of the Constitution. Article 308 as it stood prior to the Constitution (Seventh amendment) Act 1956[1] provides as follows:
“308. In this part, unless the context otherwise requires the expression ‘State’ means a State specified in Part A or Part B of the First Schedule.”
124. The States Reorganization Act 1956 and the consequential 1956 amendment altered the provisions of the First Schedule. Prior to the amendment in 1956, States were divided into three categories as specified in Parts A, B and C of the First Schedule of the Constitution. By the seventh amendment, Article 308 was amended and State for the purposes of Part XIV was defined as follows:
“308. In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.”
125. In terms of unamended Article 308, the definition of ‘State’ included Part A and Part B states of the First Schedule and did not include Part C States, since they were administered by the Union. After the 1956 Constitutional Amendment, Article 308 provides an exclusionary definition of ‘State’ by only excluding the State of Jammu and Kashmir. Article 308 does not provide any clarity on whether “State” includes Union Territories for the purposes of Part XIV.
126. Article 366 defines “State” with reference to Articles 246-A,268, 269-A and Article 279-A to include a Union Territory with Legislature. Article 366 does not apply for the interpretation of any of the provisions in Part XIV of the Constitution. Thus, we must fall back on Article 367. Article 367 stipulates that unless the context
- ↑ 1956 amendment
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