jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
make laws on any subject of the State List (except public order	and police) and the Concurrent List.	The President can make regulations for the peace, progress
and good government of the Andaman and Nicobar Islands,	Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and	Ladakh. In the case of Puducherry also, the President can
legislate by making regulations but only when the assembly is	suspended or dissolved. A regulation made by the President has	the same force and effect as an act of Parliament and can also
repeal or amend any act of Parliament in relation to these union	territories.	The Parliament can establish a high court for a union territory
or put it under the jurisdiction of the high court of adjacent state.	Delhi is the only union territory that has a high court of its own	(since 1966). The Bombay High Court has got jurisdiction over
two union territo-ries–Dadra and Nagar Haveli, and Daman and	Diu. Andaman and Nocobar Islands, Chandigarh, Lakshadweep	and Puducherry are placed under the Calcutta, Punjab and
Haryana, Kerala, and Madras High Courts respectively. The	Jammu and Kashmir High Court is the common high court for the	two union territories of Jammu and Kashmir, and Ladakh.
The Constitution does not contain any separate provisions for	the administration of acquired territories. But, the constitutional	provisions for the administration of union territories also apply to
SPECIAL PROVISIONS FOR DELHI	The 69th Constitutional Amendment Act of 19915 provided a	special status to the Union Territory of Delhi, and redesignated it
the National Capital Territory of Delhi and designated the	administrator of Delhi as the lieutenant (lt.) governor. It created a	legislative assembly and a council of ministers for Delhi.
Previously, Delhi had a metropolitan council and an executive	council.	The strength of the assembly is fixed at 70 members, directly
elected by the people. The elections are conducted by the election	commission of India. The assembly can make laws on all the	matters of the State List and the Concurrent List except the three
matters of the State List, that is, public order, police and land. But,	the laws of Parliament prevail over those made by the Assembly.	The strength of the council of ministers is fixed at ten per cent
of the total strength of the assembly, that is, seven–one chief	minister and six other ministers. The chief minister is appointed by	the President (not by the lt. governor). The other ministers are
appointed by the president on the advice of the chief minister. The	ministers hold office during the pleasure of the president. The	council of ministers is collectively responsible to the assembly.
The council of ministers headed by the chief minister aid and	advise the lt. governor in the exercise of his functions except in so	far as he is required to act in his discretion. In the case of
difference of opinion between the lt. governor and his ministers,	the lt. governor is to refer the matter to the president for decision	and act accordingly.
When a situation arises in which the administration of the	territory cannot be carried on in accordance with the above	provisions, the president can suspend their (above provisions)
operation and make the necessary incidental or consequential	provisions for administering the territory. In brief, in case of failure	of constitutional machinery, the president can impose his rule in
the territory. This can be done on the report of the lt. governor or	otherwise. This provision resembles Article 356 which deals with	the imposition of President’s Rule in the states.
The lt. governor is empowered to promulgate ordinances during	recess of the assembly. An ordinance has the same force as an	act of the assembly. Every such ordinance must be approved by
the assembly within six weeks from its reassembly. He can also	withdraw an ordinance at any time. But, he cannot promulgate an	ordinance when the assembly is dissolved or suspended. Further,
ADVISORY COMMITTEES OF UNION TERRITORIES	Under the Government of India (Allocation of Business) Rules	1961, Ministry of Home Affairs is the nodal ministry for all matters
of Union Territories relating to legislation, finance and budget,	services and appointment of Lt. Governors and Administrators.	All the six UTs without legislature (Andaman and Nicobar
Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli,	Lakshadweep and Ladakh) have the forum of Home Minister’s	Advisory Committee (HMAC)/Administrator’s Advisory Committee
(AAC). While HMAC is chaired by the Union Home Minister, AAC	is chaired by the Administrator of the concerned UTs. The	Member of Parliament and elected members from the local bodies
e.g. District Panchayats and Municipal Council of the respective	UTs are members of these committees among others. The	Committee discusses the general issues relating to social and
economic development of the UTs.6	Table 40.1 Administrative System of Union Territories at a Glance	Union Executive Legislature Judiciary
Territories	1. Andaman and Lt. Governor – Under Calcutta	Nicobar High Court
Islands	2. Chandigarh Administrator – Under Punjab and	Haryana High
Court	3. Dadra and Administrator – Under Bombay	Nagar Haveli High Court
4. Daman and Administrator – Under Bombay	Diu High Court	5. Delhi (a) Lt. Legislative Separate High
Governor Assembly Court	(b) Chief	minister
(c) Council of	ministers	6. Lakshadweep Administrator – Under Kerala
High Court	7. Puducherry (a) Lt. Legislative Under Madras	Governor Assembly High Court
(b) Chief	minister	(c) Council of
ministers	8. Jammu and (a) Lt. Legislative Under Jammu	Kashmir Governor Assembly and Kashmir High
(b) Chief Court	Minister	(c) Council of
Ministers	9. Ladakh Lt. Governor – Under Jammu	and Kashmir High
Court	Note: The Governor of Punjab is concurrently the Administrator of	Chandigarh. The Administrator of Dadra and Nagar Haveli is
concurrently the Administrator of Daman and Diu. Lakshadweep	has a separate Administrator7 .	Table 40.2 Comparing States and Union Territories
States Union Territories	1. Their relationship with 1. Their relationship with	Centre is federal. Centre is unitary.
2. They share a distribution of 2. They are under the direct	power with the Centre. control and administration of	the Centre.
3. They have autonomy. 3. They do not have any	autonomy.	4. There is uniformity in their 4. There is no uniformity in
administrative set-up. their administrative set-up.	5. Their executive head is 5. Their executive head is	known as governor. known by various designa-
tions–administrator or	lieutenant governor or chief	commissioner.
6. A governor is a 6. An administrator is an agent	constitutional head of the of the president.	state.
7. Parliament cannot make 7. Parliament can make laws	laws on the subjects of the on any subject of the three	state list in relation to the lists the state list in relation
states except under to the states except under in	extraordinary circumstances. relation to the union	territories.
Table 40.3 Articles Related to Union Territories at a Glance	Article No. Subject-matter	239. Administration of Union territories
239A. Creation of local Legislatures or Council of	Ministers or both for certain Union territories	239AA. Special provisions with respect to Delhi
239AB. Provision in case of failure of constitutional	machinery	239B. Power of administrator to promulgate
Ordinances during recess of Legislature	240. Power of President to make regulations for	certain Union territories
241. High Courts for Union territories	242. Coorg (Repealed)	NOTES AND REFERENCES
1. S.R. Maheshwari, State Governments in India,	Macmillan, 2000 Edition, p. 131.	2. In 1950, the constitution contained a four-fold
classification of the states and territories of the Indian	Union - Part A, Part B and Part C states and Part D	territories.
3. J.C. Johari : Indian Government and Politics, Vishal,	volume II, 13th Edition, 2001, p. 499.	4. The Assembly of Puducherry consists of 30 members
while that of Delhi 70 members and that of Jammu and	Kashmir 83 members.	5. With effect from 1 February 1992.
6. Annual Report 2018–19, Ministry of Home Affairs,	Government of India, p. 70.	7. India 2019: A Reference Annual, Publications Division,
41 Scheduled and Tribal Areas	A	rticle 244 in Part X of the Constitution envisages a special
system of administration for certain areas designated as	‘scheduled areas’ and ‘tribal areas’. The Fifth Schedule of	the Constitution deals with the administration and control of
scheduled areas and scheduled tribes in any state except the four	states of Assam, Meghalaya, Tripura and Mizoram1. The Sixth	Schedule of the Constitution, on the other hand, deals with the
ADMINISTRATION OF SCHEDULED AREAS	‘The scheduled areas are treated differently from the other areas	in the country because they are inhabited by ‘aboriginals’ who are
socially and economically rather backward, and special efforts	need to be made to improve their condition. Therefore, the whole	of the normal administrative machinery operating in a state is not
extended to the scheduled areas and the Central government has	somewhat greater responsibility for these areas’2 .	The various features of administration contained in the Fifth
Schedule are as follows:	1. Declaration of Scheduled Areas: The president is	empowered to declare an area to be a scheduled area. He
can also increase or decrease its area, alter its boundary	lines, rescind such designation or make fresh orders for	such redesignation on an area in consultation with the
governor of the state concerned.	2. Executive Power of State and Centre: The executive	power of a state extends to the scheduled areas therein. But
the governor has a special responsibility regarding such	areas. He has to submit a report to the president regarding	the administration of such areas, annually or whenever so
required by the president. The executive power of the Centre	extends to giving directions to the states regarding the	administration of such areas.
3. Tribes Advisory Council: Each state having scheduled	areas has to establish a tribes advisory council to advise on	welfare and advancement of the scheduled tribes. It is to
consist of 20 members, three-fourths of whom are to be the	representatives of the scheduled tribes in the state	legislative assembly. A similar council can also be
established in a state having scheduled tribes but not	scheduled areas therein, if the president so directs.	4. Law applicable to Scheduled Areas: The governor is
empowered to direct that any particular act of Parliament or	the state legislature does not apply to a scheduled area or	apply with specified modifications and exceptions. He can
also make regulations for the peace and good government	of a scheduled area after consulting the tribes advisory	council. Such regulations may prohibit or restrict the transfer
of land by or among members of the scheduled tribes,	regulate the allotment of land to members of the scheduled	tribes and regulate the business of money-lending in relation
to the scheduled tribes. Also, a regulation may repeal or	amend any act of Parliament or the state legislature, which	is applicable to a scheduled area. But, all such regulations
require the assent of the president.	The Constitution requires the president to appoint a	commission to report on the administration of the scheduled areas
and the welfare of the scheduled tribes in the states. He can	appoint such a commission at any time but compulsorily after ten	years of the commencement of the Constitution. Hence, a
commission was appointed in 1960. It was headed by U.N.	Dhebar and submitted its report in 1961. After four decades, the	second commission was appointed in 2002 under the
ADMINISTRATION OF TRIBAL AREAS	The Constitution, under Sixth Schedule, contains special	provisions for the administration of tribal areas in the four north-
eastern states of Assam, Meghalaya, Tripura and Mizoram. The	rationality behind the special arrangements in respect of only	these four states lies in the following:
“The tribes in Assam, Meghalaya, Tripura and Mizoram have	not assimilated much the life and ways of the other people in	these states. These areas have hitherto been anthropological
specimens. The tribal people in other parts of India have more	or less adopted the culture of the majority of the people in	whose midst they live. The tribes in Assam, Meghalaya, Tripura
and Mizoram, on the other hand, still have their roots in their	own culture, customs and civilization. These areas are,	therefore, treated differently by the Constitution and sizeable
amount of autonomy has been given to these people for self-	government.3 ”	The various features of administration contained in the Sixth
Schedule are as follows:	1. The tribal areas in the four states of Assam, Meghalaya,	Tripura and Mizoram have been constituted as autonomous
districts4. But, they do not fall outside the executive authority	of the state concerned.	2. The governor is empowered to organise and re-organise the
autonomous districts. Thus, he can increase or decrease	their areas or change their names or define their boundaries	and so on.
3. If there are different tribes in an autonomous district, the	governor can divide the district into several autonomous	regions.
4. Each autonomous district has a district council consisting of	30 members, of whom four are nominated by the governor	and the remaining 26 are elected on the basis of adult
franchise. The elected members hold office for a term of five	years (unless the council is dissolved earlier) and nominated	members hold office during the pleasure of the governor.
Each autonomous region also has a separate regional	council.	5. The district and regional councils administer the areas under
their jurisdiction. They can make laws on certain specified	matters like land, forests, canal water, shifting cultivation,	village administration, inheritance of property, marriage and
divorce, social customs and so on. But all such laws require	the assent of the governor.	6. The district and regional councils within their territorial
jurisdictions can constitute village councils or courts for trial	of suits and cases between the tribes. They hear appeals	from them. The jurisdiction of high court over these suits and
cases is specified by the governor.	7. The district council can establish, construct or manage	primary schools, dispensaries, markets, ferries, fisheries,
roads and so on in the district. It can also make regulations	for the control of money lending and trading by nontribals.	But, such regulations require the assent of the governor.
8. The district and regional councils are empowered to assess	and collect land revenue and to impose certain specified	taxes.
9. The acts of Parliament or the state legislature do not apply	to autonomous districts and autonomous regions or apply	with specified modifications and exceptions5 .

make laws on any subject of the State List (except public order

and police) and the Concurrent List.

The President can make regulations for the peace, progress

and good government of the Andaman and Nicobar Islands,

Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and

Ladakh. In the case of Puducherry also, the President can

legislate by making regulations but only when the assembly is

suspended or dissolved. A regulation made by the President has

the same force and effect as an act of Parliament and can also

repeal or amend any act of Parliament in relation to these union

territories.

The Parliament can establish a high court for a union territory

or put it under the jurisdiction of the high court of adjacent state.

Delhi is the only union territory that has a high court of its own

(since 1966). The Bombay High Court has got jurisdiction over

two union territo-ries–Dadra and Nagar Haveli, and Daman and

Diu. Andaman and Nocobar Islands, Chandigarh, Lakshadweep

and Puducherry are placed under the Calcutta, Punjab and

Haryana, Kerala, and Madras High Courts respectively. The

Jammu and Kashmir High Court is the common high court for the

two union territories of Jammu and Kashmir, and Ladakh.

The Constitution does not contain any separate provisions for

the administration of acquired territories. But, the constitutional

provisions for the administration of union territories also apply to

SPECIAL PROVISIONS FOR DELHI

The 69th Constitutional Amendment Act of 19915 provided a

special status to the Union Territory of Delhi, and redesignated it

the National Capital Territory of Delhi and designated the

administrator of Delhi as the lieutenant (lt.) governor. It created a

legislative assembly and a council of ministers for Delhi.

Previously, Delhi had a metropolitan council and an executive

council.

The strength of the assembly is fixed at 70 members, directly

elected by the people. The elections are conducted by the election

commission of India. The assembly can make laws on all the

matters of the State List and the Concurrent List except the three

matters of the State List, that is, public order, police and land. But,

the laws of Parliament prevail over those made by the Assembly.

The strength of the council of ministers is fixed at ten per cent

of the total strength of the assembly, that is, seven–one chief

minister and six other ministers. The chief minister is appointed by

the President (not by the lt. governor). The other ministers are

appointed by the president on the advice of the chief minister. The

ministers hold office during the pleasure of the president. The

council of ministers is collectively responsible to the assembly.

The council of ministers headed by the chief minister aid and

advise the lt. governor in the exercise of his functions except in so

far as he is required to act in his discretion. In the case of

difference of opinion between the lt. governor and his ministers,

the lt. governor is to refer the matter to the president for decision

and act accordingly.

When a situation arises in which the administration of the

territory cannot be carried on in accordance with the above

provisions, the president can suspend their (above provisions)

operation and make the necessary incidental or consequential

provisions for administering the territory. In brief, in case of failure

of constitutional machinery, the president can impose his rule in

the territory. This can be done on the report of the lt. governor or

otherwise. This provision resembles Article 356 which deals with

the imposition of President’s Rule in the states.

The lt. governor is empowered to promulgate ordinances during

recess of the assembly. An ordinance has the same force as an

act of the assembly. Every such ordinance must be approved by

the assembly within six weeks from its reassembly. He can also

withdraw an ordinance at any time. But, he cannot promulgate an

ordinance when the assembly is dissolved or suspended. Further,

ADVISORY COMMITTEES OF UNION TERRITORIES

Under the Government of India (Allocation of Business) Rules

1961, Ministry of Home Affairs is the nodal ministry for all matters

of Union Territories relating to legislation, finance and budget,

services and appointment of Lt. Governors and Administrators.

All the six UTs without legislature (Andaman and Nicobar

Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli,

Lakshadweep and Ladakh) have the forum of Home Minister’s

Advisory Committee (HMAC)/Administrator’s Advisory Committee

(AAC). While HMAC is chaired by the Union Home Minister, AAC

is chaired by the Administrator of the concerned UTs. The

Member of Parliament and elected members from the local bodies

e.g. District Panchayats and Municipal Council of the respective

UTs are members of these committees among others. The

Committee discusses the general issues relating to social and

economic development of the UTs.6

Table 40.1 Administrative System of Union Territories at a Glance

Union Executive Legislature Judiciary

Territories

1. Andaman and Lt. Governor – Under Calcutta

Nicobar High Court

Islands

2. Chandigarh Administrator – Under Punjab and

Haryana High

Court

3. Dadra and Administrator – Under Bombay

Nagar Haveli High Court

4. Daman and Administrator – Under Bombay

Diu High Court

5. Delhi (a) Lt. Legislative Separate High

Governor Assembly Court

(b) Chief

minister

(c) Council of

ministers

6. Lakshadweep Administrator – Under Kerala

High Court

7. Puducherry (a) Lt. Legislative Under Madras

Governor Assembly High Court

(b) Chief

minister

(c) Council of

ministers

8. Jammu and (a) Lt. Legislative Under Jammu

Kashmir Governor Assembly and Kashmir High

(b) Chief Court

Minister

(c) Council of

Ministers

9. Ladakh Lt. Governor – Under Jammu

and Kashmir High

Court

Note: The Governor of Punjab is concurrently the Administrator of

Chandigarh. The Administrator of Dadra and Nagar Haveli is

concurrently the Administrator of Daman and Diu. Lakshadweep

has a separate Administrator7 .

Table 40.2 Comparing States and Union Territories

States Union Territories

1. Their relationship with 1. Their relationship with

Centre is federal. Centre is unitary.

2. They share a distribution of 2. They are under the direct

power with the Centre. control and administration of

the Centre.

3. They have autonomy. 3. They do not have any

autonomy.

4. There is uniformity in their 4. There is no uniformity in

administrative set-up. their administrative set-up.

5. Their executive head is 5. Their executive head is

known as governor. known by various designa-

tions–administrator or

lieutenant governor or chief

commissioner.

6. A governor is a 6. An administrator is an agent

constitutional head of the of the president.

state.

7. Parliament cannot make 7. Parliament can make laws

laws on the subjects of the on any subject of the three

state list in relation to the lists the state list in relation

states except under to the states except under in

extraordinary circumstances. relation to the union

territories.

Table 40.3 Articles Related to Union Territories at a Glance

Article No. Subject-matter

239. Administration of Union territories

239A. Creation of local Legislatures or Council of

Ministers or both for certain Union territories

239AA. Special provisions with respect to Delhi

239AB. Provision in case of failure of constitutional

machinery

239B. Power of administrator to promulgate

Ordinances during recess of Legislature

240. Power of President to make regulations for

certain Union territories

241. High Courts for Union territories

242. Coorg (Repealed)

NOTES AND REFERENCES

1. S.R. Maheshwari, State Governments in India,

Macmillan, 2000 Edition, p. 131.

2. In 1950, the constitution contained a four-fold

classification of the states and territories of the Indian

Union - Part A, Part B and Part C states and Part D

territories.

3. J.C. Johari : Indian Government and Politics, Vishal,

volume II, 13th Edition, 2001, p. 499.

4. The Assembly of Puducherry consists of 30 members

while that of Delhi 70 members and that of Jammu and

Kashmir 83 members.

5. With effect from 1 February 1992.

6. Annual Report 2018–19, Ministry of Home Affairs,

Government of India, p. 70.

7. India 2019: A Reference Annual, Publications Division,

41 Scheduled and Tribal Areas

A

rticle 244 in Part X of the Constitution envisages a special

system of administration for certain areas designated as

‘scheduled areas’ and ‘tribal areas’. The Fifth Schedule of

the Constitution deals with the administration and control of

scheduled areas and scheduled tribes in any state except the four

states of Assam, Meghalaya, Tripura and Mizoram1. The Sixth

Schedule of the Constitution, on the other hand, deals with the

ADMINISTRATION OF SCHEDULED AREAS

‘The scheduled areas are treated differently from the other areas

in the country because they are inhabited by ‘aboriginals’ who are

socially and economically rather backward, and special efforts

need to be made to improve their condition. Therefore, the whole

of the normal administrative machinery operating in a state is not

extended to the scheduled areas and the Central government has

somewhat greater responsibility for these areas’2 .

The various features of administration contained in the Fifth

Schedule are as follows:

1. Declaration of Scheduled Areas: The president is

empowered to declare an area to be a scheduled area. He

can also increase or decrease its area, alter its boundary

lines, rescind such designation or make fresh orders for

such redesignation on an area in consultation with the

governor of the state concerned.

2. Executive Power of State and Centre: The executive

power of a state extends to the scheduled areas therein. But

the governor has a special responsibility regarding such

areas. He has to submit a report to the president regarding

the administration of such areas, annually or whenever so

required by the president. The executive power of the Centre

extends to giving directions to the states regarding the

administration of such areas.

3. Tribes Advisory Council: Each state having scheduled

areas has to establish a tribes advisory council to advise on

welfare and advancement of the scheduled tribes. It is to

consist of 20 members, three-fourths of whom are to be the

representatives of the scheduled tribes in the state

legislative assembly. A similar council can also be

established in a state having scheduled tribes but not

scheduled areas therein, if the president so directs.

4. Law applicable to Scheduled Areas: The governor is

empowered to direct that any particular act of Parliament or

the state legislature does not apply to a scheduled area or

apply with specified modifications and exceptions. He can

also make regulations for the peace and good government

of a scheduled area after consulting the tribes advisory

council. Such regulations may prohibit or restrict the transfer

of land by or among members of the scheduled tribes,

regulate the allotment of land to members of the scheduled

tribes and regulate the business of money-lending in relation

to the scheduled tribes. Also, a regulation may repeal or

amend any act of Parliament or the state legislature, which

is applicable to a scheduled area. But, all such regulations

require the assent of the president.

The Constitution requires the president to appoint a

commission to report on the administration of the scheduled areas

and the welfare of the scheduled tribes in the states. He can

appoint such a commission at any time but compulsorily after ten

years of the commencement of the Constitution. Hence, a

commission was appointed in 1960. It was headed by U.N.

Dhebar and submitted its report in 1961. After four decades, the

second commission was appointed in 2002 under the

ADMINISTRATION OF TRIBAL AREAS

The Constitution, under Sixth Schedule, contains special

provisions for the administration of tribal areas in the four north-

eastern states of Assam, Meghalaya, Tripura and Mizoram. The

rationality behind the special arrangements in respect of only

these four states lies in the following:

“The tribes in Assam, Meghalaya, Tripura and Mizoram have

not assimilated much the life and ways of the other people in

these states. These areas have hitherto been anthropological

specimens. The tribal people in other parts of India have more

or less adopted the culture of the majority of the people in

whose midst they live. The tribes in Assam, Meghalaya, Tripura

and Mizoram, on the other hand, still have their roots in their

own culture, customs and civilization. These areas are,

therefore, treated differently by the Constitution and sizeable

amount of autonomy has been given to these people for self-

government.3 ”

The various features of administration contained in the Sixth

Schedule are as follows:

1. The tribal areas in the four states of Assam, Meghalaya,

Tripura and Mizoram have been constituted as autonomous

districts4. But, they do not fall outside the executive authority

of the state concerned.

2. The governor is empowered to organise and re-organise the

autonomous districts. Thus, he can increase or decrease

their areas or change their names or define their boundaries

and so on.

3. If there are different tribes in an autonomous district, the

governor can divide the district into several autonomous

regions.

4. Each autonomous district has a district council consisting of

30 members, of whom four are nominated by the governor

and the remaining 26 are elected on the basis of adult

franchise. The elected members hold office for a term of five

years (unless the council is dissolved earlier) and nominated

members hold office during the pleasure of the governor.

Each autonomous region also has a separate regional

council.

5. The district and regional councils administer the areas under

their jurisdiction. They can make laws on certain specified

matters like land, forests, canal water, shifting cultivation,

village administration, inheritance of property, marriage and

divorce, social customs and so on. But all such laws require

the assent of the governor.

6. The district and regional councils within their territorial

jurisdictions can constitute village councils or courts for trial

of suits and cases between the tribes. They hear appeals

from them. The jurisdiction of high court over these suits and

cases is specified by the governor.

7. The district council can establish, construct or manage

primary schools, dispensaries, markets, ferries, fisheries,

roads and so on in the district. It can also make regulations

for the control of money lending and trading by nontribals.

But, such regulations require the assent of the governor.

8. The district and regional councils are empowered to assess

and collect land revenue and to impose certain specified

taxes.

9. The acts of Parliament or the state legislature do not apply

to autonomous districts and autonomous regions or apply

with specified modifications and exceptions5 .