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Union Territories 20210331070521
Union Territories 20210331070521
Union Territories 20210331070521
Union Territories
Notes
Art. 239 Administration of Union territories.
Art. 239A Creation of local Legislatures or Council of Ministers or
both for certain Union territories.
Art. 239A Special provisions with respect to Delhi.
Art. 239AA Provision in case of failure of constitutional machinery.
Art. 239AB Power of administrator to promulgate Ordinances during
recess of Legislature.
Art. 240 Power of President to make regulations for certain Union
territories.
Art. 241 High Courts for Union territories.
in that behalf:
• Provided further that whenever the said Legislature is dissolved, or
its functioning remains suspended on account of any action taken
under any such law as is referred to in clause (1) of article 239A,
the administrator shall not promulgate any Ordinance during the
period of such dissolution or suspension.
• Art. 240. Power of President to make regulations for certain
Union territories.—(1) The President may make regulations for
the peace, progress and good government of the Union territory
of—
(a) the Andaman and Nicobar Islands;
1[(b) Lakshadweep;]
2[(c) Dadra and Nagar Haveli;]
3[(d) Daman and Diu;]
4[(e) 5[Puducherry];]
6(f) ***
7(g) ***
Art. 241. High Courts for Union territories.–(1) 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 the
Constitution.
DADRA AND NAGAR HAVELI AND DAMAN AND DIU
MERGER BILL, 2019
The Union Territories (UTs) of Dadra and Nagar Haveli and Daman Notes
and Diu were merged into one UT by the Dadra and Nagar Haveli and
Daman and Diu Merger Bill, 2019.
The area of Dadra & Nagar Haveli spread over 491.00 sq.kms.It's
a landlocked Union Territory between north Maharashtra and south
Gujarat. It got freedom from Portuguese Rulers on 2nd August 1954.
Initially, the Administration of Dadra & Nagar Haveli was free from
Indian influence but later on, this Union Territory was merged into the
Union of India in the year 1961.
History of the Daman and Diu;
Daman and Diu was under the control of Portuguese Rulers for
more than four centuries. It got liberated from Portuguese control on
19th December 1961. Initially, it was part of the U.T. of Goa but when
the Goa attained statehood, the Union Territory of Daman and Diu
came into existence on 30th May 1987.
But now the Union Territory of Daman and Diu has been merged
with the Union Territory, Dadra and Nagar Haveli and the new UT will
be called Dadra and Nagar Haveli and Daman and Diu with effect from
26 January 2020.
So now onwards the UTs of Dadra and Nagar Haveli and Daman
and Diu are just single UT.
The merger of these two UTs takes place by the Dadra and Nagar
Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019.
merged UT.
• Appointed by President
• One half of members must have served Government/Held offices
for at least 10 years.
Notes • 6 years or 65 years of age which ever is earlier.
• Should not hold any other office of profit.
• Salaries, allowances from charged expenditure
• A member of a Public Service Commission shall hold office for a
term of six years from the date on which he enters upon his office
or until he attains, in the case of the Union Commission, the age of
sixty-five years, and in the case of a State Commission or a Joint
Commission, the age of 2[sixty-two years], whichever is earlier:
• (a) a member of a Public Service Commission may, by writing
under his hand addressed, in the case of the Union Commission
or a Joint Commission, to the President, and in the case of a State
Commission, to the Governor 1*** of the State, resign his office;
• A person who holds office as a member of a Public Service
Commission shall, on the expiration of his term of office, be
ineligible for re-appointment to that office.
Removal of Members
• Can be removed on the grounds of misbehaviour.
• Can be removed by President, after an enquiry conducted by
Supreme Court.
• 317. Removal and suspension of a member of a Public Service
Commission
• President can remove without any reference to the Supreme
Court, if any such person.
a) is adjudged an insolvent
b) accepts any other paid employment during the term of office
c) is in the opinion of the President unfit to continue in office by
reason of infirmity of mind or body
319. Prohibition as to the holding of offices by members of
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Emergency Provisions
Notes
NATIONAL EMERGENCY
Art 352
• When country is threatened by war, external aggression or internal
armed rebellion or a likelihood of it. For the whole of the country or
a part of it.
• National Emergency can be imposed by President on advice by
Council of Ministers cabinet in writing.
• Both the Houses should approve within 1 month
• National Emergency will be in force for 6 months from the day
Parliament approves.
• If Lok Sabha is dissolved, Rajya Sabha should approve.
• It should be approved by Lok Sabha within 30 days of first sitting.
• Should be approved by a majority as under Art 368
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• Parliament can extend for any number of times but each time for 6
months.
Consequences of National Emergency
1. Nation looses its federal character.
• President can direct state governments on all subjects.
• State Executive still functions but under the guidance of Centre.
2. Effects on Legislature
• Life of Lok Sabha can be extended not more than One year at
a time during National Emergency
• State List behaves like Concurrent List.
3. Effects on Financial Relations
• President can modify distribution of finance subject to the
approval of Parliament
• modification should not exceed the end of financial years, in
which National Emergency ended.
4. Effects on Fundamental Rights
• Art 358- Along with National Emergency declaration, Art 19
automatically suspended.
• Art 359- Though separate proclamation, President can suspend
rest of Fundamental Rights except Art 20 and 21.
relations between the Union and States, by his own order. However,
no such order shall have effect beyond the financial year in which
the proclamation on Emergency ceases to be operative.
Notes Such order of the President is subject to the approval of the
Parliament.
4. On Fundamental Rights: Articles 358 – 359 lay down the effects
of a Proclamation of Emergency upon Fundamental Rights. Article
358 frees the State from the limitations imposed by Article 19
during the Proclamation of Emergency operative on grounds of war
or external aggression (but not armed rebellion). It is to say that the
rights conferred by Article 19 automatically gets suspended when
the Emergency is proclaimed on such grounds.
Further, Article 359 empowers the President to suspend, by an
order, all or any of the Fundamental Rights enumerated in Part III
of the Constitution except Article 20 and 21.
ARTICLE 356
The Constitution of India provides for carrying on the administration
of a State by the Union Government in case of a failure of the Notes
constitutional machinery of the State. The administration of the State in
such situations can be taken over by the Centre through a Presidential
proclamation made under Article 356. The Constitution empowers the
President to make a proclamation under Article 356 on two grounds:
a) Article 355 States – “It shall be the duty of the Union to protect
every State against external aggression and internal disturbance
and to ensure that the government of every State is carried of
in accordance with the provisions of the Constitution”. So the
President is empowered to make a proclamation under 356, when
he is satisfied that the Government of a State cannot be carried
on in accordance with the provisions of the Constitution, either
on the report of the Governor of the State or otherwise. Here the
expression “otherwise” means that the President can act even on
the basis of press-reports or information obtained from any reliable
source.
b) In pursuance of its duty (as Stated in Article 355) to ensure that
the government of every state is carried on in accordance with
the provisions of the Constitution the centre can, time to time,
issue “directions” under Article 256 to States. Then, Article 365
empowers the President to make a proclamation under Article 356
(President Rule) where any State has failed to comply with, or to
give effect to, any directions given by the Union, in the exercise of
its executive power to the State.
The duration of such proclamation shall ordinarily be for two
months. If, however, such proclamation is laid down before each
House of the Parliament and is approved by the Parliament it will
be in operation for six months from the date of the issue of the
proclamation. It can be approved by the Parliament for a further
concerned.
Another noteworthy point is that by the 42nd Amendment, 1976,
the President’s satisfaction for the making of a proclamation under
Notes Article 356 had been made immune from judicial review; but the 44th
Amendment, 1978 has removed that constraint, so that the Courts may
now interfere if the proclamation is mala fide or the reasons disclosed
for making such proclamation are not bona fide.
So far Article 356 has been used recklessly by the Government
of the day at the Centre. Many a time it has been used to punish
the State government in case the government of the day in the State
belongs to a different political party or a coalition of parties from that
of the Centre. This has been a tremendous cause of conflict in the
Centre-State relations. Therefore Sarkaria Commission, constituted
in 1983 to give Report on strengthening the Centre-State relations,
recommended that the provision of Article 356 should be used ‘as a
last resort’ and, therefore, should be ‘sparingly used’ – when all other
alternatives have been exhausted by the Centre.
IN A LANDMARK JUDGMENT, IN MARCH 1994, DEALING
WITH ARTICLE 356 THE SUPREME COURT LAID DOWN THE
FOLLOWING PROPOSITIONS:
• Presidential proclamation dissolving a State Legislative Assembly
is subject to judicial review. It is of the view that the power of
dissolving a Legislative Assembly can be exercised by the President
only after the proclamation is approved by the Parliament. Till the
time the proclamation is approved by the Parliament the Legislative
Assembly should be kept in suspended animation.
• Burden lies on the Union Government to prove that relevant
and substantial material existed (to justify the issue of such
proclamation).
• Court would not go into the correctness of the material.
• If the Court strikes down the proclamation saying that it was a
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mala fide act it has the power to restore the dismissed State
Government to office.
• A State Government pursuing anti-secular policies is liable to
action under Article 356.
Article 356
Provisions in case of failure of constitutional machinery in States.
(1) If the President, on receipt of a report from the Governor of a
State or otherwise, is satisfied that a situation has arisen in which the
Government of the State cannot be carried on in accordance with the
provisions of this Constitution, the President may by Proclamation—
a) assume to himself all or any of the functions of the Government of
the State and all or any of the powers vested in or exercisable by the
Governor.
Article 365
Effect of failure to comply with, or to give effect to, directions given
by the Union. Where any State has failed to comply with, or to give
of a State;
(ii) a provision requiring all Money Bills or other Bills to which the
provisions of article 207 apply to be reserved for the consideration
Notes of the President after they are passed by the Legislature of the
State;
(b) it shall be competent for the President during the period any
Proclamation issued under this article is in operation to issue
directions for the reduction of salaries and allowances of all or any
class of persons serving in connection with the affairs of the Union
including the Judges of the Supreme Court and the High Courts.
• A proclamation issued under Art. 360 will remain in force for two
months, unless before the expiry of the period it is approved by
both the Houses of the Parliament.
• Provided that if any such Proclamation is issued at a time when
the House of the People has been dissolved or the dissolution
of the House of the People takes place during the period of two
months referred to in sub-clause (c), and if a resolution approving
the Proclamation has been passed by the Council of States, but
no resolution with respect to such Proclamation has been passed
by the House of the People before the expiration of that period, the
Proclamation shall cease to operate at the expiration of thirty days
from the date on which the House of the People first sits after its
reconstitution
• Once approved it remains in force till revoked by the President.
• No emergency under Art. 360 has been issued so far.
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Meaning of Amendment:
• According to the Oxford Advanced Learner’s Dictionary amendment
means minor alteration or addition to a document etc. It means,
therefore, that amendment does not entail substantial changes in
the existing provisions.
• But, amendment as mentioned in Article 368 of the Indian
Constitution does involve substantial changes, though not
transformation of the existing structure.
• As per this Article amendment involves ‘addition, variation or
repeal’ of any provision of the Constitution.
• The Parliament, by 42nd Constitution (Amendment) Act, has
amended the provisions of the Constitution to such an extent that
it has now come to be known as a ‘mini Constitution’.
• Procedures for Amendment: Constitution of India vests
constituent power upon the ordinary legislature of the Union,
i.e. Parliament, and there is no separate body for amending the
Constitution, as exists in some other Constitutions of the world.
• Certain provisions of the Constitution can be altered by the Union
Parliament in the ordinary process of Legislation, i.e. by a simple
majority. Those provisions are as follows:
• Admission or creation of new States and alteration of areas,
boundaries, or names of existing ones (Article 2,3 and 4),
• Creation or abolition of Legislative Councils in a State (Article 169),
• Administration and control of Scheduled areas and Scheduled
Tribes (para 7 of the 5th Schedule), and
• Administration of tribal areas in the States of Assam, Meghalaya
and Mizoram (para 21 of the 6th Schedule).
IMPORTANT AMENDMENTS
• The first Constitutional Amendment was carried out in 1951 to
overcome difficulties created by Supreme Court due to its decisions
regarding fundamental rights, specially the right to equality before
law, right to freedom of speech and right to private property. It also
added a new Schedule to the Constitution (the IX Schedule) and
included certain Acts in the list, which could not be challenged by
the courts, i.e. IX Schedule is beyond judicial review.
• The Seventh Amendment was carried out in 1956 to implement
the States Reorganisation Plan. It abolished the existing
Anti-Defection Law
Notes
court.
Causes of failure
The law does not clearly say in what manner the principle of 1/3rd
for split or of 2/3rd in case of merger shall operate. The loops and Notes
holes remain in the Act and hence what cannot be done by a large
group can be done after the split.
The law does not define whether the defection is a one time affair
or a continuous one.
The law does not cover an event when a political party deliberately
dismisses some of its members of the Legislature to deny them the
split of political party under this Act. The Speaker has the sole right to
decide on this and hence political colouring of the issue is possible.