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UTs & SchA, TAs Flashcards

1
Q

Three types of territories acc to Article 1

A
  1. States
  2. UTs
  3. Acquired territories
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2
Q

No of states and UTs

A

28 states
8 UT s
No acquired territories

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3
Q

Articles and Part of UTs

A

A239- 241, Part V11

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4
Q

UTs also known as

A

Centrally Administered Territories

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5
Q

Relationship bw Centre and UTs

A

Plainly unitary

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6
Q

History of UTs

A
  1. 1874: Scheduled Districts
  2. Later renamed Chief Commissioners provinces.
  3. After indep- Part C and D Territories
  4. 1956 - UTs 7th CAA, States Reorg Act 1956
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7
Q

UTs elevated to States?

A

HP
Manipur
Tripura
Mizoram
AP
Goa

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8
Q

8 UTs

A

1956- AnN
1956- Delhi
1956- LD
1962- PC
1966- CD
2019-J&K
2019- LD
2020-DNHDD

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9
Q

Previous name of Lakshadweep, renamed in

A

Laccadive, Minicoy an Amindivi Islands
1973

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10
Q

Previous name of Puducherry, renamed in

A

Pondicherry
2006

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11
Q

Delhi renamed as and when

A

Nat Capital Territory 1992

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12
Q

1950 OG classification of states and territories

A

Four fold
Part A, B, C, D Territories

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13
Q

Portuguese and French Territories

A

P- DNHDD, Goa
Fr- Puducherry

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14
Q

Reason for creating Union territories

A
  • Political & administrative- Delhi, CD
  • cultural distinctiveness- PD, DNHDD
  • strategic importance- AnN, LD
  • special treatment of Backward and tribal people-MA, MI, T, ArP
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15
Q

Which bill created the union territory of Jammu & Kashmir and Ladakh

A

Jammu and Kashmir Reorganisation Bill 2019

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16
Q

Why were the union territories of Jammu and Kashmir and Ladakh created

A
  • Sparse population
  • demand for status of United Territory
  • Internal security question
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17
Q

why were the union territories of Daman and Diu; and Dadar and Nagar Haveli unified
When?

A
  • Similarity of administrative history language culture
  • wastage of infrastructure manpower - upper officials would work in both Union Territories on alternate days
  • subordinate employees were separate
  • duplication of work
  • financial burden
  • minimum government maximum governance

2020

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18
Q

Which bill created the union territory of Dadar Nagar Haveli and Daman and Diu

A

Dadar and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019

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19
Q

Every Union territory is administered by

A

President acting through an administrator appointed by her

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20
Q

Who specifies the designation of an administrator what are these designations

A

The president.
Designations include Lieutenant Governor, Chief Commissioner or administrator

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21
Q

which UTs have lieutenant governor

A

Delhi
Puducherry
Andaman Nicobar Islands
Jammu and Kashmir
Ladakh

DJ-PALadakh

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22
Q

Which Union Territories have administrators

A

Chandigarh
Dadar Nagar Haveli and Daman and Diu Lakshadweep
[CDC]

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23
Q

Can President app Gov of adjoining state as administrator of UT

A

Yes.
But Gov has to work indep of Com

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24
Q

Which UTs have Leg, CM and CoM?

A

Puducherry
Delhi
J&K

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25
President can make regulations for the peace, progress and good govt of wh UTs? Exception?
ANN LD DNHDD Ladakh - exception- Puducherry as well but only when its assembly is suspended/dissolved [DALL]
25
Can Parliament can override the decisions of UTs with Legs
Yes
25
UTs with Legs can legislate upon wh topics/ list
- State and Concurrent for all 3 - Except pub order, police for -J&K - Except pub order, police and land- Delhi
26
Which UT has it own HC, yest
Delhi NCT
27
List HC'S of UTs
1. Delhi- Delhi HC 2. DNHDD- Bombay HC 3. CG- P&H HC 4. ANN- Calcutta HC 5. LD- Kerala HC 6. Puducherry- Madras HC 7. J&K- J&K HC 8. Ladakh- J&K HC
28
Delhi gor special status from which CAA, Features of CAA
69th CAA - renamed Nat Cap Territory of Delhi - admin designated- Lt Gov. - created leg assembly and CoM - strength of Assembly- 70 - direct election by ECI - all subj of state and CC list except- land, police and pub order. Parliament can prevail all these subj tho. Strenght of CoM 10% of tot strength ie 7=1CM + 6 ministers - CM app by President - CoM by President on advice of CM - Hold off till pleasue of Pres - CoM to aid and advice lt gov, except where he is req to use discretion - in case of diff of opinion- lt gov refers matter to Pres - Pres can impose Pres rule on report of lt gov or otherwise - Lt gov can issue ordinance when assembly is in recess not when it is dissolved/suspended. Can withdraw it anytime. Prior permission of Pres req to promulgate/withdraw. - assembly shd approve it within 6 weeks since reassembly
29
Which is the nodal min of UTs acc to what?
Home Affairs. Acc to GoI (Allocation of Business) Rules 1961
30
Wh UTs have forum of Home Minister's Advisory Committee (HMAC)/ Administrator's Advisory Committee (AAC)? Who chairs them? Members? topic of discussion?
All 5 UTs without legislatures. HMAC Chair- Home Minister AAC Chair- Administrator of that UT Members- MPs and local bodiy leaders of respective UTs. These discuss gen socio-eco dev issues of UTs.
31
Can Parliament make laws on any subjects of the three lists for a UT?
Yes.
32
An administrator is what of the President? Whereas a governor is ?
Agent. Whereas, Governor is the constitutional head of the state.
33
A239
Administration of UTs
34
A239A
Creation of local legislatures/CoM/both for certain UTs
35
A239AA
Spl provisions wrt Delhi.
36
A239AB
Provision in case of a failure of const machinery
37
A239B
Ordinances of Administrator.
38
A240
Power of President make regulations for certain union territories.
39
A241
High courts for Union territories
42
Article and Part scheduled areas and tribes
A244, Part X
43
Fifth schedule
Admin and control of SA and ST except in MeTMiA
44
Sixth schedule
Admin of TA in MeTMiA
45
5th schedule is also known as
A constitution within a constitution
46
Features of 5th sch
Declaration of SA Executive power of State and centre Tribals Advisory Council Law applicable to SA
47
Who can declare Scheduled Areas
President. - increase/d area - alter boundary - rescind such designation/redesignation In consultation with governor.
48
Criteria for declaring Sch Areas ? Are these given in const?
1. Preponderance of tribal pop 2. Compactness/ reasonable size of area 3. Viable admin entity 4. Eco backwardness No given in constitution, but has become well established.
49
Executive powers over Sch areas of Governor State Centre
- Governor- submit a report to President abt admin annually or as req - State’s power extends to SA therein - Centre- giving directions to state regarding admin of SA
50
Tribals Advisory Council Formed by Purpose Composition
State having Sch Areas - to advise on welfare, adv of tribals - 20 members, 3/4th of whom to be reps of STs in state LA - Can be formed in states having STs but no SAs, if President directs.
51
Can Tribals Advisory Councils be formed in States without SAs
Yes, if they have STs and if President directs.
52
Power of Governor over SA
- direct if Parliament/ state law/ modification/ exception is applicable to SA - make regulations for peace and good governance of SA after consulting TAC - all such regulations require assent of President.
53
Who is required to form a commission to report abt the admin of SA, STs ? Time req? Who chaired these commission?
- President. - anytime but compulsorily after 10 years commencement of the const 1960- UN Dhebar, report in 1961 2002- Dilip Singh Bhuria, report in 2004
55
Difference between 5 and 6th schedule
In 6th schedule the emphasis is on self rule
56
How many TAs under 6th Schedule
10
57
Features of 6th schedule
- TAs are autonomous districts, still under executive authority of state - governor can org,reorg, increase/d area, rename, define boundaries of TAs - If diff tribes in auto district, he can divide it into several autonomous districts - each autonomous district has a 30 member district council - 4 are nominated by Governor and 26 are elected on UAF - term of 5 years, nominated depend on pleasure of president - each autonomous region has a separate regional council - district and regional council can make laws but req assent of Governor - district and regional councils can constitute village councils/ court trials - jurisdiction of HC over these cases specified by governor - district council can establish primary sch, etc - it can also make regulations for trading by non tribals but req assent of - Governor - empowered to assess and collect land revenue, impose specified taxes - Acts of parliament/state leg do not apply/with modifications/exceptions to Auto districts, this power lies with either President / governor For Assam - lies with Governor- for both Parliament law/ state leg For Meghalaya, Tripura, Mizoram- with President for Acts of Parliament and with Governor for acts of state leg. - Governor can appoint a comm to report abt auto districts/regions, He can dissolve a district/ regional council on recomm of comm.
58
Sixth schedule is an instrument of
Tribal self rule
59
Powers of District councils and regional councils under 6th schedule
- administer - collect land rev and taxes - est sch, village councils, courts etc. - With assent of governor makes laws and regulations. Details- - Administer areas under their jurisdiction - Make laws on specified matters which require assent of Governor - Make regulations for the control of money lending and trading by non tribals, requires assent of Governor - Empowered to assess and collect land revenue and impose specified taxes - establish primary school dispensaries markets etc in the district - Constitute Village Council or courts for trial of cases between the tribes ○ Here appeals from the abv ○ jurisdiction of high courts over these cases specified by the governor
60
Do autonomous districts fall outside the executive authority of state govt
No.
61
Who is empowered to org/rename etc the autonomous districts ?
Governor
62
Who is supposed to submit a report of admin of SAs to whom?
Governor to President.
63
Refer ON for diff bw provisions of 5th and 6th schedule Prelims-Polity- Comparison table
GO REFER, NOW! ITS THE MOST IMP PART OF THE WHOLE CHAPTER!
64
A244
Admin of SAs and STs
65
A244A
Formation of autonomous state comprising certain TAs in Assam + creation of local leg/CoM/both.
66
A339
Control of Union over admin of SAs and welfare of STs.
67
List Tribal areas under 6th schedule
Meghalaya- GKJ - Garo Hills District - Khasi Hills District - Jaintia Hills District Tripura- TTAD - Tripura Tribal Areas District Mizoram -LCM - Lai District - Chakma District - Mara District Assam- KBC - Karbi Anglong District - Bodoland Territorial Areas district - north Cachar Hills District
68
Acronym for 6th schedule tribal areas of MeTMiA
Meghalaya- G-K-J Tripura- TTAD Mizoram- LCM Assam- KBC GKJ found TTAD using LCM in KBC

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