1. The J & K cabinet led by Chief Minister Umar Abdullah passed a resolution calling for the restoration of the statehood to the Union territory. However, the opposition party criticised the move as the resolution did not take into account the restoration of article 370, giving special status to J & K.
2. It should be noted that on 5th August 2019, the Union Government abrogated article 370 and thus, snatched away the special status accorded to it by the constitution of India. In addition, the province of J & K was split into two union territories of J & K with legislative assembly and Ladakh with no legislative assembly.
3. J & K lieutenant Governor Shri Manoj Sinha has cleared the resolution passed by the Umar Abdullah cabinet urging the centre to restore the statehood to the Union Territory.
4. The official statement said that the restoration of statehood will be the beginning of a healing process, reclaiming the constitutional rights and protecting the identity of the J & K.
5. The cabinet has authorised the chief minister to take up the matter with the Prime Minister and Government of India for the status of statehood. It has been learnt that the newly elected Chief Minister Umar Abdullah would be proceeding to New Delhi in the coming days to meet the Prime Minister and Union Ministers in this regard.
6. The downgrading of a state into a Union Territory was the first example in independent India. There are many examples when union territories were upgraded to statehood like Himachal Pradesh, Mizoram, Manipur, Tripura, Goa, Arunachal Pradesh. The contention of the Union Government was that the special status of J & K and downgrading of the state to union territory was done to control separatist forces in the valley. It was necessary to check Pakistani sponsored terrorist activities into the valley.
History of reorganisation of states and Union Territories in India
1. India is a vast country. It cannot be run from one centre. So to run the administration smoothly, the country has been divided administratively into different provinces.
2. In the Mauryan Period, there were four provincial centres headed by the scions of the royal family. These centres were Takshila near Peshawar Pakistan, Ujjayini (Malwa), Tosili (Odisha), Suvarngiri (Karnataka).
3. The Sultans of Delhi introduced the Iqta system headed by Mukti or Wali. Later on, these Iqtas became provinces. During the period of Allauddin Khilji, provinces of Bengal, Bihar, Punjab, Badaun (UP), Gujarat, Malwa and Deccan came into existence.
4. During the Mughal Period, there were 15 provinces during the regime of Emperor Akbar, which increased to 21 during the period of Aurangzeb when he annexed Bijapur, Golkonda, Assam. During the Mughal Period prominent provinces were : Delhi, Agra, Lahore, Bengal, Gujarat Deccan, Bihar, Multan, Malwa, Awadh and Kabul.
5. During the British Period, India was divided into British India directly controlled by the British Government and Princely states indirectly controlled by it. In British India, there were 12 provinces called Bengal Presidency, Bombay Presidency, Madras Presidency, United Provinces, Punjab, Bihar, Odisha, Central Provinces and Berar, Assam, North West Frontier Province, Sindh, Balochistan, Ajmer-Merwara. Important Princely states were Hyderabad, Kashmir, Mysore, Baroda, Travancore, Bhopal.
6. After independence there was sharp demand from the Southern States to reorganise states on the basis of language. The union government appointed S K Dhar and later on the J V P (Jawaharlal Nehru, Vallabh Bhai Patel, Pattabhi Sitaramayya) committee. Both committees rejected the reorganisation of states on linguistic basis.
After the annexation of Princely States into India, the territory of India was reorganised into four categories in 1950.
Part A : Assam, Bihar, Bombay, Madhya Pradesh, Madras, Odisha, Punjab, United Province, West Bengal.
Part B : Hyderabad, J & K, Madhya Bharat, Mysore, Patiala and East Punjab, Rajasthan, Saurashtra, Travancore and Cochin, Vindhya Pradesh.
Part C : Ajmer, Bhopal, Bilaspur, Cooch Behar, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura.
Part D : Andaman & Nicobar island.
7. In 1953, the Union Government was forced to reorganise Andhra Pradesh by carving out the Madras Presidency for Telugu speaking people on account of the death of P Sriramulu of 56 days long hunger strike.
8. The union Government appointed the Fasal Ali commission consisting of Justice Fazal Ali as chairman , K M Panikar and H N Kunzru as its members. On the basis of the recommendation of the commission, 14 states and 6 UTs were reorganised on 1st November 1956. These states were Andhra Pradesh, Assam, Bihar, J & K, Kerala, Madhya Pradesh, Madras, Mysore, Odisha, Punjab, Rajasthan, Uttar Pradesh, West Bengal. Six Union Territories were Andaman & Nicobar Islands, Delhi, Himachal Pradesh, Lakshadweep , Manipur, Tripura. Thus, the distinction between Part A and Part B states was removed. Part C states were abolished. Some of them were merged with adjoining states while others were made Union Territories. For example, Ajmer was merged with Rajasthan, Bhopal with Madhya Pradesh, Bilaspur with Himachal Pradesh, Cooch Behar with West Bengal, Coorg with Karnataka, Kutch with Gujarat. While Delhi, Himachal Pradesh, Manipur, Tripura were made Union Territories because of their strategic locations. Similarly, Part B state of Hyderabad was merged with Andhra Pradesh, Madhya Bharat with Madhya Pradesh, Mysore with Karnataka, Patiala and East Punjab with the Punjab Province, Saurashtra with Gujarat, Travancore Cochin was merged with a new state Kerala, Malabar District of Madras and Kasargod district of South Canara were merged with Kerala.
9.In 1960, the Bombay province was divided into Marathi speaking Maharashtra and Gujarati speaking Gujarat State.
10. Dadra & Nagar Haveli were liberated in 1954 from Portuguese control. It was made an Union Territory in 1961. In 2020, this Union Territory was merged with Daman & Diu.
11. The Portuguese enclave of Goa, Daman & Diu were liberated in 1961. It was made a Union Territory in 1962. In 1987, Goa got statehood.
12. The French Government handed over its enclave of Puducherry, Karaikal, Mahe and Yanam in 1954. In 1962, it was made a union territory. In 1963, Nagaland was carved out from Assam to make it a separate state. In 1966, Punjab Province was divided into Punjabi Speaking Punjab and Hindi Speaking Haryana. Chandigarh was made the joint capital of both the states.
13. In 1972, Union Territories of Manipur, Tripura and Sub State of Meghalaya got statehood while Mizoram and Arunachal Pradesh accorded the status of Union Territories. These two union territories became full states in 1987.
14. Sikkim became the 22nd state of India in 1975. In 2000, three states came into existence. Uttarakhand was carved out from Uttar Pradesh, Jharkhand from Bihar and Chhattisgarh from Madhya Pradesh.
15. In 2014, Telangana was carved out from Andhra Pradesh. In 2019, J & K lost its statehood and was downgraded to UT. A separate Union Territory of Ladakh was carved out from J & K.
16.Thus, as of now there are 28 states and 8 Union territories in India.
Causes for the demands of new States in India after Independence
1.Linguistic and Cultural identity - States like Andhra Pradesh, Gujarat, Maharashtra, Haryana were carved out to meet the linguistic and cultural identity of the people.
2. Ethnic affinity - States like Nagaland, Arunachal Pradesh, Mizoram, Manipur, Meghalaya, Tripura were made to meet the aspirations of different ethnic communities. The Bodo people of Assam are agitating for separate Bodo land to preserve their ethnic identity.
3. Economic disparities - States like Uttrakhand, Chhattisgarh, Telangana were created to undo the economic disparities in those regions. People of Vidarbha (Maharashtra), Eastern UP, Mithalanchal in Bihar are agitating for separate statehood because of the economic regional disparities.
4. Tribal identity - States like Jharkhand and Chhattisgarh were created to meet the aspirations of tribals of those regions where they constitute a large number. The people of Gorkhaland have been agitating for separate statehood to preserve their cultural identity.
5. Administrative Efficiency - When a state is very big, it becomes difficult to administer efficiently. That’s why, there is a demand to bifurcate UP in four parts and Rajasthan in two parts.
Difference between States and Union Territories
1. Under our constitution, states have got a separate division of power under schedule VII of our constitution. While state assemblies can make laws on subjects listed in State and concurrent list, the Union Parliament can make laws on the subjects included in the Union List.
Union Territories are directly governed by the Central Government through an Administrator or lieutenant Governor. Delhi, Puducherry and J & K have legislative assemblies but their legislative power is limited when compared to states. For example, the central Government has exclusive jurisdiction in matters relating to land, public order and police in the Union Territory of Delhi. Similarly, In J & K, the central Government has exclusive jurisdiction over security , police and public order.
2. Except Delhi, Jammu & Kashmir and Puducherry, other Union Territories have no right to send MPs to Rajya Sabha like States.
3. States have authority to collect certain taxes and receive a share of central taxes based on the recommendation of the finance commission. On the other hand Union Territories are generally more financially dependent upon the central Government.
4. Heads of the states are Governor while head of UTs is the President of India who governs UTs through Lieutenant Governors or Administrators.
Constitutional Provision
1.According to Article 1 of our constitution, India, that is, Bharat, shall be a union of states. The term union implies that no state has the right to secede from the Union. Nor Union has been made by the agreements among different units (states). The term federation was deliberately not applied in our constitution. Thus, the Union Government is indestructible made of destructible states. Unlike the US, the Parliament is authorised under article 3 to form a new state by separation of territories from any state by uniting two or more states or parts of states or by uniting any territory to a part of any state. The Parliament has power to increase the area of any state, diminish the area of any state and alter the boundaries of any state or alter the name of any state. The changes in the composition of the state can be made by a simple legislation process, It has not to go through constitutional amendment process under article 368.
Article 3 lays down two conditions in this regard.
A bill contemplating any above changes can be introduced in Parliament only with the prior recommendation of the President.
The President has to refer the same to the state legislature for expressing its views for the specified period. According to the 18th constitutional amendment Act,1966, the Parliament has been empowered to form a new state or Union Territory by uniting a part of any state. The President is not bound by the views of the state legislature or may either accept or reject them. Thus, Parliament is authorised to redraw the political map according to its will. The union Government can destroy the state or UT while states or union territory cannot destroy the Union. In the USA, the territorial integrity of States is guaranteed by the constitution and so no alteration or changes in the composition of states can take place without the consent of the concerned states.
However, Parliament cannot cede any territory of India to any foreign country after the constitutional amendment under article 368.
Way Out
1. The Government has launched several measures to address regional disparities in India. It has started a special area development programme, providing incentives to promote investment in backward areas. Major financial institutions are providing concessional finance to backward areas. The Central Government is giving income tax concession, transport subsidy and investment subsidy to the entrepreneurs, and employment opportunities to people below poverty line, especially SCs/STs in backward regions. Government has instituted backward regions grant funds to meet rural infrastructure needs. Similarly, the North Eastern region is being given top priority to accelerate development there. However, in spite of the efforts of the Government since the First five year plan, the regional disparities could not be reduced. There is a huge disparity between Northern and Southern Regions. Similarly, there is a big disparity between the different parts of a state. This causes resentment and clamour for separate statehood. Similarly, tribal councils under Fifth and Sixth schedule should be strengthened so that tribals are connected with the mainstream of the administration. However, the one state-one language formula must be discouraged. The future states must be carved out taking into account administrative efficiency, cultural homogeneity and emotional bonding of the people of a particular region.
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