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Creation and Abolition of the Legislative Council’s Administration of Union Territories (UT)

Arunachal Pradesh is the state formed after amendments to Articles 239 and 240. THE SEVENTH AMENDMENT TO THE CONSTITUTION ACT OF 1956 establishes and abolishes Legislative Councils and administration of Union Territories (UT) and Legislative Assembly. The Constitution Ninth Amendment) Bill, 1956 (Bill No. 29 of 1956), passed as THE CONSTITUTION (Seventh Amendment) Act, 1956, had a Statement of Objects and Reasons. To execute the programme of state reorganisation, various modifications to the Constitution must be made with effect on October 1, 1956. This bill proposes to change these sections of the Constitution and certain others dealing with the High Courts and High Court Judges, the executive power of the Union and the States, and a few legislative lists.

More about the state formed after the amendment of Articles 239 and 240

Arunachal Pradesh is the state formed after amendments to Articles 239 and 240. In the Republic of India, Union Territory is a centrally governed province and is a form of administrative division. Union territories are federal regions controlled, in part or entirely, by the Union Government of India instead of Indian states, which have their governments. India presently has eight union territories. Due to various other reorganisations, only 6 union territories remained:

  •  Andaman and Nicobar Islands
  • Laccadive, Minicoy & Amindivi Islands (later renamed Lakshadweep)
  • Delhi
  •  Manipur
  •  Tripura
  •  Himachal Pradesh

Because of union territories, many critics have concluded that India is a semi-federal republic, with the central and state governments each having their legislative domains and territories. Because of their constitutional origin and evolution, India’s union territories enjoy special rights and status. The status of “union territory” may be conferred to an Indian sub-jurisdiction for reasons such as protecting indigenous cultures’ rights, avoiding political upheaval over governance issues, etc. These union territories may be converted to states for more effective administrative management in the future.

About Union Territory

Three union territories are represented in the Rajya Sabha, the upper chamber of the Indian Parliament. Delhi, Jammu & Kashmir, and Puducherry are also unique among union territories in that they each have their own locally elected legislative assembly and administration.

A union territory’s constitutional position is comparable to a state under Article 356’s perpetual president’s rule, with a few exceptions for union territories having legislative assemblies. The one-state was formed after the articles 239 and 240. According to Articles 239 and 240 (2), the president has supreme power in managing the affairs of all union territories save Chandigarh, NCT, and Puducherry, including the authority to overturn legislation passed by Parliament and the Indian Constitution. Articles 239 and 240 (2) authorise the implementation of tax haven rules in certain union territories to attract international money and investments to India rather than relying on overseas tax haven nations. Arunachal Pradesh is the state that was formed after the amendment of Articles 239 and 240.

Clause 3

Article 80 modifications are both formal and consequential. The territorial modifications and establishment of new states and Union territories proposed in Part II of the States Reorganisation Bill, 1956, need a full rewriting of the Fourth Schedule to the Constitution, which allocates seats in the Council of States to existing states. The current allocation is made based on each state’s population as determined by the 1941 census, and the number of seats allotted to each Part A and Part B State is determined by the formula, one seat per million for the first five million, and one seat for every additional two million or part thereof exceeding one million. It is suggested to alter seat distribution based on the most recent census statistics, using the same mechanism as previously.

Clause 4

 The dissolution of Part C States and the introduction of Union territory necessitates major amendments to Articles 81 and 82. The provision in article 81(1)(b) that “the States shall be divided, grouped, or formed into territorial constituencies” will no longer be applicable because, after reorganisation, each of the States will be large enough to be divided into several constituencies and will not be able to be grouped with other States for this purpose, or “formed” into a single territorial constituency. Clause (2) of Articles 81 and 82 will need to be integrated and altered to provide appropriate provisions for Union territory. Instead of revising the articles individually, it is suggested that they be revised and simplified. In addition, it is suggested in clause (1)(b) of the new article 81 to set a limit on the total number of representatives that Parliament may designate to Union territory.

Conclusion 

Arunachal Pradesh is the state formed after amendments to Articles 239 and 240. Union Territory is a type of administrative entity in the Republic of India. It is a centrally managed province. In contrast to Indian states, which have their governments, union territories are federal territories administered, in part or wholly, by the Union Government of India. THE SEVENTH AMENDMENT TO THE CONSTITUTION ACT OF 1956 deals with the formation and dissolution of Legislative Councils and the administration of Union Territories (UT). The Constitution Ninth Amendment) Bill, 1956 (Bill No. 29 of 1956), also known as THE CONSTITUTION (Seventh Amendment) Act, 1956, had a Statement of Objects and Reasons.

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