Thursday, July 1,2021 8:12 AM Article 1 Union of States [Ambedkar Names {States created union India + Bharat Bharat Description of culture in subcontinent India us Union of States, United States Holding together Model Coming Together Model States are created by Union Union is created by states Indestructible union with destructible states Fedration Asymmetrical Symmetrical India USA Variations among units Similarity in units ie status Art 371 Parlaiment decides terms + conditions UT + State + Semi autonomous + associate state Article 1(3) ‘Territory of India States UTs Acquired territories Exclusive economic zone 200 NM_ Territorial waters 12 NM Article 2 Admission Inclusion from outside Establishment of new states UTS or other acquired territory Covert into states Article 3 Formation of new states Separation Addition Other Increase in area Deerease in area Alteration of boundry Alternation of name Bill Constitution Amedment Bill exempted from Art 368 Either house of parlaiment Govt bill ie introduced by Minister on recommendation of president Procedure President refer bill to legislature of concern states President may mention time frame for opinion of concem states Parlaiment not bound to accept opinion of state Simple majority by both houses President bound to give assent i.e constitution amendment Bill Note ‘No joint sitting in case of disagreement Note Only bill where president bound to give assent ic constitution amedment bill Joint sitting only i.e ordinary bill Mains Question Art 2 ie non fedral feature No non fedral feauture Asymmetrical federalism Cooperative fedralism ‘Yes fedral feature Opinion of state not binding Simple majority | Holding together model | States are created by Union ‘No guarantee of name + area of state | Conelusion Introduction of bill in parliament Federation with strong center i.e quasi fedral SRCs 1956 1970 - 80 Ethnicity Criteria Security and Startegie Territorial Integrity + Sovereignty Arunachal Pradesh + Sikkim Linguistic basis for Administartive convenience Finaneial viability 1950 - 60 21st Developemant Linguistic basis One state one language Good Governance Regional Imbalance Peninsular and western Cultural + local identities Linguistic state formation Nehru Impact Not in favor of linguistic state | Multi Lingual state i.e unity in diversity Rise of regional parties Coalition polities Breakdown of congress system Caste polities Ambedkar Smaller state Gandhi Reorganization of Hindi Heartland Favor in linguistic state Language indivisible part of culture Need of 2nd SRCs Solution No Opening of Pandora box ie box of problems Balkanization Demands will not stop Smaller states Anylysis No relation developemnt + size + GG Demands Good governance Examples Political ambitions Maharashtra Vs Jharkhand People aspirations Tamil Nadu Vs Chhattisgarh - Shines on mines Development Solution Problems Genuine demands case to case basis Politically unstable Empowerment of local bodies to achieve GG + Developemnt ‘New machinery Use of ICT New ministries ‘Non developemnt expenditure Finaneial viability Union Territories Article 239 Article 240 Administartion of UTs | Powers of president President through Administrator Rules + Regulations for peace + GG Parlaiment through laws Destructible union with destructible states Genuine demands case to case basis, ‘UTs AN+NI | Lakshadweep Art 241 Dada and Nagar Haveli HC for UTs | Daman and Div Parlaiment declares by law any Pondicherry only when LA dissolved Pondicherry Administartion Govt of UTs act 1963 Art 239 A Tth AA 1956 LA ie partly elected or nominated Council of Ministers Pondicherry Delhi - LG more powerful LA LA Yes Public order + Police + Land Council of Ministers Couneil of Ministers Delhi Pattabhi Sitaramyya Formula Delhi not state History Controlled by Union Govt Chief Commissioner Provinee Strong elected local Govt, Capital city “Issues after formula International Norms Overlapping jurisdiction Location of embassies Dual Govt International organization offices Functional autonomy Ministries _SRCs Recommendations Art 239 AA 69th AA 1991 Balakrishna Committee Abolition of elected govt Article 239 AA (4) Council of Ministers 10% National Capital Territory LA ice direly elected from territorial constituencies Dispute resolution LG Vs Ministers - President Article 239 AA (3) If matter is urgent - LG LA powers State list Article 239 AA (5) Except - Public order + Police + Land CM + COM appointed by President Hold office during his pleasure Article 239 AB State emergency similar to state Article 239 AA (6) Collective responsibility Article 239 B Prior permission of president Note Chief Secretary appointed by LG In other states by Chief Ministers LG of Delhi Real executive cM Nominal executive Public order + Police + Land under LG Head of Law and order Committee ‘Appointment of Chief secretary Present System of administartion Controlled by bureaucracy rather elected rep. Delhi as State reasons Commercial center Overlapping jurisdiction Population i.e most populated by 2028 Complete Chaos Lack of accountability on bureaucracy side Union Govt Vs Delhi Govt LG Vs Ministers Lack of Transparency in Governance Delhi not state reasons Better in compare to other capital cities Multiple set of authorities London Examples Strong local Govt DDA ie Ministry of Urban Developemnt NDMC ie Ministry of Home Affairs Canberra Similar to Delhi Dept. under Delhi Govt Delhi Jalboard Solution Power + Health excluding sanitation Vatican City Model i.e VIP area Education excluding primary school Second SRCs Report Delhi i.e more autonomy than statehood Delhi Administartion Monsoon refuse to rain down on Delhi because it is not sure under whose jurisdiction it will fall Delhi we 3 In Raj Sabha No representative in US Senate 7 In Lok Sabha with RTV L In lower House without RTV Delhi HC 2016 SC 2018 Coneurrence of LG must, CM keep to inform LG and Concurrence not required LG More powers + Discretion LG may have diffrence with COM LG has no independent decision making powers LG ‘Must work harmoniously Must not resist every step of COM Administartive head in limited sense ‘Bound to act on aid + advice of COM except those not under LA Matters of services do not come under preview of LG Delhi Sui Generous Case Way forward Population Administartive center Dispute More devolution of powers as found in UK resolution mechanism beyond President as found in Canada Historical Significance Nehru Delhi as sui generous case can’t be treated as static case