The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968

Summary of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968:
Key Provisions
1. Territorial Changes: - To Bihar:
• Territories of Ballia district (Uttar Pradesh) between the fixed boundary and the deep stream of the Ghaghra and Ganga rivers.
• To Uttar Pradesh:
• Territories of Saran district (Bihar) between the fixed boundary and the deep stream of the Ghaghra river.
• Territories of Shahabad district (Bihar) between the fixed boundary and the deep stream of the Ganga river.
4. Boundary Demarcation: - Authority: Appointed by the Central Government.
• Considerations:
• Conformity with the Schedule (not fully provided in the context).
• Stability of boundary pillars.
• Avoid splitting existing abadis (inhabited areas).
• Authority's Powers:
• Final decision on boundary interpretations.
• Determining boundary pillar locations and maintenance responsibilities.
5. Administrative Provisions: - Administration of Transferred Territories: State Governments to provide for administration through official gazette orders.
• State Financial Corporations and Electricity Boards: Deemed constituted for the altered states.
• Laws and Legal Proceedings:
• No immediate change in the territorial extent of laws.
• Power to adapt laws within one year.
• Provision for legal proceedings and transfer of pending proceedings.
6. Legislative Representation: - Constitutional Amendment: Updates to the First Schedule of the Constitution reflecting the new boundaries.
• Delimitation of Constituencies: Adjustments for parliamentary, assembly, and council constituencies to include/exclude transferred territories.
7. Miscellaneous: - Right of Pleaders to Practise: Temporary continuation (6 months) for pleaders in transferred territories.
• Boundary Pillars Construction: Authority and maintenance responsibilities defined.

Legislative History:

The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968

● Act Title - The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968

● Act Number / Year - 24 of 1968

● Act ID (India Code) - 196824

● Presidential Assent Date - May 22, 1968

● Enforcement Date - June 10, 1970

● Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

● Resolution of Fluvial Boundary Disputes - Enacted to replace the fluctuating riverine boundaries (primarily formed by the Ganges and Ghaghara rivers) between the States of Bihar and Uttar Pradesh with a fixed, rationalized land boundary.

● Administrative & Jurisdictional Stability - Formulated to eliminate recurring administrative, law enforcement, and land revenue disputes caused by changing river courses, transferring specific villages and territories between the two states to establish permanent administrative clarity.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Ministry of Home Affairs pursuant to Article 3 of the Constitution of India, following the acceptance of recommendations by the Trivedi Commission appointed to settle the inter-state boundary dispute.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) during the May 1968 session after consultation with the legislatures of Bihar and Uttar Pradesh.

● Presidential Assent - Received Presidential Assent on May 22, 1968.

● Enforcement - Enforced on June 10, 1970.

Source - Official Record of Parliament, India Code, and Ministry of Home Affairs.