AS stated earlier, in the original Constitution of 1949, States were divided into three categories and Included in Parts A, B and C of the First Schedule of the Constitution.
Part C States were 10 in number, namely,-Ajmer, Bhopal, Bllaspur, Coorg, Delhi, Himachal Pradesh, Kutch, Manlpur, Tripura and Vlndhya Pradesh.
Of these. Himachal Pradesh, Bhopal, Bllaspur, Kutch, Manipur, Tdpura and Vindhya Pradesh had been formed by the integration of some of the smaller Indian States.
The remaining States of Ajmer, Coerg and Delhi were Chief Commissioner's Provinces under the Government of Indla Acts, 1919 and 1935.
And were thus administered by the Centre even before the Constitution. The special feature of these Part C States was that they were administered by the President through a Chief Commissioner or a Lieutenant-Governor, acting as his agent.
Parliament had legislative power relating to any subject as regards the Part C States, but the Constitution empowered Parliament to create a Legislature as well as a Council of Advisers or Ministers for a Part C State.
In exercise of this power, Parliament enacted the Government of Part C States Act, 1951, by which a Council of Advisers or Ministers was set up in each Part C State, to advise the Chief Commissioner, under the overall control of the President, and also a Legislative Assembly to function as the Legislature of the State, without derogation to the plenary powers of Parliament.
In place of these Part C States, the Constitution (7th Amendment) Act, 1956 substituted the category of 'Union Territories' which are also Similarly administered by the union.
As a result of the reorganisation af the States by the States Reorganisation Act, 1956, the Part C States of Ajmer, Bhopal, Coorg, Kutch, and Vindhya Pradesh were merged into other adjoining States.
The list of Union Territories, accordingly, included the remaining Part C States of Delhi; Himachal Pradesh (which included Bilaspur); Manipur; Union Territories. and Tripura.
To these were added the Andaman and Nicobar Islands; and the Laccadive and Amindivi. Islands.
Under the original Constitution, the Andaman and Nicobar Islands were included in Part D of the First Schedule.
The Laccadive, Minicoy and Amindivi Islands (renamed 'Lakshadweep' In 1973), on the other hand, were included In the territory of the State of Madras.
The States Reorganisation Act and the Constitution (7th Amendment) Act. 1956 abolished Part D of Schedule and constituted it a separate Union Territory.
By the Constitution (Tenth, Twelfth, Fourteenth and Twenty-seventh) Amendment Acts, some others were added to the list of Union Territories. Since some of the erstwhile Union Territories (Himachal Pradesh, Manlpur, Tripura, Mizoram, Arunachal Pradesh and Goa) have been lifted up into the category of 'States', the number of Union Territories is, at the end of 2000, seven
Though all these Union Territories belong to one category. there are some differences in the actual system of administration as between the several Union Territories owing to the provisions of the Constitution as well as of Acts of Parliament which have been made in pursuance of the Constitutional provisions.
Article 239(J) provides that save as otherwise provided by Parliament by law, every Union Territory shall be administered by the President acting, to such extent as he thinks fit, through an Administrator to be appointed by him with such designation as be may specify.
Instead of appointing an Administrator from outside, the President may appoint the Governor of a State as the Administrator of an adjoining Union Terntory;
and where a Governor is so appointed, he shall exercise his functions as such Administrator Independently of his Council of Ministers [Art. 239(2)].
All the Union Territories are thus administered by an Administrator as the agent of the President and not by a Governor acting as the head of a State.
In 1962, however, Art. 239A (amended by the 37th Amendment, 1974) was introduced In the Constitution, to empower Parliament to create a Legislature or Council of Ministers or both for some of the Union Territories.
By virtue of this power, Parliament enacted the Govern- ment of Union Territories Act, 1963, providing for a Legislative Assembly as well as a Council of Ministers to advise the Administrator, in these Union Territories.
Pondicherry alone is now left in this category, all other Union Territories have become States.
On 1-2-1992, Arts. 239AA and 239AB (inserted by Constitution 69th Amendment) came into force.
To supplement these provisions the Government of National Capital Territory of Delhi Act, 1991 was enacted.
Delhi has from 1993 a Legislative Assembly and a Council of Ministers. The Government of Delhi has all the legislative powers in the State List excepting entries 1 (Public Order), 2 (police) and 18 (Land).
Parliament has exclusive legislative power over a Union Territory including matters which are enumerated In the State List [Art. 246(4)).
But so far as the two groups of Island Territories; Dadra and Nagar Havell; Daman and Diu; Pondicherry; are concerned, the President has got a legislative power, namely, to make regulations for the peace, progress and good government of these Territories.
This power of the President overrides the legislative power of Parliament inasmuch as a regulation made by the President as regards these Territories may repeal or amend any Act of Parliament which is for the time being applicable to the Union Territory [Art: 240(2)1.
But the President's power to make regulations shall remain suspended while the Legislature is functioning in any of these States,-to be revived as soon as such Legislature is dissolved or suspended.
Parliament may by law constitute a High Court for a Union Territory or declare any court in any such Territory to be a High Court for all or any of the purposes of this Constitution [Art. 241].
Until such legislation is made High Courts for the existing union Territories shall continue to execise their jurisdiction.
In the result, the Punjab and Haryana High Court acts as the High Court of Chandigarh: the Lakshadweep is under the Jurisdiction of the Kerala High Court;
The Calcutta High Court has got jurisdiction over the Andaman and Nicobar Islands, the Madras High Court has Jurisdiction over Pondicherry; the Bombay high court over Dadra and Nagar Haveli; and the Gauhati High Court (Assam) over Mizoram and Arunachal Pradesh.
The Territory of Goa, Daman and Diu had a Judicial Commissioner but recently the jurisdiction of the Bombay High Court has been extended to this Territory. Delhi has a separate High Court of its own since 1966.
There are no separate provisions in the Constitution relating to the administration of Acquired Territories but the provisions relating to Union Territories will extend by virtue of ther definition of 'Union Territory' [Art. 366(30)], as including "any other territory comprised within the territory of India but not specified in that Schedule".
Thus, the Territory of Pondicherry, Karaikal, Yanam and Mahe, was being administered by the President of India through a Chief Commissioner until It was made a Union Territory, in 1962.
Parliament has plenary power of legislation regarding such territory as in the case of the Union Territories [Art. 246(4)].
THE Constitution makes special provisions for the Administration of certain areas called 'Scheduled Areas' in States other than Assam, Meghalaya, Tripura and Mizoram even though such areas are situated within a State or Union Territory [Art. 244(1)]
Presumably because of the backwardness of the people of these Areas.
Subject to legislation by Parliament, the power to declare any area as a 'Scheduled Area is given to the President [5th Schedule, paras 6-7] and the President has made the Scheduled Areas Order, 1950
In pursuance of this pawer, These are Areas inhabited by Tribes specified as 'Scheduled Tribes" in States other than Assam, Meghalaya Tripura and Mizoram.
Special provisions for the administration of such Areas are given in the 5th Schedule.
The Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are separately dealt with and provisions for their administration are to be found in the Sixth Schedule to the Constitution.
The 5th Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes in States other than Assam
States other than Meghalaya, Tripura and Mizoram. The main features of Assam, Meghalaya, Tripura and Miroram. follows:
The executive power of the Union shall extend to giving directions to the respective States regarding the administration of the Scheduled Areas [Sch. V, para 3].
The Governors of the States in which there are 'Scheduled Areas" have to submit reports to the President regarding the administration of such Areas, annually or whenever so required by the President
Tribes Advisory Councils are to be constituted to give advice on such matters as welfare and advancement of the Scheduled Tribes in the States as may be referred to them by the Governor
The Governor is authorised to direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply, only subject to exceptions or modifications.
The Governor is also authorised to make regulations or restrict the transfer of land by, or among members of, the Scheduled Tribes, regulate the allotment of land, and regulate the business of money-lending.
All such regulations made by the Governor must have the assent of the President
The foregoing provisions of the Constitution relating to the administration of the Scheduled Areas and Tribes may be altered by Parliament by ordinary legislation, without being required to go through the formalities relating to the amendment of the Constitution
The Constitution provides for the appointment of a Commission to report on the admlnistration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States. The President may appoint such Commission at any time, but the appointment of such Commission at the end of ten years from the commencement of the Constitution is obligatory
A Commission was accordingly appointed (with Sri U.N. Dhebar as Chairman) in 1960 and it submitted its report to the President towards the end of 1961.
While the administration of Scheduled Areas in States other than Assam, Meghalaya, Tripura and Mizoram is dealt with in Sch. V, the 6th Schedule deals with the tribal areas in Assam, Meghalaya, Tnpura and Mizoram
These Trlbal Areas are to be administered as autonomous districts. These autonomous districts are not outside the executive authority of the State concerned but provision is made for the creation of District Councils and Regional Councils for the exercise of certain legislative and judicial functions.
These Councils are primarily representative bodies and they have got the power of law-making' in certain specified fields such as management of a forest other than a reserved forest, inheritance of property, marriage and social customs, and the Governor mar also confer upon these Councils the power to try certain suits or offences.
These Councils have also the power to assess and collect land revenue and to impose certain specified taxes.
The laws made by the Councils shall have, however, no effect unless assented to by the Governor.
With respect to the matters over which the District and Regional Councils are thus empowered to make laws, Acts of the State Legislature shall not extend to such Areas unless the relevant District Council so directs by public noti£cation regards other matters, the President with respect to a Central Act and the Governor with respect to a State Act, may direct that an Act of Parliament or of the State Legislature shall not apply to an autonomous district or shall apply only subject to exceptions or modifications as he may specify in his notification.
These Councils shall also possess judicial power, civil and criminal, subject to the jurisdiction of the High Court as the Governor may from time to time specify.
Fifth schedule:
Administration of scheduled areas and tribal areas in
India except states of Assam,
Meghalaya, Tripura and Mizoram.
Sixth schedule:
Administration of scheduled areas and tribal areas in
states of Assam, Meghalaya,
Tripura and Manipur.
To
promote self government for tribal areas of Assam,
Meghalaya, Tripura and Mizoram.
Manipur Unrest
The State assembly decided to form 7 new districts in the state by bifurcating the existing 9 and now leading to a total count of 16 districts. The Chief Minister claims that the reasons for this were to fulfill long standing demands of people and also for administrative efficiency. However there have been violent protests and blockades against the decision. The Naga leaders complain that the Non Naga areas have been merged with Naga areas in order to bifurcate the Nagas. The Hill Area Committees which were constituted under Article 371 of the constitution also weren’t consulted before such a decision was taken.The Naga tribal population in the hilly areas has long believed that the State leadership is communal and anti tribal. So when unpopular bills like Protection of Manipuri people’s bills, Manipur Shop and establishment Act and Manipur Land revenue and land records bills were introduced the tribes began protesting. There was already tension in tribal areas due to demand for introduction of Inner line permit in Manipur. The bifurcation of districts in such a tense situation was seen as a Insider vs Outsider issue.
In the police firing many deaths occurred but the bodies weren’t allowed to be buried till the demand for the withdrawal of bills is withdrawn. The association of Naga militants with political parties has also led to tensions.
The government should have consulted other parties and tribal communities before such a decision was taken.
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