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
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
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.
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
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
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.
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
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
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
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
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
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.
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.
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.