Union Territories & Special Areas - Polity and Constitution, UPSC, IAS. | Polity and Constitution (Prelims) by IAS Masters PDF Download

Union Territories & Special Areas

Chapter -13

                              ADMINISTRATION OF U.T.s

The number of U.Ts are 7 at present which are Delhi, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Pondicherry , Lakshadweep, Andaman and Nicobar Island.

ADMINISTRATOR

Article 239(1) provides that U.Ts shall be administered by the President acting through an administrator to be appointed by him with such designation as he may specify.

Administrator- Chandigarh, Dadra and Nagar Haveli, Daman Diu, Lakshadweep.

 Lt. Governor- Delhi, Puducherry, Andaman and Nicobar Island

Article 239(2) says that instead of appointing an administrator from outside, the President may appoint the Governor of a state as the administrator of an adjoining U.T and where a Governor is so appointed, he shall exercise his functions as such Administrator independently of his Council of Ministers.

Thus, all the UTs are administered by an Administrator as the agent of the President and not by a Governor acting as the head of a state.

PROVISION FOR THE LEGISLATIVE ASSEMBLY AND COUNCIL OF MINISTERS

In 1962, Article 239 A (37^th Amendment 1974) was introduced by virtue of which Pondicherry has Legislative Assembly.

In 1992, Article 239 AA and 239 AB (inserted by 69^th Amendment) came in to force and from 1993 Delhi also has Legislative Assembly and Council of Ministers. The government of Delhi has all legislative powers in the list except Public Order, Police and Land.

LEGISLATIVE POWER

Parliament has exclusive legislative powers over a Union Territory (UT) including matters that are enumerated in the State List [Article 246 (4)].But for Andaman and Nicobar Island, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, Pondicherry, President has got a legislature power to  make regulation for peace, progress and good government of these territories. This power of President overrides the legislative power of Parliament in as much as a regulation made by the President as regards these Territories may repeat pr amend any Act of Parliament which is for the time being applicable to the U.T [ Article 240(2)]. But the President’s power to make regulation shall remain suspended while the legislature is functioning in any of these states , to be revived as soon as such legislative is dissolved or suspended.

HIGH COURT FOR THE UTs

Parliament may by law can make a High court for U.Ts or declare any court in any such territory to be High Court for all or any of the purpose if this constitution. [Article 241]

                    Until such legislation is made the existing High court relating to such territories will continue to exercise their jurisdiction.

• Chandigarh comes under                            Punjab and Haryana High court.
• Lakshadweep                                              Kerala
• Andaman and Nicobar Island                      Kolkata
• Pondicherry                                                 Madras
• Dadra and Nagar Haveli, Daman and Diu   Mumbai.
• Delhi has a separate High Court of Its own since 1966.

Article 244(1) make special provision for the administration of certain areas called Scheduled Areas in state other than Assam, Meghalaya, Tripura and Mizoram because of their backwardness.

The power to declare any area as Scheduled Area is given to the President [schedule V ]

Article 244(2) says that Tribal Areas in the state of Assam, Meghalaya and Tripura, Mizoram are separately dealt and provision for their administration is found in Schedule.

ADMINISTRATION OF SCHEDULE AREAS - MAIN FEATURES

The executive power of Union shall extend to giving direction to respective state regarding the administration of Scheduled Areas. The Governor of those states has to submit report regarding the administration of those areas annually or when required by the President.

Tribes Advisory Council is to be constituted to give advice on welfare and advancement matters of such tribes.

The Governor is authorized to direct to apply or not any Act of Parliament to a Schedule area. He is also authorized to prohibit or transfer of land by or among STs, regulate the allotment of land and business of money – landing etc.

All such regulation must have the assent of the President.

The foregoing provision may be altered by parliament by ordinary legislation, without being amending the constitution.

The Constitution provides for the appointment of commission to report ton the administration of schedule areas and welfare of the STs in the state. The President can appoint such commission any time.

ADMINISTRATION OF TRIBAL AREAS

VI^th schedule deals with the administration of tribal areas in Assam,

Meghalaya,Tripura and Mizoram.

These tribal areas are to be administered as autonomous districts, not outside the executive authority of the state concerned but for the exercise of certain legislative and judicial functions these is a provision for the creation of district councils and regional council. These councils are primarily representative bodies and they have law making power in certain fields such as management of a forest other than reserved inheritance of property and marriage and social custom also to collect land revenue, impose certain specified taxes. But the law made shall have no effect unless assented by the Governor.

These councils shall also possess judicial power, civil and criminal, subject to the

jurisdiction of the high Court as the Governor may specify.