The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968
✅ The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968
🏛️ 1. Introduction
The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 is a Central Act passed by the Parliament of India under Article 3 of the Indian Constitution, which empowers Parliament to alter the boundaries of any state. This Act was enacted to make minor adjustments in the boundaries between the states of Bihar and Uttar Pradesh (UP).
🎯 2. Purpose and Objectives
To alter the common boundary between Bihar and Uttar Pradesh for administrative and territorial efficiency.
To transfer certain territories from Bihar to Uttar Pradesh and vice versa.
To facilitate better governance, jurisdictional clarity, and access to public services for residents of affected areas.
To settle historical, geographical, or administrative anomalies in the inter-state boundary.
🗺️ 3. Key Features of the Act
🔹 Section 1: Short Title and Commencement
Official title of the Act.
Came into force on a date notified by the Central Government.
🔹 Section 2: Alteration of Boundaries
Specific territories that were transferred between Bihar and Uttar Pradesh were demarcated.
Maps or descriptions may have been annexed or referenced.
🔹 Section 3: Amendment of the First Schedule to the Constitution
The First Schedule of the Indian Constitution, which defines the areas of each state, was amended to reflect the new boundaries.
🔹 Section 4: Legal and Administrative Consequences
Laws applicable in the transferred territory changed to those of the new state.
Matters like:
Continuation of contracts,
Property,
Rights and liabilities,
Civil and criminal jurisdiction, etc., were covered.
🔹 Section 5: Adaptation of Laws
Allowed for temporary provisions to enable smooth transition and implementation of laws in the newly transferred areas.
📍 4. Context and Reason
The boundary between Bihar and Uttar Pradesh included some enclaves and areas where governance was inefficient due to geographical disconnection.
People in some areas found it easier to access services from one state while officially belonging to another.
The reorganization helped in rationalizing boundaries and streamlining administration.
⚖️ 5. Constitutional Basis — Article 3 of the Indian Constitution
Article 3 empowers Parliament to:
Form a new State.
Alter boundaries of existing States.
Change the name of any State.
But, a Bill under Article 3:
Must be introduced with the President's recommendation.
The Legislatures of the affected States must be consulted, though their consent is not mandatory.
📚 Relevant Case Law
While there is no landmark case directly on this 1968 Act, courts have discussed the broader principles under Article 3 and state boundary alteration:
1. Babulal Parate v. State of Bombay (1960)
Issue: Challenge to the formation of Maharashtra and Gujarat under the States Reorganisation Act.
Held: Consent of State Legislature is not mandatory under Article 3; consultation is sufficient.
Relevance: Validated the legislative power behind Acts like the Bihar–UP boundary alteration.
2. Mangal Singh v. Union of India (1966)
Issue: Validity of the Punjab Reorganisation Act, 1966.
Held: Parliament has absolute authority under Article 3 to alter boundaries, even if it affects fundamental rights like residence or employment.
Relevance: Affirms Parliament’s wide powers, which include minor adjustments like those in the 1968 Act.
3. Re: The Berubari Union Case (1960)
Issue: Could India cede part of territory to Pakistan without constitutional amendment?
Held: Ceding Indian territory to a foreign country requires a constitutional amendment (Article 368), but internal boundary changes between states can be done via Article 3.
Relevance: Confirms that altering state boundaries (like between Bihar and UP) does not require a constitutional amendment.
🔄 6. Administrative Impact
Police and judicial jurisdiction shifted to the new state.
Revenue, land records, and local governance systems were reallocated.
Citizens in transferred territories began receiving services under the new state’s policies and laws.
✅ 7. Summary
| Aspect | Details |
|---|---|
| Name | Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 |
| Purpose | To adjust state boundaries for better administration |
| Constitutional Authority | Article 3 of the Indian Constitution |
| Main Feature | Transfer of certain territories between Bihar and UP |
| Legal Outcome | Valid under Supreme Court rulings affirming Article 3 powers |
| Impact | Administrative realignment, legal continuity, improved service delivery |
RELATED Blog
0 comments