3 of the Constitution
• Schedules / Committees / Judgments:
• No new schedule introduced in this amendment.
• Relevant law: States Reorganisation Act, 1956 (which followed through under the amended Article 3).
• Landmark case referencing Article 3 and state consultation: Babulal Parate v. State of Bombay where validity of Bombay state reorganisation was challenged (state views issue)
• Procedural features: President’s power to set deadlines, requirement of President’s recommendation to introduce bill, state referral for views.
• Connection to syllabus: This amendment is relevant under “Polity – Constitutional Amendments,” “Reorganisation of States,” “Centre-state relations,” and “Legislative procedure.”
• Examination tip: Always remember that Article 3 gives Parliament power over state boundaries but the Amendment makes consultation time-bound, not binding. Also note the distinction — states’ views vs. state veto.

In Short