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 .
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.