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CONCEPT – UNION TERRITORIES (UTs) IN INDIA
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- What is a UT? A union territory (UT) in India is a type of administrative division but unlike the states with their own elected governments, UTs are ruled directly by the Union Government. There are 7 UTs viz. Chandigarh, Delhi, Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Pondicherry. These are all under Union govt. directly due to (a) strategic reasons, or (b) political and administrative considerations, or (c) cultural distinctiveness. Delhi NCT is a UT, and so is the joint capital of Punjab and Haryana – Chandigarh.
- Legislative Structure: UTs are ‘federal territories’ but do not take part in federal structure. Since the parliament can prescribe the administrative structure, hence no uniformity exists. Parliament can create a legislative assembly for a UT. It was done for both Delhi and Puducherry. Otherwise, the President of India appoints an administrator or lieutenant-governor (LG) for each UT.
- Delhi and Puducherry: Delhi and Puducherry were given partial statehood and Delhi was redefined as the National Capital Territory of Delhi (NCT). Delhi and Puducherry have their own elected legislative assemblies and the executive councils of ministers with partially state-like function. A big struggle today is to fight for full statehood for Delhi, which due to the presence of Central govt. seems very difficult to get!
- Historical accident: The existing structure of the states is partly the result of various circumstances of the growth of the British power in India and partly a by-product of the integration process of former Indian states. The British period saw India divided into British provinces and Indian states. Post 1857, surviving states escaped annexation as the British abandoned that idea altogether.
- The constitution of 1950 distinguished between three main types of states and a class of territories:
- Part A states, which were the former governors' provinces of British India, were ruled by a governor appointed by the president and an elected state legislature. The nine Part A states were Assam, Bihar, Bombay, Madhya Pradesh (formerly Central Provinces and Berar), Madras, Orissa, Punjab (formerly East Punjab), Uttar Pradesh (formerly the United Provinces), and West Bengal.
- Part B states, which were former princely states or groups of princely states, governed by a Rajpramukh, who was usually the ruler of a constituent state, and an elected legislature. The Rajpramukh was appointed by the President of India. The eight Part B states were Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU), Rajasthan, Saurashtra, and Travancore-Cochin.
- Part C states included both the former chief commissioners' provinces and some princely states, and each was governed by a chief commissioner appointed by the President of India. The ten Part C states were Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Cutch, Manipur, Tripura, and Vindhya Pradesh.
- The sole Part D territory was the Andaman and Nicobar Islands, which were administered by a lieutenant governor appointed by the central government.
- CONCEPT – UNION TERRITORIES (UTs) IN INDIA
- The States Reorganisation Act, 1956: It was a major reform of the boundaries of India's states and territories, and created linguistically structured states. The Act came into effect at the same time as the Constitution (Seventh Amendment) Act, 1956, which allowed for the requirements to pass the States Reorganisation Act, 1956 under the provisions of Part I of the Constitution of India, Articles 3 & 4.
- Benefits of merging UTs with States: There may be benefits if UTs are merged with the state they share the border with – (a) The Centre would not have to govern them any more, so more bandwidth available, (b) the UTs do not have strength being too small, & (c) To give special privileges to a small section is wrong.
- Peculiar governance of UTs: (i) The DANICS cadre of officers are for Delhi as well as Andaman Nicobar Islands. Since both these places have zero connect, it is an irrational structure that can be ended! (ii) The IAS AGMUT cadre officials are posted in Arunachal Pradesh, Goa, Mizoram and UTs. Of what use is this connect? (iii) Practical issues like cheap liquor in Puducherry draws many from Tamil Nadu! Same with Dadra and Nagar Haveli, where dry Gujarat denizens head for drinking!
- Time for change? The States Reorganisation Commission gave its report in 1955, and had said that the territories are the units or areas which have not been dealt with so far will be directly administered by the centre and will be known as territories. Delhi should be constituted into such a centrally-administered territory; Manipur should be a centrally-administered territory for the time being (became a state in 1972), and Andaman and Nicobar Islands should continue with status quo. It could be time for big change now!
- High Court for Union Territory (Art. 241):
- Parliament may by-law constitute a High Court for a Union Territory or declare the High Court of a state having jurisdiction over a Union Territory.
- The Punjab and Haryana High Court has jurisdiction over Chandigarh
- The Kerala High Court caters to Lakshadweep. The Andaman and Nicobar Islands are under the Calcutta High Court
- Puducherry falls under Madras High Court
- Delhi is the only Union Territory having its own High Court Since 1966
- The Bombay High Court is the High Court for Dadar and Nagar Haveli as also for Daman and Diu.
- 69th AMENDMENT 1991 :
- UT of Delhi shall be called National capital territory & shall have a legislative assembly with members, chosen directly by people from territorial constituencies. (Special Provisions related to the Delhi- Art. 239AA).
- The administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
- Assembly shall make laws on matter enumerated in state list (Except matters of Public order, Police & land).
- If any provision of law, made by legislative assembly with respect to any matter which is repugnant to any provision of law made by parliament related to that matter, then law made by parliament shall prevail
- If law made by LA is preserved for consideration of President & has received his assent, then such law shall prevail in NCT, however, parliament can make laws adding to, varying or repealing laws made by LA.
- There shall be a Cabinet of Ministers, not more than 1/10th of total members of Legislative Assembly, with CM at its apex to aid & advice Lt. governor in exercise of his functions.
- In case of difference between opinions of COMs & Lt. governor, Lt. governor shall refer it to the President for his decision & shall act according to directions given by President.
- Peculiar case of NCT Delhi
- The National Capital Territory of Delhi has its own Legislative Assembly, Lieutenant Governor (LG), council of ministers (COMs) and Chief Minister (CM).
- Members of the legislative assembly are directly elected from territorial constituencies in the NCT.
- The legislative assembly was abolished in 1956, after which direct federal control was implemented until it was re-established in 1993.
- The Municipal corporation handles civic administration for the city as part of the Panchayati Raj Act.
- The Government of India and the Government of National Capital Territory of Delhi jointly administer New Delhi, where both bodies are located.
- The Parliament of India, the Rashtrapati Bhavan (Presidential Palace), Cabinet Secretariat and the Supreme Court of India are located in the municipal district of New Delhi.
- There are 70 assembly constituencies and seven Lok Sabha (Indian parliament's lower house) constituencies in Delhi.
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