DAY 11 : CHAPTER 36-37 : LAXMIKANTH : INDIAN POLITY
UNION TERRITORIES AND SPECIAL AREAS
Chapter 36 : Union Territories
States – units of federal system of India and enjoys powers with centre ; whereas UT are under direct control of Centre.
CREATION OF UNION TERRITORIES :
Scheduled districts in 1874 à “chief commissioners provinces” -- > Part C and Part D states (after independence) --- > “UTs under 7th constitutional Amendment + States reorganisation act (1956).
Gradually these UTs have been elevated to statehood Example : Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa.
1. Political and administrative consideration—Delhi and Chandigarh.
2. Cultural distinctiveness—Puducherry, Dadra and Nagar Haveli, and Daman and Diu.
3. Strategic importance—Andaman and Nicobar Islands and Lakshadweep.
4. Special treatment and care of the backward and tribal people—Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.
ADMINISTRATION OF UNION TERRITORIES : Articles 239 to 241 in Part VIII of the Constitution deal with the union territories
Every UTs has its administrator, who is not an head of the state, rather an agent appointed by President. (Designations : Lieutenant Governor or Chief Commissioner or Administrator )
Even Governor, of adjacent states, can be appointed this post.
The Union Territories of Puducherry (in 1963) and Delhi (in 1992) are provided with a legislative assembly and a council of ministers headed by a chief minister. However Parliament is still supreme, since it can laws for these UTs in any 3 lists + can establish HC.
SPECIAL PROVISIONS FOR DELHI :
69TH constitutional Amendment : special status to UT of Delhi as NCT with Lieutenant Governor. It created a legislative assembly and a council of ministers replacing metropolitan council and an executive council.
Members to assembly can be directly elected .
Except for public order, police and land of state list , it can make laws under state and concurrent list.
Strength of Council of Ministers should not exceed 10% of total strength of the assembly.
President rule can be …………….
Chapter 37 : Scheduled and Tribal Areas
Art.244 of Part X - Special system of Administration – designated as “scheduled areas” and “ tribal areas”
5TH Schedule : SA (scheduled areas) + ST (scheduled tribes) of any states except TAM2 (Tripura, Assam, Meghalaya and Mizoram)
6TH Schedyle : deals with TAM2
ADMINISTRATION OF SCHEDULED AREAS :
WHY SA> Because these people are aboriginals (socially and economically backward) therefore special provisions needs to be put in place to improve their condition with greater responsibility for centre.
FEATURES OF 5TH SCHEDULE :
Declaration of Scheduled Areas BY president with power to alter it.
Executive power of centre – it can giving directions to states for administration of these areas ; Executive power of states - governor has responsibility to report to president – annually or whenever required by president.
Tribes advisory council - to advise on welfare and advancement of ST. Consist of 20 members, ¾ members of State legislative assembly.
Law applicable to SA : Governor can say which law applicable or which is not . He can regulate transfer of Land /money-lending.
Commission appointed so far :
U N Dhebar – 1960
Dilip Singh Bhuria – 2002
ADMINISTRATION OF TRIBAL AREAS :
WHY 6TH SCHEDULE FOR TAM2 > TAM2 still have their roots in their own culture, customs and civil…………….