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 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.