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Polity Class 01

Union Territories in India

Historical Evolution and Constitutional Provision

  • Originally, the Indian Constitution did not provide for union territories; distinct categories of states were initially present.
  • The State Reorganization Act of 1956 and the Seventh Constitutional Amendment Act led to the creation of union territories as a separate category.
  • Union territories are administered directly by the union government rather than a state government.

Legislative Powers and Executive Functions

  • In union territories, the executive functions are performed by an administrator appointed by the President on behalf of the central government.
  • The administrator may be designated as a Lieutenant Governor or simply as an administrator.
  • The Parliament exercises legislative power over union territories on subjects placed in the union list, concurrent list, and even state list, as provided under Article 246, Clause 4.
    • This clause empowers the Parliament to legislate for these territories irrespective of subject placement in the state list.
  • The nature of governance in union territories thus emphasizes centralized control with limited local mandate.

Regulation-Making Powers of the President

  • Article 240 provides for the President to make regulations for the peace and good government of certain strategically important union territories.
    • Territories such as Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Puducherry fall under this provision.
  • These regulations:
    • Are prepared with the aid and advice of the union council of ministers.
    • Have the effect of a law enacted by Parliament, and can even modify or repeal a law made by Parliament for these territories.
  • This exceptional power is designed to meet urgent administrative, security, and strategic requirements without waiting for parliamentary deliberations.

Strategic Rationale Behind Centralized Administration

  • Certain union territories, like the Andaman and Nicobar Islands, are administered centrally due to their strategic importance for national security and economic interests.
    • Their location is crucial for controlling sea lanes and protecting India’s geopolitical interests in the Indian Ocean and surrounding regions.
  • Placing these areas under state control could compromise national security if state governments do not fully cooperate with central policies.

Special Cases: Delhi and Puducherry

  • Delhi and Puducherry enjoy a distinct status compared to other union territories. They have legislative assemblies and councils of ministers.
    • However, important matters such as police, land, and public order remain under the control of the union government.
  • For Puducherry:
    • A constitutional amendment (14th Constitutional Amendment Act, 1962) added Article 239A.
    • This article allowed the establishment of a legislative assembly and a council of ministers, accommodating the demand for local political representation after liberation from French colonial rule.
    • Although the President’s regulation-making power extends to Puducherry in theory, it cannot be exercised as long as a local legislature exists.
  • For Delhi (now known as the National Capital Territory or NCT):
    • Article 239AA, introduced by the 69th Constitutional Amendment Act, defines its special status.
    • Delhi is granted a legislative assembly with seats filled through direct elections from territorial constituencies.
    • The composition of the council of ministers is specified, and the Lieutenant Governor (LG) is in place as the chief executive representative of the union government.
    • The LG’s role becomes critical especially when there is a conflict between the LG and the Council of Ministers.
    • In case of a significant difference of opinion on legislative or administrative matters, the LG may refer the matter to the President for resolution.
    • This referral is meant to address exceptional cases; however, its routine usage could undermine Delhi’s democratic mandate.

High Courts and the Judicial Dimension in Union Territories

  • The jurisdiction over judicial matters in union territories is allocated by Parliament.
    • Parliament may establish a separate High Court for a union territory or designate that the High Court of a specific state handles its judicial matters.
  • Examples:
    • Delhi has its own High Court established by Parliament.
    • In Puducherry, the Madras High Court exercises jurisdiction.
    • Lakshadweep falls under the Kerala High Court.
    • Chandigarh is administered by the Punjab and Haryana High Courts.
  • This arrangement reflects the flexibility in integrating union territories into the broader judicial system of India.

Other Strategic and Political Considerations

  • The transformation of regions like Jammu and Kashmir into a union territory with a legislature followed security and stabilization needs.
    • Like the cases of Mizoram, Meghalaya, and Arunachal Pradesh in earlier periods, the central government initially assumes control to restore law and order.
    • Once stability is achieved, there is a pathway toward granting full statehood.
  • In the case of Chandigarh:
    • The union territory status arose from inter-state conflicts between Punjab and Haryana over control of the city.
    • Maintaining Chandigarh as a union territory ensures that neither state has unilateral control, thus addressing regional disputes.
  • Deliberations on these issues reveal the balance between strategic governance, security imperatives, and political compromises in the union territory framework.

Citizenship Provisions in India

Constitutional Framework: Articles 5 to 11

  • Articles 5 to 10 were primarily designed to finalize citizenship status at the time of the Constitution`s commencement.
    • Article 5 defines who was deemed a citizen upon the Constitution’s commencement, based on criteria such as birth or descent in undivided India.
    • Article 6 deals with citizenship for migrants coming into India before specific cutoff dates, ensuring that those who migrated before partition are not deprived of citizenship.
    • Article 7 addresses the re-migration of people from Pakistan, providing a pathway for them to obtain Indian citizenship.
    • Article 8 allows individuals of Indian origin residing abroad (around the time of independence) to become citizens through registration procedures.
    • Article 9 prohibits dual citizenship for those who were Indian citizens at the commencement of the Constitution.
    • Article 10 ensures that citizenship granted under Articles 5 to 8 continues to be recognized.
  • Article 11 is of primary importance as it grants Parliament the authority to legislate on all matters regarding citizenship after the commencement of the Constitution.

Citizenship Act of 1955 and Its Provisions

  • Enacted under the powers granted by Article 11, the Citizenship Act of 1955 outlines the framework for acquiring and terminating Indian citizenship.
  • The Act codifies the various ways in which an individual may become an Indian citizen after the commencement of the Constitution, detailing the conditions, procedures, and eligibility criteria.
  • The Act forms the statutory basis for subsequent amendments and policies including debates on dual citizenship and matters concerning the OCI (Overseas Citizenship of India) scheme.

Modes of Acquiring Indian Citizenship

  • Citizenship by Birth
    • Prior to 1987, anyone born on Indian soil automatically qualified for Indian citizenship regardless of parental status.
    • Post-1987, at least one parent must be an Indian citizen, with further amendments in 2002 (effective from 2004) introducing conditions to prevent illegal immigration.
  • Citizenship by Descent
    • Citizenship may be obtained if an individual is born outside India to Indian parents, particularly when the birth is registered with an Indian consulate or embassy within a prescribed period.
    • Before amendments, provisions did not always extend equally to both genders but were later rendered gender-neutral.
  • Citizenship by Registration
    • Persons of Indian origin living abroad who meet certain criteria may register as citizens after demonstrating sufficient ties to India.
    • This category often includes former Indian citizens and their descendants.
  • Citizenship by Naturalization
    • Foreign nationals residing in India can apply for citizenship after fulfilling residency requirements, such as living for a specific number of years.
    • Detailed conditions are laid out in the Citizenship Act, including a residence requirement of 12 years within the 14-year period preceding application.
  • Citizenship by Marriage
    • A foreign national married to an Indian citizen may acquire citizenship by fulfilling the stipulated residence and legal requirements as per the Act.
    • The process involves demonstrating a bona fide marriage and sustained cohabitation along with other statutory conditions.
  • Uniform Rights for Citizens
    • Regardless of the method of acquisition, all Indian citizens enjoy the same rights and responsibilities.
    • Unlike certain countries that impose limitations on naturalized citizens, India does not bar any citizen from contesting elections, regardless of the method by which citizenship was acquired.

Loss of Indian Citizenship

  • Renunciation
    • Occurs when an individual voluntarily gives up Indian citizenship, typically when acquiring citizenship in another country.
    • This process leads to the loss of fundamental rights under several constitutional articles that are exclusive to Indian citizens.
  • Termination
    • Citizenship may be terminated by administrative or legal action if specific conditions or regulations are breached.
    • This is generally applied in cases where citizenship was acquired by fraudulent means or when national security concerns arise.
  • Deprivation
    • In situations where a citizen is found to be in breach of certain legal provisions, the government may deprive the individual of Indian citizenship.
    • Such measures are taken cautiously given the irreversible impact on an individual’s legal status and rights.
  • The specific procedures for loss of citizenship are outlined in the Citizenship Act, ensuring due process.

National and Official Languages of India

Concept of National Language

  • Definition and Significance
    • A national language is one that is widely spoken and accepted in the social, cultural, and political life of a country.
    • It is seen as a symbol of national identity and unity, facilitating cultural and national cohesion.
  • Debate on Designating a National Language in India
    • India does not have any designated national language by law.
    • Historical debates in the Constituent Assembly centered on the question of declaring Hindi as the national language.
    • Fears were expressed in diverse regions that one language could marginalize others, particularly in linguistically diverse areas like South India and the Northeast.
  • Implications of a National Language
    • Imposing a single national language might:
      • Risk reducing the status or survival of other languages.
      • Potentially affect constitutional guarantees given to linguistic minorities.
      • Hinder educational and developmental processes, as learning is most effective in one’s mother tongue.
    • The National Education Policy 2020 emphasizes the use of the mother tongue in early education, reflecting the value placed on linguistic diversity rather than a single national language.
  • English as a Common Facilitator
    • English functions effectively as a medium of inter-state communication in India, bypassing the friction that could arise from promoting one indigenous language.

Official Language: Provisions and Function

  • Definition and Practical Need
    • An official language is the medium of communication used by the government in administration, judiciary, and legislative functions.
    • It is crucial for ensuring administrative uniformity and providing a clear channel for communication between the state and its citizens.
  • Constitutional Provisions in the Union Context
    • As per Article 343(1), Hindi in the Devanagari script is declared the official language of the Union.
    • Article 343(2) initially provided for the continued use of English for a period of 15 years.
    • Following protests and debates, the Official Languages Act, 1963 extended the use of English alongside Hindi indefinitely.
    • This dual-language policy ensures that both Hindi and English are used in official communications and legislative processes.
  • State-Level Provisions
    • Article 345 allows state legislatures to adopt one or more languages for conducting day-to-day business.
    • States have the freedom to choose an official language for administrative and legislative purposes.
    • In judicial matters, while the Supreme Court and High Courts predominantly use English, states may permit the use of Hindi or other regional languages in their high courts with the President’s consent.
  • Promotion and Protection of Linguistic Diversity
    • Article 344 mandates the formation of a commission to promote the use of Hindi and ensure that the interests of non-Hindi speaking regions are not compromised.
    • The commission consists of representatives from diverse language communities and provides recommendations on language promotion and the judicious use of English.
    • The commission’s role is especially significant in reconciling the dual objectives of promoting Hindi as a unifying language while safeguarding the interests and cultural identities of linguistic minorities.

Other Constitutional Directives Related to Language

  • Special Provisions for Linguistic Minorities
    • Article 350 outlines that every individual has the right to make representations in the language used in the Union or the state, ensuring that language does not become a barrier in accessing government services.
    • Article 350A mandates that states facilitate education in the mother tongue for children belonging to linguistic minority communities at the primary level.
  • Appointment of a Special Officer
    • Under Article 350B, the President appoints a special officer for linguistic minorities.
    • This officer is responsible for monitoring and reporting on the status and challenges faced by linguistic minorities, ensuring that their constitutional rights are upheld.
  • Impact and Practical Outcomes
    • The inclusion of languages in Schedule Eight of the Constitution seeks to promote literary translation, linguistic representation in Parliament, and access to examinations in those languages.
    • However, the method of inclusion has also led to debates regarding unequal treatment and recognition of India’s vast linguistic diversity.

Topic to be Discussed in the Next Class

  • Examination of electoral reforms and their impact on India’s democracy
  • Comparative analysis of India’s constitutional framework with other countries constitutions