Union Territories, Scheduled & Tribal Areas - Questions and Answers

ANSWER: 2, 3, 5

Explanation:

• The 69^th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi, and re-designated 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 are 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.


• 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.


• 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.


• But, he cannot promulgate an ordinance when the assembly is dissolved or suspended.


• He can also withdraw an ordinance at any time.


• No such ordinance can be promulgated or withdrawn without the prior permission of the President.

ANSWER: 1, 2

Explanation:

• Articles 239 to 241 in Part 8 of the Constitution deal with the union territories.


• Even though all the Union Territories belong to one category, there is no uniformity in their administrative system.


• Every Union Territory is administered by the President acting through an administrator appointed by him.


• An administrator of a Union Territory is an agent of the President and not head of state like a Governor.


• The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator.


• The President can also appoint th Governor of a state as the administrator of an adjoining Union Territory.


• In that capacity, the Governor is to act independently of his Council of Ministers.


• 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.


• But, the establishment of such institutions in the Union Territories does not diminish the supreme control of the President and Parliament over them.


• The Parliament can make laws on any subject of the three lists (including the State List) for the Union Territories.


• This power of Parliament also extends to Puducherry and Delhi.


• The Legislative Assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List.


• Similarly, the Legislative Assembly of Delhi can make laws on any subject of the State List (except public order, police and land) 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, and Daman and Diu.


• 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.


• The regulation 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 (since1966).


• The Bombay High Court has got jurisdiction over two Union Territories - Dadra and Nagar Haveli, and Daman and Diu.


• Andaman and Nicobar Islands, Chandigarh, Lakshadweep and Puducherry are placed under the Calcutta, Punjab and Haryana, Kerala, and Madras High Courts, respectively.


• 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 the acquired territories.

ANSWER: Chandigarh

Explanation:

• At present, there are twenty-nine states, 7 Union Territories (UTs) and no acquired territories.


• The union territories are those areas which are under the direct control and administration of the Central Government.


• Hence, they are also known as ‘Centrally Administered Territories’.


• In this way, existence of these territories constitutes a conspicuous departure from federalism in India; the Government of India is plainly unitary in so far as the relationship between New Delhi and these Central enclaves is concerned.

Creation of UTs -


• During the British Rule, certain areas were constituted as ‘scheduled districts’ in 1874.


• Later, they came to be known as ‘chief commissioner’s provinces’.


• After independence, they were placed in the category of Part ‘C’ and Part ‘D’ states.


• In 1956, they were constituted as the ‘Union Territories’ by the 7^th Constitutional Amendment Act (1956) and the States Re-organisation Act (1956).


• Gradually, some of these Union Territories have been made states.


• Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa, which are states today were once Union Territories.


• The territories that were acquired from the Portuguese (Goa, Daman and Diu, and Dadra and Nagar Haveli) and the French (Puducherry) were constituted as the Union Territories.

7 UTs are (year of creation) -

1. Andaman and Nicobar Islands - 1956.

2. Delhi - 1956.

3. Lakshadweep - 1956.

4. Dadraand Nagar Haveli - 1961.

5. Daman and Diu - 1962.

6. Puducherry - 1962.

7. Chandigarh - 1966.


• Till 1973, Lakshadweep was known by the name of Laccadive, Minicoy and Amindivi Islands.


• In 1992, Delhi was re-designated as the National Capital Territory of Delhi.


• Till 2006, Puducherry was known as Pondicherry.

The Union Territories have been created for various reasons like -

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 (These later became states).

ANSWER: Neither 1 nor 2

Explanation:

• 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 five UTs without a legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, and Lakshadweep) have the forum of Home Minister’s Advisory Committee (HMAC).


• On the forum, besides the Administrator and Member of Parliament from the respective Union Territory, members from the local elected bodies, e.g., District Panchayats and Municipal Council / Committees are nominated as members.


• Meetings of the HMAC are chaired by the Union Home Minister, or, in his absence, by the Minister of State in the Ministry of Home Affairs.


• The Committee discusses the general issues relating to social and economic development of the Union Territories.


• Administrator’s Advisory Councils are set up in the UTs without Legislatures to advice the Administrators on matters concerning the UT.


• For the island UTs of Andaman and Nicobar Islands and Lakshadweep, there is Island Development Authority (IDA) under the Prime Minister. There is a Standing Committee for the IDA under Dy. Chairman, Planning Commission.

ANSWER: 1, 4

Explanation:

• Andaman and Nicobar Islands has Lt. Governor as executive.


• They come under Calcutta High Court.


• Chandigarh has an administrator.


• The Governor of Punjab is concurrently the Administrator of Chandigarh.


• It comes under Punjab and Haryana High Court.


• Daman and Diu; and Dadra and Nagar Haveli have administrators.


• The Administrator of Dadra and Nagar Haveli is concurrently the Administrator of Daman and Diu.


• Daman and Diu; and Dadra and Nagar Haveli come under jurisdiction of Bombay High Court.


• Lakshadweep has a separate Administrator.


• It comes under Kerala High Court.


• Delhi and Puducherry have Legislative Assemblies.


• Hence, they have Lt. Governor, Chief Minister and Council of Ministers as executives.


• Delhi has its own High Court.


• Puducherry comes under Madras High Court.

ANSWER: 2, 3

Explanation:

Comparison between States and Union territories -

Sr. No.	States	Union Territories
1.	Has federal relation with Centre.	Has unitary relationship with Centre.
2.	There is distribution of power with the Centre.	They are directly controlled and administrated by the Centre.
3.	They are provided autonomy.	They are not provided any autonomy.
4.	Uniformity is seen in their administrative set-up.	No uniformity is seen in their administrative set-up.
5.	Executive head for a state is the Governor.	Executive head may have various designations - Administrator or Lieutenant Governor or Chief Commissioner.
6.	Governor is the constitutional head of the state.	An administrator is an agent of the President and is not head of the UT.
7.	Parliament cannot make laws on the subjects of the state list in relation to the states except under extraordinary circumstances.	Parliament can make laws on any subject in the 3 lists in relation to the Union Territories.

ANSWER: All of the above

Explanation:

• Sixth Schedule in Constitution of India contains special provisions to help administration of tribal areas of the four north-eastern states - Assam, Tripura, Meghalaya and Mizoram.

As per M. P. Jain -

1. The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated much the life and ways of the other people in these states.

2. These areas have hitherto been anthropological specimens.

3. 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.

4. The tribes in Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and civilization.

5. These areas are, therefore, treated differently by the Constitution and sizeable amount of autonomy has been given to these people for self-government.

Tribal areas in these 4 states are as follows -

Assam -

1. The North Cachar Hills District.

2. The Karbi Anglong District.

3. The Bodoland Territorial Areas District.

Tripura -

1. Tripura Tribal Areas District.

Mizoram -

1. The Chakma District.

2. The Mara District.

3. The Lai District.

Meghalaya -

1. Khasi Hills District.

2. Jaintia Hills District.

3. The Garo Hills District.

ANSWER: 1, 2, and 4

Explanation:

Features of Sixth Schedule -


• As per provision 1, the tribal areas in Assam, Meghalaya, Tripura and Mizoram will be constituted as autonomous districts.


• However, they lie within the executive authority of the concerned state.


• The Governor can include or exclude any area from the list of tribal areas or can increase or diminish the size, change the names, re-draw boundaries, etc of tribal areas.


• If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.


• There shall be a District Council for each autonomous district having maximum 30 members, out of which maximum 4 members would be nominated by the Governor.


• The rest shall be elected on the basis of adult suffrage for a term of five years (unless the council is dissolved earlier).


• The nominated members hold the office during the pleasure of the Governor.


• There shall be a separate Regional Council for each area constituted as an autonomous region.


• Areas under respective jurisdiction of the district and regional councils are administered by them.


• They can make laws on certain specified matters like land, forests, shifting cultivation, village administration, canal water, etc. However these laws still require the assent of the Governor.


• The district councils and regional councils can constitute village councils.


• They can even establish courts for trial of suits and cases between people of Scheduled Tribes.


• The extent of jurisdiction of high court over these suits and cases is decided by the Governor.
• The district council can establish, construct or manage primary schools, dispensaries, markets, etc., in the district.


• With the governor assent they can even make regulations for the control of money lending and trading by non-tribals.


• The district councils and regional councils shall have power to assess and collect land revenue and to impose certain mentioned taxes.


• No Acts of Parliament or the concerned state legislature would apply to autonomous districts and autonomous regions of the concerned state.


• They may apply with specified modifications and exceptions.


• This application is decided by the President or the Governor.


• For Assam the Governor decides in respect of acts of both Parliament and State Legislature.


• For Meghalaya, Tripura and Mizoram, President decides for acts of Parliament and governor decides for acts of State Legislature.


• The Governor may at any time appoint a commission to examine and report on any matter specified by him relating to the administration of the autonomous districts or autonomous regions.


• This also includes dissolution of a district council or regional council on the recommendation of such a commission.

ANSWER: All of the above

Explanation:

• Article 244 in Part 10 of the Constitution provides special provisions for administration of certain areas designated as ‘scheduled areas’ and ‘tribal areas’.


• The Fifth Schedule deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.


• At present 9 states have scheduled areas. Andhra Pradesh includes areas of Telangana.

As per M. P. Jain -

1. ‘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.

2. 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’.

Features of 5^th Schedule -

Declaring areas as Scheduled Areas -

1. The President can declare an area to be a scheduled area.

2. President can also increase or diminish the area, re-draw its boundary lines, revoke status etc., of scheduled areas in consultation with the governor of the state concerned.

Executive Power of State and Union -

1. Scheduled areas lie within the executive power of a state, but the Governor has a special responsibility regarding such areas.

2. Governor submits a report to the President regarding the administration of these areas, annually or whenever so required by the President.

3. The executive power of the Union extends to giving directions to the states regarding the administration of such areas.

Tribes Advisory Council -

1. A Tribes Advisory Council shall be established in each State having Scheduled Areas.

2. It shall have maximum 20 members of whom 3/4^th shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.

3. It shall be the duty of the Tribes Advisory Council to advice on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

Law applicable to Scheduled Areas -

1. Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply to a Scheduled Area subject to such exceptions and modifications.

2. The Governor may make regulations for the peace and good government of any area in a State which is a Scheduled Area.

3. These regulations need assent of President of India and may -

(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

(b) regulate the allotment of land to members of the Scheduled Tribes in such area;

(c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area

(d) repeal or amend any act of Parliament or concerned State Legislature, which is applicable to the area.


• 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.


• Commission can be appointed any time but it has to be appointed mandatorily after ten years of the commencement of the Constitution.


• Commission headed by U. N. Dhebar was appointed in 1960, which submitted its report in 1961.


• Second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria.