[feb]structural fragility of Union Territories

Question 1

context?

Answer 1

Political turmoil in Puducherry

Question 2

art.239?

Answer 2

provided for the administration of UTs directly by the President through the administrators

Question 3

Article 239A?

Answer 3

Enabled Parliament to create legislatures for the UTs

Question 4

Problems with current system in UT?

Answer 4

1. Constitution says that legislature in UTs can be a body that is elected, or partly elected and partly nominated -> How can a fully/partly nominated body understand aspirations of people
2. there can be a Council of Ministers without a legislature, or there can be a legislature as well as a Council of Ministers. -> legislature is the law-making body and a legislative proposal is initiated by the council of ministers hence both are needed

Question 5

Issue of nomination of puducherry assembly?

Answer 5

Government of Union Territories Act -> 3 out of 33 to be nominated by the Central government ->Union government had nominated three BJP members to the Assembly without consulting the state government -> state government ne case keli -> Supreme Court in the Lakshminarayanan v. Union of India, 2019 held that the Union government is not required to consult the State government for nominating members ->SC ne he nominated members kontya field madhle asle pahiet or nominate karayachi procedure kay asli pahije yatala kahich nahi sangitala

-for nomination no such qualification is laid down either in Article 239A or the Government of Union Territories Act.

Question 6

Administrator’s power?

Answer 6

Section 44 of the Government of Union Territories Act and Article 239 AA(4) ->administrator has the right to disagree with the decisions of the Council of Ministers and then refer them to the President for a final decision. ->administrator can then take all actions he or she deems fit in the matter in total disregard of the elected government -> Union government asha prakare UT administrator through control karu shakate

Question 7

NCT of Delhi v. Union of India (2019)

Answer 7

administrator should not misuse his/her power to frustrate the functioning of the elected government in the territory and use it after all methods have failed to reconcile the differences between him/her and the Council of Ministers, there has been no improvement in this regard.