The Central authorities on August 5 did away with the
particular standing awarded to Jammu and Kashmir by abrogating sure provisions of Article 370 of the Indian Structure. The federal government additionally launched the Jammu and Kashmir Reorganisation Invoice within the Rajya Sabha, bifurcating the State into two Union Territories (UT) — Jammu and Kashmir, and Ladakh.
The UT of Jammu and Kashmir could have a legislature, just like Delhi and Puducherry, whereas the UT of Ladakh is not going to, mirroring UTs like Chandigarh and Daman and Diu.
However what are the variations between a State, a Union Territory with a legislature, and a Union Territory with out one?
States Reorganisation Invoice
To start with, the Structure ensures the Union authorities powers to type a State, improve or lower the realm of any State, and alter the boundaries or identify of any State — as given in Article 3.
On the time of Independence, there was an abundance of princely states and former British India provinces needing to be coalesced collectively. The Indian Structure that got here into power in 1950 went a step additional, recognising 4 completely different classes of territories in Schedule 1.
Half A comprised former British India provinces, having a Governor and a legislature. Half B comprised former princely states, ruled by a ‘rajpramukh’ whereas Half C was a mixture of princely states and Chief Commissioner’s provinces, being ruled by a Chief Commissioner. The directors of all three classes had been appointed by the President.
Half D comprised the lone territory of Andaman and Nicobar Islands, which had a Lieutenant Governor appointed by the Central Authorities. It was Half D that may go on to type the idea for the creation of Union Territories.
From this territorial tangle, the States Reorganisation Act of 1956 carved out 14 States and 6 Union Territories, three of which had been ultimately grew to become States — Manipur, Tripura and Himachal Pradesh.
Why Union Territories?
States Reorganisation Fee , which supplied the report the States Reorganisation Invoice was primarily based on, urged the creation of Union Territories modelled on Half D. This class featured an space that was ruled immediately by the Central authorities.
Although the Fee was in favour of forming bigger States within the curiosity of governance, in addition they recognized territories that had been “economically unbalanced, financially weak and administratively and politically unstable”, and located that it was essential to have them centrally administered.
“In respect of such territories as additionally of any territory comprised throughout the territory of India however not specified on this Schedule, the Central Authorities has not solely full govt authority but in addition regulation-making energy,” the Fee wrote in its report.
The Fee additionally took inspiration from what it referred to as ‘main’ and ‘minor’ provinces that existed at “the shut of the eighteenth century” — the previous underneath the administration of Governors and Chief Commissioners, and the latter underneath the direct management of the Central Authorities.
The Chief Minister, the Lieutenant Governor and the steadiness of energy
The primary distinction between States and the Union Territories is the best way they’re administered.
A State is a unit unto itself, with elected representatives, and its personal authorities. They make the legislation, and in impact, run the State because the Central authorities runs the nation. As well as, a State additionally has a Governor, appointed by the President,
with powers equal to that of the President.
A UT, nonetheless, is run wholly by the Central Authorities by the Lieutenant Governor, as appointed by the President, making “laws for the peace, progress and good authorities” of those UTs.
A UT can have an elected authorities too, like within the case of Delhi, Puducherry, and extra not too long ago, the UT of Jammu and Kashmir, however the administrative powers on this case are tilted within the favour of the L-G.
Up to now solely three Union Territories — Andaman and Nicobar, Delhi and Puducherry — have Lt. Governors.
Jammu and Kashmir will quickly be a part of the order.