GS 2 Mains Practice Questions: Union Territories and Special Areas | Indian Polity for UPSC CSE PDF Download

Q1: How do the constitutional provisions under Article 239 ensure effective governance of Union Territories in India? Discuss their implications for democratic representation. (150 words)

Answer: 

Introduction

Article 239 of the Indian Constitution provides for the administration of Union Territories (UTs), ensuring effective governance through central oversight. It balances administrative efficiency with democratic representation challenges.

Body

Provisions of Article 239

• Central Administration: Article 239 empowers the President to administer UTs through an administrator (e.g., Lieutenant Governor), ensuring direct control for strategic or small regions.

• Legislative Flexibility: Article 239AA (for Delhi) and 239AB provide limited legislative assemblies, enabling tailored governance.

Effective Governance

• Streamlined Control: Direct central supervision ensures uniform policy implementation, as seen in Andaman & Nicobar’s disaster management.

• Security Focus: UTs like Jammu and Kashmir benefit from centralized security measures.

Implications for Democratic Representation

• Limited Autonomy: Administrators’ overriding powers, as in Delhi’s conflicts with elected governments, restrict democratic representation.

• Public Accountability: Limited legislative powers hinder local voice, sparking demands for statehood.

Conclusion

Article 239 ensures effective governance of UTs through centralized administration but limits democratic representation due to restricted autonomy. Balancing central control with local participation is key to enhancing democratic governance.

Q2: Critically examine the impact of the 2019 reorganization of Jammu and Kashmir into Union Territories on India’s federal structure and regional autonomy. (250 words)

Answer: 

Introduction

The 2019 reorganization of Jammu and Kashmir (J&K) into two Union Territories (UTs) under the J&K Reorganisation Act, following the abrogation of Article 370, marked a significant shift in India’s federal structure. This move reshaped regional autonomy and Centre-State dynamics.

Body

Impact on Federal Structure

• Centralized Control: Converting J&K into UTs strengthened the Centre’s authority, as the President, through Lieutenant Governors, gained direct administrative powers, reducing state-level sovereignty.

• Article 3 Application: The reorganization, enabled by Article 3, reinforced Parliament’s unilateral power to alter state boundaries, highlighting centralized federalism.

• Judicial Validation: In Shah Faesal v. Union of India (2020), the Supreme Court upheld the abrogation, affirming the Centre’s dominance in federal adjustments.

Impact on Regional Autonomy

• Reduced Legislative Powers: J&K’s transition to a UT curtailed its legislative autonomy, with the elected assembly’s powers limited compared to a full state.

• Local Discontent: The move, aimed at improving security, alienated sections of the population, raising concerns about democratic representation.

• Ladakh’s Status: Ladakh’s separation as a UT without a legislature further diminished local governance, impacting regional aspirations.

Critical Analysis

• Security vs. Autonomy: While intended to curb militancy, the reorganization strained federal cooperation by sidelining local leadership.

• Federal Tensions: The lack of state consent sparked debates on cooperative federalism, challenging India’s federal ethos.

Conclusion

The 2019 J&K reorganization centralized governance, prioritizing national security over regional autonomy. While constitutionally valid, it strained India’s federal structure, underscoring the need for inclusive dialogue to balance unity and regional aspirations.

Q3: What are the key features of the Sixth Schedule of the Indian Constitution? Evaluate its role in promoting tribal autonomy and the challenges in its implementation. (250 words)

Answer: 

Introduction

The 2019 reorganization of Jammu and Kashmir (J&K) into two Union Territories (UTs) under the J&K Reorganisation Act, following the abrogation of Article 370, marked a significant shift in India’s federal structure. This move reshaped regional autonomy and Centre-State dynamics.

Body

Impact on Federal Structure

• Centralized Control: Converting J&K into UTs strengthened the Centre’s authority, as the President, through Lieutenant Governors, gained direct administrative powers, reducing state-level sovereignty.

• Article 3 Application: The reorganization, enabled by Article 3, reinforced Parliament’s unilateral power to alter state boundaries, highlighting centralized federalism.

• Judicial Validation: In Shah Faesal v. Union of India (2020), the Supreme Court upheld the abrogation, affirming the Centre’s dominance in federal adjustments.

Impact on Regional Autonomy

• Reduced Legislative Powers: J&K’s transition to a UT curtailed its legislative autonomy, with the elected assembly’s powers limited compared to a full state.

• Local Discontent: The move, aimed at improving security, alienated sections of the population, raising concerns about democratic representation.

• Ladakh’s Status: Ladakh’s separation as a UT without a legislature further diminished local governance, impacting regional aspirations.

Critical Analysis

• Security vs. Autonomy: While intended to curb militancy, the reorganization strained federal cooperation by sidelining local leadership.

• Federal Tensions: The lack of state consent sparked debates on cooperative federalism, challenging India’s federal ethos.

Conclusion

The 2019 J&K reorganization centralized governance, prioritizing national security over regional autonomy. While constitutionally valid, it strained India’s federal structure, underscoring the need for inclusive dialogue to balance unity and regional aspirations.

Q4: To what extent do Union Territories serve as effective administrative units in India’s federal framework? Suggest measures to enhance their democratic accountability. (150 words)

Answer: 

Introduction

Union Territories (UTs) in India are managed directly by the Centre for efficient governance. They work well as administrative units but face issues with democratic accountability. Reforms can improve their role in India’s federal system.

Body

Effectiveness as Administrative Units

• Centralized Management: UTs like Chandigarh are run smoothly by the Centre, ideal for small or strategic areas.

• Fast Policy Implementation: Direct control ensures quick execution of national plans, like Delhi’s urban development projects.

Democratic Accountability Challenges

• Limited Local Power: Lieutenant Governors often overrule elected leaders, as seen in Delhi’s government disputes.

• No Assemblies in Some UTs: Places like Lakshadweep lack legislatures, reducing public participation.

Measures to Enhance Accountability

• Empower Assemblies: Give more authority to UT assemblies, like Puducherry, for stronger local governance.

• Create Advisory Councils: Set up councils in UTs without assemblies to include public views.

• Strengthen Court Oversight: Use courts to fairly resolve Centre-UT disputes.

Conclusion

UTs are effective administrative units but lack democratic accountability due to central control. Empowering assemblies and adding local councils can make them fairer within India’s federal framework.

Q5: Discuss the objectives of the Fifth Schedule in protecting tribal areas. How far have these provisions succeeded in addressing tribal welfare and governance challenges? (250 words)

Answer: 

Introduction

The Fifth Schedule of the Indian Constitution protects tribal areas in ten states, focusing on their welfare and governance. It aims to safeguard tribal rights and culture. While it has some successes, implementation challenges limit its impact.

Body

Objectives of the Fifth Schedule

• Protect Tribal Land: Stops non-tribals from taking tribal land to preserve identity and resources.

• Promote Self-Rule: Creates Tribes Advisory Councils (TACs) to guide governors on tribal issues.

• Support Welfare: Encourages programs for tribal education, health, and economic growth.

Successes

• Land Protection: In Jharkhand, laws prevent non-tribal land grabs, helping tribes keep their heritage.

• Welfare Programs: Eklavya Schools in tribal areas improve education, aligning with Fifth Schedule goals.

• Tribal Voice: TACs in Odisha let tribes share their needs, promoting inclusive governance.

Challenges

• Weak Enforcement: Illegal land transfers, like in Chhattisgarh, harm tribal communities due to poor monitoring.

• Limited Funds: Low budgets slow down health and education projects for tribes.

• Inactive Governors: Governors rarely use their powers, making TACs less effective.

Suggested Measures

• Stricter Laws: Monitor land transfers closely to protect tribal rights.

• More Funding: Increase money for tribal schools, hospitals, and jobs.

• Empower TACs: Give TACs more power to influence policies directly.

Conclusion

The Fifth Schedule protects tribal areas by ensuring welfare and self-rule, with successes in land protection and education. However, weak enforcement and funding issues reduce its impact. Stronger laws and resources can improve tribal welfare and governance.

Q6: Analyze the constitutional framework governing Union Territories and special areas in India. How do these provisions balance national unity with regional diversity? (150 words)

Answer: 

Introduction

The Indian Constitution governs Union Territories (UTs) and special areas under Articles 239–244. These rules balance national unity with regional diversity. They ensure effective administration while respecting local needs.

Body

Constitutional Framework

• Union Territories (Articles 239–241): The Centre runs UTs through Lieutenant Governors, with partial assemblies in Delhi (Article 239AA).

• Fifth and Sixth Schedules: The Fifth Schedule protects tribal areas in ten states, and the Sixth Schedule gives autonomy to tribal regions in four states via councils.

Balancing Unity and Diversity

• National Unity: Central control over UTs like Lakshadweep ensures consistent policies and security across India.

• Regional Diversity: Schedules allow tribal areas, like Meghalaya, to protect their culture through self-rule.

• Court Oversight: S.R. Bommai v. Union of India (1994) ensures fair use of central powers, respecting regional needs.

Conclusion

The constitutional framework for UTs and special areas balances national unity with regional diversity through central control and local autonomy. This strengthens India’s federal system, addressing diverse regional aspirations.