Polity And Governance One Year Current Affairs Set 3 (UPSC 2020)

Table of Contents

Topics to discuss

Merger of two union territories
Inner Line permit
Promotion of Hindi language
Sixth Schedule
Article 131
Inter state council
North east council

How many union territories in India have legislative assembly?

Two
Three
Four
Five

First schedule to the constitution

First schedule to the constitution specifies the territories that come under various states and Union territories
Amendment to the first comes is not recognized as amendment under article 368 of the constitution
It means laws can be passed by a simple majority and by ordinary legislative process
Changed provision with the merger
Article 240(1) of the Constitution allows the President to make regulations for certain UTs, including the UTs of Dadra and Nagar Haveli, and Daman and Diu. The Act amends the Article to replace these two UTs with the merged UT.
The First Schedule to the Representation of the People Act, 1950 provides one seat in Lok Sabha to each of the two UTs. The Act amends the Schedule to allocate two Lok Sabha seats to the merged UT.

Union territories in India

Andaman and Nicobar Islands
Jammu and Kashmir(Legislative assembly)
Chandigarh
Ladakh
Dadra & Nagar Haveli and Daman & Diu
Lakshadweep
Delhi(Legislative assembly)
Puducherry(Legislative assembly)

Which among the following states does not have Inner line permit?

1) Tripura
2) Arunachal Pradesh
3) Manipur
4) Mizoram

Inner Line Permit

It is a travel document that allows an Indian citizen to visit or stay in a state that is protected under the ILP system.
No Indian citizen can visit any of these states unless he or she belongs to that state, nor can he or she overstay beyond the period specified in the ILP
The system is in force today in four North eastern states — Arunachal Pradesh, Nagaland, Manipur and Mizoram
An ILP is issued by the state government concerned.
It can be obtained after applying either online or physically.
It states the dates of travel and also specifies the particular areas in the state which the ILP holder can travel to.
Foreigners need a Protected Area Permit (PAP) to visit tourist places which are different from Inner Line Permits needed by domestic tourists.

Background of ILP

The concept stems from the Bengal Eastern Frontier Regulation Act, 1873, where the British framed regulations restricting the entry and regulating the stay of outsiders in designated areas.
This was to protect the Crown’s own commercial interests by preventing “British subjects” (Indians) from trading within these regions.
In 1950, the Indian government replaced “British subjects” with “Citizen of India”

Constitutional basis for promoting Hindi language

Article 351: It shall be the duty of the Unionto promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India
Article 120 and 210 regarding language to be used in Parliament and state legislature respectively gives the option of transacting business in Hindi as well in English.
Article 343 states Hindi written in Devanagari script is to be the official language of the Union and gives power to parliament to decide by law, the languages to be used for official work
Article 344 provides for constitution of a parliamentary committee every 10 years to recommend to the President regarding progressive use of the Hindi language for the official purposes of the Union and restrictions on the use of English

Other Constitutional provisions with respect to languages

Article 29 gives every Indian the right to a distinct language, script & culture Article 30 provides for Right of minorities to establish and administer educational institutions for all minorities, whether based on religion or language
Article 350A: Facilities for instruction in mothertongue at primary stage
Article 350B: Special Officer for linguistic minorities

Three-language formula

It is commonly understood that the three languages referred to are Hindi, English and the regional language of the respective States.
Teaching of Hindi across the country was crystallised into a policy in an official document in National Policy on Education, 1968.
State has been following the two-language formula for many decades, under which only English and one regional language are compulsory in schools.

Which among the following schedule of the Indian Constitution has the provisions relating to the administration of the tribal areas ?

Third
Fourth
Fifth
Sixth

Sixth Schedule

Sixth Schedule contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram
Article 244 provides special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas.

Provisions related to sixth schedule

Autonomous districts: The tribal areas in these states have been constituted as autonomous districts, each of which has an autonomous district council and each autonomous region has a separate regional council consisting of 30 members. Currently, there are 10 such councils.
Legislative power: To make laws on certain specified matters like land, forests, village administration, inheritance of property, marriage and divorce, social customs and so on. These require assent of the governor.
Judicial power: The councils can constitute village councils or courts for trial of suits and cases between the tribes where the jurisdiction of high court over these suits and cases is specified by the governor.
Regulatory power: The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But such regulations require the assent of the governor.
Tax revenue collection: The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

Article 131

Article 131 of the Constitution talks about the original jurisdiction of the Supreme Court, where the apex court deals with any dispute between the Centre and a state; the Centre and a state on the one side and another state on the other side; and two or more states
A dispute to qualify under Article 131, it must involve a question of law or fact on which the existence of a legal right of the state or the Centre depends.
The original jurisdiction of the Supreme Court does not extend to:
Dispute on pre constitutional treaties, agreements and continues to be in operation Disputes relating to the use, distribution, or control of the water of any inter-state river;
Suits brought by private individuals against the government of India.

Inter State council

Article 263 of the constitution provides for the establishment of an Inter State Council It was set up on the recommendation of Sarkaria Commission by a Presidential Order in 1990
It is a recommendatory body on issues relating to inter-state, Centre–state and Centre–union territories relations. It aims at promoting coordination between them by examining, discussing and deliberating on such issues.
It is not a permanent constitutional body. It can be established ‘at any time’ if it appears to the President that the public interests would be served by its establishment

Organisational structure of Inter state council

Prime minister as the Chairman
Chief ministers of all the states
Chief ministers of union territories having legislative assemblies
Administrators of union territories not having legislative assemblies
Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister.

North Eastern Council

It is a statutory advisory body established under the North Eastern Council Act, 1971, as amended in 2002.
It is the nodal agency for economic and social development of 8 North Eastern Region States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura.

Structure of North east council

Ex-officio Chairman – Union Home Minister
Vice Chairman – Minister of State (Independent Charge), Ministry of DoNER
Members – Governors and Chief Ministers of all the eight States and 3 members nominated by President.