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Polity > Union and Its Territories > Flashcards

Union and Its Territories Flashcards

1
Q

Significance of Article 1

A

India i.e Bharat is a Union of States
This signifies that the country is named India and Bharat.

It states the political structure i.e Union of States

Union of States has been preferred to Federation of States as the Indian Federation is not the result of an agreement among states. They have no right to secede. The federation is a union because the union is indestructable.

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2
Q

Art 2

A

Admission or establishment of new states that are not part of the Union i.e External Readjustment

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3
Q

Art 3.

A

Formation or changes in existing states i.e Internal Readjustment.

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4
Q

Significance of 7th Constitutional Amendment Act, 1956

A

Lead to the creation of Zonal Councils to advise on matters of common interest. They have statutory origin. Total 5

North Easter Zonal Council is created by a different statute in 1971 (North East Council Act 1972

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5
Q

Process of Invoking Art 3

A
  1. Introduced in the Parliament with prior recommendation of the Prez
  2. Prez has to refer the same to the state legislature concerned for expressing its views within a specified period.
  3. Prez is not bound by the views of the state legislature and may either accept or reject.
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6
Q

Art 4

A

Laws made under Art 2 and 3 are not to be considered amendments

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7
Q

How did Hyderabad, Junagarh and Kashmir became a part of India?

A
  1. Hyderabad = Operation POLO police action
  2. Junagarh = Referendum
  3. Kashmir = Instrument of Accession.
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8
Q

Dhar and JVP Commission (1948)

A

Reorganisation of States on the basis of administrative convenience rather than linguistic.

Rejected language as the basis of reorganisation

Note: JN + SVP + Pattabhi Sitaramayya

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9
Q

Fasal Ali Commission 1953

A

Language as the basis of reorganisation
It rejected the theory of One Language one State

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10
Q

UT of Deli was redesignated as National Capital Territory in which amendment

A

69Th Constitutional Amendment Act 1991

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11
Q

Merits of reorganising states on linguistic lines?

A

Secular Mode
Better learning outcome
Unity in diversity
Broad based participation
Efficient Administration

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12
Q

Demerits of reorganising states on linguistic lines?

A

Regionalism
Sub Nationalism
Economic and Financial Stress
More recognition of languages

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13
Q

List of new state demands?

A

Uttar Pradesh : Bundelkand
Maharashtra : Vidharba
Bihar : Mithilanchal
West Bengal : Gorkhaland
Assam : Bodoland
Delhi as a State

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14
Q

Arguments for and against Delhi as a separate state?

A
  1. 69th Constitutional Amendment 1991 = Formation of legislative council
  2. Currently 2 crore people = need representation
  3. UN Report = most populous city by 2028
  4. Resolve issues of frequent tussle between govt the lg

Against :
1. Not national compulsion = politically inspired
2. National Capital = Interest of entire country
3. Institutions of national importance
4.

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15
Q

SC judgement that gives clarity on the role of LG in Delhi?

A

Govt of NCT of Delhi Vs Union of India Case 2018 :
1. LG does not have any independent decision making powers
2. Bound by the aid and advice of COM except for matters of police, public order and land.

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16
Q

Implication of the striking of article 370.

A
  1. Single citizenship
  2. RPC replaced by IPC
  3. Article 35A which granted special status to permanent residents are null and void.
  4. Single Constitution
  5. Parliamentary laws are applicable to J and K
17
Q

Reasons why article 370 was revoekd?

A
  1. Progressive laws not applicable otherwise such as RTE, RTI
  2. Insurgencies
  3. International events such as Afghanistans Taliban, Raproachement of US and Pakistan
  4. Accomodation of Kashmiri Pandits
  5. Lack of intergration
  6. Lack of economic development
  7. Lack of investments
18
Q

Some issues associated with striking of article 370?

A
  1. Constitutional Issues : Clause 3 states that Prez required recommendations from JK constitutent assembly
  2. Art 3, says the same thing
  3. Revoked without Constitutional Amendment
  4. First time state degraded into a UT
  5. Violated international norm of maxim of pacta sunt servanda
  6. Against SC Judgement such as SBI Vs Zaffar Ullah Nehru

7 Feeling of insecurity amongst locals

Polity (11 decks)

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