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{{Short description|Clarified the meaning of "State" in the Indian Constitution}}{{Use Indian English|date=November 2013}}
{{Use dmy dates|date=November 2013}}
{{Infobox legislation
|short_title = The Constitution (Eighteenth Amendment) Act, 1966
|legislature = [[Parliament of India]]
|image =
|imagesize = 150px
|imagealt =
|caption =
|long_title = An Act further to amend the Constitution of India.
|citation = [http://indiacode.nic.in/coiweb/amend/amend18.htm 18th Amendment]
|territorial_extent = [[India]]
|enacted_by = [[Lok Sabha]]
|date_passed = 10 August 1966
|enacted_by2 = [[Rajya Sabha]]
|date_passed2 = 24 August 1966
|date_assented = 27 August 1966
|date_commenced = 27 August 1966
|administered_by =
|bill = Constitution (Twentieth Amendment) Bill, 1966
|bill_citation =
|bill_date = 25 July 1966
|introduced_by = [[C. R. Pattabhi Raman]]
|1st_reading =
|2nd_reading =
|3rd_reading =
|bill2 =
|bill_citation2 =
|bill_date2 =
|introduced_by2 =
|1st_reading2 =
|2nd_reading2 =
|3rd_reading2 =
|related_legislation =
|summary =
|keywords =
|status = in force
}}

The '''Eighteenth Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Eighteenth Amendment) Act, 1966''', amended [[Part I of the Constitution of India#Article 3|article 3]] of the Constitution in order to clarify the "State" in clauses (a) to (e) of that article (but not in the proviso) include "Union territories". It also added another "Explanation" that the power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

==Text==
{{quote|BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:
'''1. ''Short title''''' This Act may be called the Constitution (Eighteenth Amendment) Act, 1966.

'''2. ''Amendment of article 3''''' In article 3 of the Constitution, the following Explanations shall be inserted at the end, namely:—
:"''Explanation I'' — In this article in clauses (a) to (e), "State" includes a Union territory, but in the proviso, "State" does not include a Union territory.
:''Explanation II'' — The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory".<ref>{{cite web|title=Texts of the Constitution Amendment Acts|url=http://164.100.47.134/intranet/CAI/A.pdf|work=Lok Sabha Secretariat|access-date=2 December 2013|pages=439–440|archive-url=https://web.archive.org/web/20131203013036/http://164.100.47.134/intranet/CAI/A.pdf|archive-date=3 December 2013|url-status=dead}} {{PD-notice}}</ref><ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend18.htm |title=The Constitution (Eighteenth Amendment) Act, 1966|access-date=3 December 2013}} {{PD-notice}}</ref>}}

The full text of article 3 of the Constitution, prior to the 18th Amendment, is given below:

{{quote|'''3. ''Formation of new States and alteration of areas, boundaries or names 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:<ref>{{cite web|title=The Constitution of India (1949)|url=http://164.100.47.134/intranet/CAI/E.pdf|work=Lok Sabha Secretariat|access-date=30 November 2013|pages=900–901|url-status=dead|archive-url=https://web.archive.org/web/20131203013102/http://164.100.47.134/intranet/CAI/E.pdf|archive-date=3 December 2013|df=dmy-all}} {{PD-notice}}</ref>
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. }}
{{Indian Constitution TOC}}

==Proposal and enactment==
The first attempt to amend article 3, in order to clarify the "State" in clauses (a) to (e) of that article (but not in the proviso) include "Union territories", and also to make it clear that power under clause (a) includes the power to form a new State or Union territory by uniting a part of a State or Union territory to another State or Union territory, was through the ''Constitution (Nineteenth Amendment) Bill, 1966''. The bill was introduced in the [[Lok Sabha]] on 9 May 1966 by [[Jaisukh Lal Hathi]], then Minister of State in the Ministry of Home Affairs. However, the motion to consider the Bill failed to get the requisite majority on 16 May 1966 and was not carried in the Lok Sabha. The amendments proposed in the Bill were later incorporated in the ''Constitution (Twentieth Amendment) Bill, 1966''. Both bills contained exactly the same text.

The ''Constitution (Twentieth Amendment) Bill, 1966'' (Bill No. 39 of 1966) was introduced in the Lok Sabha on 25 July 1966. It was introduced by [[C. R. Pattabhi Raman]], then Minister of State in the Ministry of Law, and sought to amend article 3 just like the ''Constitution (Nineteenth Amendment) Bill, 1966''.<ref name="Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=37–38;178;243;499|isbn=9788172110659|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|access-date=3 December 2013}}</ref> The full text of the Statement of Objects and Reasons appended to the bill is given below:

{{quote|Article 3 of the Constitution provides for the formation of new States and alteration of areas, boundaries, or names of existing States. Before the Constitution (Seventh Amendment) Act, 1956, was enacted, the expression "States" occurring in that article meant Part A States, Part B States and also Part C States. By the Seventh Amendment of the Constitution in 1956, the concept of "Union territories" was introduced in our Constitution but article 3 was not amended to include in terms "Union territories". It is considered proper to amend this article to make it clear that "State" in clauses (a) to (e) of that article (but not in the proviso) includes "Union territories". It is also considered proper to make it clear that power under clause (a) of article 3 includes power to form a new State or Union territory by uniting a part of a State or Union territory to another State or Union territory.

The Bill seeks to achieve the above objects.
|[[Gulzarilal Nanda]]|{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend18.htm |title=The Constitution (Twentieth Amendment) Bill, 1966}} {{PD-notice}}}}

The bill was debated and passed by the Lok Sabha on 10 August 1966, with only a formal amendment to clause 1, changing the short title to the "Constitution (Eighteenth Amendment) Act". The bill passed by the Lok Sabha, was considered and passed by the [[Rajya Sabha]] on 24 August 1966.<ref name = "Constitution Amendment in India"/> The bill received assent from then President [[Zakir Hussain (politician)|Zakir Hussain]] on 27 August 1966, and came into force on the same date.<ref name = "Constitution Amendment in India"/><ref>{{cite web|url=http://www.constitution.org/cons/india/amendment.htm |title=The Constitution (Amendment) Acts |publisher=Constitution.org |access-date=2013-12-01}} {{PD-notice}}</ref> It was notified in ''[[The Gazette of India]]'' on 29 August 1966.<ref name = "Lok Sabha Secretariat">{{cite web|title=Constitution Amendment in India|url=http://164.100.47.134/intranet/CAI/2.pdf|work=Lok Sabha Secretariat|access-date=2 December 2013|page=87|archive-url=https://web.archive.org/web/20131203013122/http://164.100.47.134/intranet/CAI/2.pdf|archive-date=3 December 2013|url-status=dead}} {{PD-notice}}</ref>

==See also==
*[[List of amendments of the Constitution of India]]

==References==
{{reflist}}

[[Category:Amendments of the Constitution of India|18]]
[[Category:1966 in India]]
[[Category:1966 in law]]
[[Category:Indira Gandhi administration]]

Eighteenth Amendment of the Constitution of India - Revision history

->Citation bot at 18:02, 20 December 2021