Union Territories: India
This is a collection of articles archived for the excellence of their content. |
Delhi, Pondicherry: Special status, but President’s word final
The Times of India, Aug 08 2016
How were the states organised after India became a republic?
When the constitution came into force on January 26, 1950, India became a union of states (earlier called provinces) with extensive autonomy and some territories administered by the central government. Under the constitution, there were three kinds of states -nine Part A states, eight Part B states and 10 Part C states. Part A states were former governors' provinces in British India -Assam, West Bengal, Bihar, Bombay , Madhya Pradesh, Madras, Orissa, Punjab and Uttar Pradesh. Part B comprised the former princely states of Hyderabad, Saurashtra, Mysore, Travancore-Cochin, Madhya Bharat, Vindhya Pradesh, Rajasthan and the Patiala and East Punjab States Union (PEPSU). Part C states included a few princely states as well as former provinces governed by chief commissioners such as Kutch, Himachal Pradesh, Coorg, Manipur and Tripura. Jammu & Kashmir had special status. Apart from the states, there were part D territories. The States Reorganisation Act, 1956, abolished the three categories of states while the territories in part D were termed Union territories.
What was the status of Delhi during British rule?
Before becoming the capital of India, Delhi was known as the Imperial Delhi Estate and was part of the province of Punjab. After the announcement of the shifting of the capital from Kolkata, the Governor General took Delhi under his immediate authority. The Delhi Laws Act, 1912, came into force and the administration of the territory of Delhi went under a chief commissioner. Delhi was made a separate province known as the Province of Delhi.
What was the status after independence?
Like other provinces governed by the chief commissioner, Del hi too became a Part-C state.
The constitution provided that these states would be administered by the President through a chief commissioner, but Parliament could create a local legislature and high courts in these states. In 1951, Parlia ment enacted the Government of Part C States Act, 1951, to let some Part C states have legislatures and councils of ministers. The States Reorganisation Commis sion later suggested that these Part C states should be either made Union territories or merged with other states. While others got merged, six UTs were created -Delhi, Himachal Pra desh, Manipur, Tripura, Anda man & Nicobar Islands and Laccadive, Minicoy and Amindivi Islands (Lakshadweep). Subsequently Dadra & Nagar Haveli, Goa, Daman & Diu, Pondicherry and Chandigarh also became UTs. Some of them later became states.
How are Delhi and Puducherry different from other UTs?
According to Article 239 of the constitution, every UT is to be administrated by the President through an administrator appointed by him/her. There are, however, special provisions for Puducherry and Delhi as they are allowed to elect legislative assemblies and have councils of ministers with some legislative independence. For Delhi, article 239AA states that the assembly will have power to make laws on everything except law and order, land and the appointment of bureaucrats, as these powers are with the central government. There is a clause that states that where there is a difference of opinion between the LG and the ministers, the LG can refer the issue to the President and act according to the President's decision, overruling the council of ministers.This is what the Delhi high court recently reiterated.
How are other national capitals governed?
In many countries, the national capital has a different status t from other states. The US capital elects a mayor and council, , but Congress retains the right to review and overturn laws created by it. The Greater Lon don Authority too has an electf ed mayor and assembly. Al though the mayor has executive power over transport, policing, economic development and so on, the national government can step in and take control if it feels the mayor is not fulfilling the role.The German capital, on the other hand, enjoys a similar t status as other states.
LG appoints bureaucrats
The Times of India, Aug 05 2016
The Delhi high court order signals a major relief for the bureaucracy, caught between the state and Centre. It has also addressed the issue of appointments by making it clear that “services“ comes under the ministry of home affairs. The message appears to have permeated fast in the bureaucratic rank and file who are now clear that any transgression will attract action. It will be interesting to see how the CM and cabinet respond to any refusal by officers in the future to issue orders.
In dealing with the MHA notification giving the LG full powers to appoint Delhi bureaucrats, the high court made it clear that there is no state cadre for Delhi and that the “services“ of all union territories are services of the Centre. HC pointed out that there are only two services under the constitutional scheme -one of the Union and the other of each state.Since there is no separate service cadre of any union territory , government services under Delhi are “necessarily the services of the Union“. On that ground, the court stressed, matters connected with “services“ fall outside the purview of the Delhi assembly and its elected government.
“Therefore, the direction in the impugned notification that the lieutenant governor of the NCT of Delhi shall in respect of matters connected with “services“ exercise the powers and discharge the functions of the Central Government to the extent delegated to him from time to time by the President is neither il legal nor unconstitutional,“ it said.
Over 2015-16, the symbol of Arvind Kejriwal's unending skirmishes with the Centre has been the babu.Indeed, everything related to the bureaucrat has pitted the chief minister against the centre in the person of the lieutenant governor from the officers' salaries and promotions to transfers and appointments. The year gone by has seen the bureaucracy caught in the crossfire between the two, leaving it “uncertain and marked by anxiety“.
The all-time low in the state government's equation with the bureaucracy came when Kejriwal reacted to the mass protest leave by DANICS and IAS officers on December 31last year by calling them the “B-team of BJP“. He also raised a few eyebrows when he tweeted that the time had come “to replace bureaucrats with professionals and sector experts. Infuse fresh energy n ideas in governance.“
The trigger came from a decision wherein home minister Satyendra Jain suspended two special secretaries in December for refusing to sign a notification that they said did not have the approval of the competent authority . While the LG declared the order void, Jain remained firm.“What rules are you citing,“ he asked. “I want work and will post whoever wants to work. Those who don't want to work can leave.“
The CM and deputy CM have many times asserted how the Centre was transferring and and posting officials without their consent, the most recent instance being when the government put out advertisements about how officials were being transfered by the Centre affecting governance.MHA had refuted the charge.
