West Bengal WBPSC WBCS Police GK

▪︎UNION and ITS TERRITORIES.

📌 ARTICLE 4

🔸️ Article 4 itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.

🔸️ This means that such laws can be passed by a simple majority and by the ordinary legislative process.

▪︎UNION and ITS TERRITORIES.

📌 PARLIAMENT’S POWER TO REORGANISE THE STATES. (ARTICLE - 3)

🔸️ Article 3 authorises the Parliament to:

(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state;

(b) increase the area of any state;

(c) diminish the area of any state;

(d) alter the boundaries of any state; and

(e) alter the name of any state.

🔸️ However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President;

🔸️ and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.

▪︎UNION and ITS TERRITORIES

📌 ARTICLE 2

🔸️ Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’.

🔸️ Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states.

🔸️ The first refers to the admission of
states which are already in existence, while the second refers to the establishment of states which were not in existence before.

▪︎UNION and ITS TERRITORIES.

📌 ARTICLE 1

🔸️ According to Article 1, the territory of India can be classified into three categories :-

1. Territories of the states.

2. Union territories.

3. Territories that may be acquired by the Government of India at any time.

🔸️ The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution.

📌 UNION OF STATES.

#Unionanditsterritories

🔸️ Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

🔸️ This provision deals with two
things: one, name of the country; and two, type of polity. There was no unanimity in the Constituent Assembly with regard to the name of the country.

🔸️ Some members suggested the
traditional name (Bharat), while other advocated the modern name (India). Hence, the Constituent Assembly had to adopt a mix of both (‘India, that is, Bharat’)

🔸️ Secondly, the country is described as ‘Union’ although its Constitution is federal in structure.

🔸️ According to Dr. B.R. Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:

• one, the Indian Federation is not the result of an agreement among the states like the American Federation;

• and two, the states have no right to secede from the federation. The federation is an Union because it is indestructible.

✏️ DEMOCRATIC DECENTRALISATION IN URBAN AREAS

#Salientfeaturesofconstitution

🔶 India, like many other developing countries, has been experiencing rapid growth in recent decades. India’s urban population, which was hardly 10 percent at the beginning of the 20th century, reached 26 percent in nine decades.

🔶 Municipal bodies like the panchayats are not functioning effectively as units of local government due to structural, functional and financial constraints.

🔶 From time to time many committees and commissions are appointed to suggest measures to revitalize them. Almost all committees recommended strengthening the Urban Local Bodies (ULBs).

🔶 To strengthen urban governance, parliament enacted 74th Constitutional Amendment Act 1992. This Act provided constitutional recognition is a milestone in the history of Urban Local Bodies.

✏️73rd AMENDMENT ACT

#Salientfeaturesofconstitution

🔶 The 73rd Constitutional Amendment Act was passed by the Parliament in April 1993. The Amendment provided a Constitutional status to the Panchayati Raj Institutions in India through insertion of Article 243 to Part IX of Indian Constitution.

🔶 The Act was enforced upon all the state governments through Constitutional Amendment in Article 243 M, that all states should amend their Panchayat Acts in conformity with the Constitutional provisions.

🔶 It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level"

✏️ DEMOCRATIC DECENTRALISATION IN RULAR AREAS

#Salientfeaturesofconstitution

🔶After independence, rural development forms the crux of India’s development strategy.

🔶Rural development programmes aim at the improvement of the living standards of the rural poor by providing them opportunities for the optimum utilization of their potential through active participation in the development process.

🔶 In order to improve the participation of rural people in the process of development and involvement in decision -making and decentralized planning,the government of India has made 73rd Constitutional Amendment in 1992 to provide constitutional recognition to Panchayati Raj Institutions.

✏️DECENTRALISATION IN INDIA

#Salientfeaturesofconstitution

🔶Decentralization can be defined as transfer or dispersal of decision making powers, accompanied by delegation of required authority to individuals or units at all levels of organization even if they are located far away from the power centre.

🔶 The most significant step in this regard was taken by the historic resolution of the Government of Lord Ripon in 1882. Lord Ripon was the first to initiate what may be called decentralization discourse during the colonial regime.

🔶 In India the Panchayati Raj Institutions can set an example for the world to emulate in the matter of democratic decentralization. On the first point of decentralization there are broadly three views.

✏️BASICS OF DIVISION /DEVOLUTION OF POWER

#Salientfeaturesofconstitution

🔶Decentralisation can be usefully understood as a political process whereby administrative authority, public resources and responsibilities are transferred from central government agencies to lower-level organs of government or to non -governmental bodies, such as community-based organisations (CBOs), ‘third party’ non-governmental organisations (NGOs) or private sector actors.

Conceptually, important distinctions can be made among:

🔶Deconcentration, in which political, administrative and fiscal responsibilities are transferred to lower units within central line ministries or agencies

🔶Devolution, in which sub-national units of government are either created
or strengthened in terms of political, administrative and fiscal power

🔶Delegation, in which responsibilities are transferred to organisations that are ‘outside the regular bureaucratic structure and are only indirectly controlled by the central government.

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