President's rule

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[hide]This article has multiple issues. Please help improve it or discuss these issues on the talk page. This article may require cleanup to meet Wikipedia's quality standards. The specific problem is: The article contains grave factual inaccuracies, does not cite any relevant source. (December 2012) This article needs additional citations for verification. (June 2012) President's Rule refers to Article 356 of the Constitution of India deals with the failure of the Constitutional machinery of anIndian state. In the event that government in a state is not able to function as per the Constitution, the state comes under the direct control of the central government, with executive authority exercised through the Governor instead of a Council of Ministers headed by an elected Chief Minister accountable to the state legislature. Article 356 is invoked if there has been failure of the constitutional machinery in any state of India. During President's Rule, the Governor has the authority to appoint retired civil servants or other administrators, to assist him. These advisors assume the functions of State's Council of Ministers.
Contents [hide] 1 Imposition of President's Rule 2 Instances of President's Rule 3 Criticism 4 Number of times the rule was imposed 5 See also 6 References 7 External links

Imposition of President's Rule[edit]

In practice president's rule has been imposed under different circumstances such as these:

State Legislature is unable to elect a leader as Chief Minister Breakdown of a coalition Elections postponed for unavoidable reasons

Most often, until the mid-1990s, it was imposed in states through abuse of the authority of Governors in collusion with the federal government. However, following a landmark judgment by the Supreme Court of India in March 1994, such abuse has been reduced drastically.

Instances of President's Rule[edit]

Indian State Date From Date To easons ! "omments

Andhra State

15 Nov 195

!9 "ar 1955

#oss of "a$orit%.

Andhra Pradesh

1& 'an 19()

1* +ec 19()

,rea- do.n of #a. / 0rder due to 'ai Andhra A1itation2 in P. 3. Narasimha 4ao5s tenure.

Andhra Pradesh

!& 6eb !*1

Political +eadloc- follo.in1 the resi1nation of 7hief "inister 8iran 8umar 4edd%and several others2 both from the 0n1oin1 9overnment and the Part% after the :ndian Parliament passed Andhra Pradesh 4eor1anisation ,ill meant to carve out a separate Telan1ana State.[1]

Arunachal Pradesh

) Nov 19(9

1& 'an 19&*

#oss of "a$orit% follo.in1 defections in a fluid political environment durin1 'anata part% rule at the 7entre.

Assam

1! +ec 19(9

5 +ec 19&*

5Assam A1itation5 a1ainst ille1al forei1n national sta%in1 in Assam started to ta-e roots under the leadership of the All Assam Students;<nion =AAS<>. The violence fuelled b% <nited #iberation 6ront of Asom =<#6A> resulted in brea- do.n of la. and order.

Assam

)* 'un 19&1

1) 'an 19&!

7on1ress =:> 1overnment led b% An.ara Taimur representin1 immi1rant minorities collapsed follo.in1 intensification of 5Assam A1itation5 a1ainst ille1al forei1n national sta%in1 in Assam.

Assam

19 "ar 19&!

!( 6eb 19&)

7on1ress =:> 1overnment led b% 8esab 9o1oi representin1 ethnic Asom people collapsed follo.in1 continued violence in Assam.

Indian State

Date From

Date To

easons ! "omments

Assam

!& Nov 199*

)* 'un 1991

9ovt. dismissed in spite of A9P 7" "r. Prafulla "ahanta en$o%in1 ma$orit% support in Assembl%. The dismissal .as tri11ered apparentl% b% the threat to internal securit% due to banned or1anisation <#6A5s activities. +urin1 President5s rule2 0peration ,a$ran1 .as launched to flush out <#6A militants.

,ihar

!9 'un 19?&

!? 6eb 19?9

#oss of "a$orit% follo.in1 defections in a fluid political environment.

,ihar

'ul 19?9

1? 6eb 19(*

#oss of "a$orit% follo.in1 defections in a fluid political environment due to split in rulin1 7on1ress part%

,ihar

9 'an 19(!

19 "ar 19(!

#oss of "a$orit% follo.in1 defections in a fluid political environment.

,ihar

)* Apr 19((

! 'un 19((

9overnment dismissed in spite of +r. 'a1annath "ishra en$o%in1 ma$orit% support in Assembl%

,ihar

1( 6eb 19&*

& 'un 19&*

9overnment dismissed in spite of "r. 4am Sundar +as en$o%in1 ma$orit% support in Assembl%

,ihar

!& "ar 1995

5 Apr 1995

President;s rule imposed for a brief period of one .ee- to facilitate passa1e of vote on account =to permit da% to da% 1overnment e@penses in ,ihar> b% Parliament .hile a.aitin1 the results of Assembl% elections held durin1 the 7hief "inistership of "r #aloo Prasad.

,ihar

1! 6eb 1999

9 "ar 1999

,rea-do.n of la. and order2 -illin1s of 11 +alits at Nara%anpur. The 3a$pa%ee 9overnment2 revo-ed President;s rule .ithin !? da%s since the coalition did not have a ma$orit% in the 4a$%a Sabha.

,ihar

( "ar !**5

! Nov :ndecisive outcome of elections. !**5

Indian State

Date From

Date To

easons ! "omments

+elhi

1 Arvind 8e$ri.al resi1ned as 7hief "inister after failin1 to table 6ebruar% 0n1oin1 the 'an #o-pal ,ill in the +elhi Assembl%. !*1

+elhi

*& +ec !*1)

!& +ec !*1)

No part% came for.ard to form the 1overnment until Arvind 8e$ri.al too- over as+elhi 7hief "inister

+elhi

195?

199)

+elhi ceased to e@ist as a state2 became a <nion Territor%.

9oa

! +ec 19??

5 Apr 19?(

The <nion Territor% of 9oa5s Assembl% .as dissolved to conduct an opinion poll to determine .hether 9oa should be mer1ed .ith "aharashtra.

9oa

!( Apr 19(9

1? 'an 19&*

#oss of ma$orit% follo.in1 split in the rulin1 "9P Part%

9oa

1 +ec 199*

!5 'an 1991

7.". resi1ned conseAuent upon his disAualification b% Bi1h 7ourt C No other 9overnment found viable

9oa

9 6eb 1999

9 'un 1999

#oss of ma$orit% and no alternate claimant to form ne@t 1overnment

9oa

"ar !**5

( 'un !**5

9overnment dismissed after controversial confidence vote secured in the Assembl% b% 7" Pratap Sinh 4ane

9u$arat

1! "a% 19(1

1( "ar 19(!

#oss of "a$orit% follo.in1 vertical split in 7on1ress durin1 19?9 presidential election

9u$arat

9 6eb 19(

1& 'un 19(5

7himanbhai Patel led 7on1ress 1overnment resi1ned due to Navnirman "ovement AntiC7orruption protests. The protesters forced "#A5s resi1nations2 forcin1 dissolution of assembl%.

Indian State

Date From

Date To

easons ! "omments

9u$arat

1! "ar 19(?

! +ec 19(?

DNonCPassa1eD of bud1et leadin1 to collapse of 1overnment

9u$arat

1( 6eb 19&*

& 'un 19&*

9overnment dismissed in spite of ,abubhai ' Patel en$o%in1 ma$orit% support in the Assembl%

9u$arat

19 Sep 199?

!) 0ct 199?

9overnment dismissed follo.in1 a controversial confidence vote. The Assembl% .as placed in suspended animation2 .hich led to subseAuent installation of 3a1hela 1overnment2 supported b% 7on1ress

Bar%ana

! Nov 19?(

!! "a% 9overnment dismissed in spite of havin1 a tenuous ma$orit%. 19?&

Bar%ana

)* Apr 19((

!1 'un 19((

9overnment dismissed in spite of , + 9upta en$o%in1 ma$orit% support in Assembl%

Bar%ana

? Apr 1991

!) 'ul 1991

4ebellion in the rulin1 part%

Bimachal Pradesh

)* Apr 19((

!! 'un 19((

9overnment dismissed in spite of Tha-ur 4am #al en$o%in1 ma$orit% support in Assembl%

Bimachal Pradesh

15 +ec 199!

) +ec 199)

9overnment dismissed in the aftermath of the destruction of ,abri "as$idC4am 'anmasthan in <ttar Pradesh.

'ammu and 8ashmir

!? "ar 19((

9 'ul 19((

Shei-h Abdullah led National 7onference 1overnment bo.ed out after bein1 reduced to a minorit% follo.in1 .ithdra.al of support b% the 7on1ress Part%

'ammu and 8ashmir

? "ar 19&?

( Nov 19&?

#oss of ma$orit%

Indian State

Date From

Date To

easons ! "omments

'ammu and 8ashmir

19 'an 199*

9 0ct 199?

:nsur1enc% and brea- do.n of la. and order.

'ammu and 8ashmir

1& 0ct !**!

! Nov !**!

:ndecisive outcome of elections.

'ammu and 8ashmir

11 'ul !**&

5 'an !**9

#oss of ma$orit% follo.in1 collapse of coalition. 7" 9ulam Nabi AEad5s decision to transfer land for Amarnath pil1rima1e led to P+P pullin1 out of coalation 9ovt.

'har-hand

19 'an !**9

!9 +ec !**9

#oss of "a$orit%

'har-hand

1 'un !*1*

11 Sep !*1*

#oss of "a$orit%

'har-hand

1& 'an !*1)

1! 'ul% !*1)

#oss of "a$orit%. ,'P5s rulin1 coalition partner '"" .ithdre. its support to the 1overnment pushin1 it into a minorit%. 7hief "inister Ar$un "unda resi1ned and sou1ht dissolution of the state Assembl%.[!]

8arnata-a

19 "ar 19(1

!* "ar 19(!

#oss of "a$orit%

8arnata-a

)1 +ec 19((

!& 6eb 19(&

9overnment dismissed in spite of 7on1ress 7" +evra$ <rs en$o%in1 ma$orit% support in Assembl%

8arnata-a

!1 Apr 19&9

#oss of ma$orit% of 7" S. 4. ,ommai2 follo.ed b% dissolution of Assembl%. 0n an appeal b% "r. S. 4. ,ommai2 in a landmar$ud1ement delivered in 199 2 the :ndian Supreme 7ourt laid out )* Nov the procedure to be follo.ed before dissolvin1 an elected 19&9 assembl%. The historic rulin1 in this case reduced the scope for misuse of Article )5? b% future central 1overnments and 1overnors.

Indian State

Date From

Date To

easons ! "omments

8arnata-a

1* 0ct 199*

1( 0ct 199*

9overnment of 3eerendra Patil dismissed b% Prime "inister 4a$iv 9andhi and state .as placed under President5s rule .ith the assembl% placed in suspended animation until ne@t chief "inister .as elected

8arnata-a

9 0ct !**(

11 Nov #oss of ma$orit% !**(

8arnata-a

!* Nov !**(

!( "a% #oss of ma$orit% !**&

8erala=Travancore !) "ar C7ochin> 195?

5 Apr 195(

#oss of ma$orit% follo.in1 split in 7on1ress Part%

8erala

)1 'ul 1959

!! 6eb 19?*

9overnment dismissed in spite of 7ommunist 7" F"S Namboodiripad en$o%in1 ma$orit% support in Assembl%

8erala

1* Sep 19?

? "ar 19?(

#oss of ma$orit% follo.ed b% indecisive outcome of elections

8erala

1 Au1 19(*

0ct 19(*

#oss of ma$orit%

8erala

1 +ec 19(9

!5 'an 19&*

#oss of ma$orit%

"adh%a Pradesh

!9 Apr 19((

!5 'un 19((

9overnment dismissed in spite of Sh%ama 7haran Shu-la en$o%in1 ma$orit% support in Assembl%

"adh%a Pradesh

1& 6eb 19&*

& 'un 19&*

9ovt. dismissed in spite of "r. Sundar #al Pat.a en$o%in1 ma$orit% support in Assembl%

"adh%a Pradesh

15 +ec

( +ec

9ovt. dismissed in the aftermath of ,abri "as$idC4am

Indian State

Date From

Date To

easons ! "omments

199!

199)

'anmasthan destruction in <ttar Pradesh.

"aharashtra

1( 6eb 19&*

& 'un 19&*

9ovt. dismissed in spite of "r. Sharad Pa.ar en$o%in1 ma$orit% support in the Assembl%

"anipur

1! 'an 19?(

19 "ar 19?(

6irst Flections to "anipur <nion Territor% Assembl% held.

"anipur

!5 0ct 19?(

1& 6eb 19?&

Short lived ministr% collapsed follo.in1 resi1nation of spea-er2 resultin1 in neither rulin1 nor opposition con1ress havin1 a clear ma$orit% in the assembl%. Assembl% -ept in suspended animation.

"anipur

1( 0ct 19?9

!! "ar 19(!

3iolent secessionist insur1enc% and statehood demands resulted in brea-do.n of la. and order

"anipur

!& "ar 19()

) "ar 19(

President5s rule .as imposed even thou1h the opposition had a DtenuousD ma$orit% and could have formed a 1overnment

"anipur

1? "a% 19((

!& 'un 19((

7ollapse of 9overnment follo.in1 defections

"anipur

1 Nov 19(9

1) 'an 19&*

+iscontent .ithin 'anata Part% 9overnment and corruption char1es led to dismissal of 1overnment and dissolution of Assembl%.

"anipur

!& 6eb 19&1

1& 'un 19&1

:ncumbent 9overnment fell follo.in1 defections. 9overnor did not permit an alternate 1overnment to be formed b% People5s +emocratic 6ront on the basis of his assessment re1ardin1 stabilit% of the proposed ministr%.

"anipur

( 'an 199!

( Apr 199!

:ncumbent coalition 9overnment fell follo.in1 defections. President5s rule imposed -eepin1 assembl% in suspension.

Indian State

Date From

Date To

easons ! "omments

"anipur

)1 +ec 199)

1) +ec 199

1*** persons died in Na1aC8u-i clashes and continued violence

"anipur

! 'un !**1

? "ar !**!

#oss of ma$orit%

"e1hala%a

11 0ct 1991

5 6eb 199!

The 7entre imposed President5s 4ule in "e1hala%a in the .a-e of a political crisis after the then Spea-er P4 8%ndiah suspended five "#As2 mostl% independents2 on 1rounds of defection. See more at:http:GG....merine.s.comGarticleGme1hala%aCclampedC underCpresidentsCruleG15(5!?(1.shtmlHsthash.l+!4cimi.dpuf

"e1hala%a

1& "ar !**9

1! "a% 9overnment dismissed after controversial confidence vote !**9 secured in the Assembl% b% 7" +on-upar 4o%

"iEoram

11 "a% 19((

1 'un 19(&

"iEo <nion "inistr% led b% 7hief "inister 7hhun1a resi1ned in "a% 19((2 ostensibl% to facilitate the pro1ress of peace tal-s. see #ost 0pportunities: 5* Iears of :nsur1enc% in the NorthCeast and :ndia5s 4esponse2 ,% S. P. Sinha2 Pa1e 95

"iEoram

1* Nov 19(&

& "a% 19(9

7hief "inister Sailo5s refusal to 1rant undue favours caused dissension in his part% .hich led to the fall of his 1overnment and imposition of President5s rule. see #ost 0pportunities: 5* Iears of :nsur1enc% in the NorthCeast and :ndia5s 4esponse2 ,% S. P. Sinha2 Pa1e 9?C9(

"iEoram

( Sep 19&&

! 'an 19&9

+efections reduced the 9overnment to minorit%

Na1aland

!* "ar 19(5

!5 Nov +efections and counter defections led to imposition of 19(( President5s rule

Na1aland

( Au1 19&&

!5 'an 19&9

The state .as under a brief spell of central rule a1ain after the Bo-ishe SemaCled 7on1ress 1overnment .as reduced to a minorit%. The decision .as challen1ed in the Supreme 7ourt in held to be invalid in 199 .

Indian State

Date From

Date To

easons ! "omments

Na1aland

! Apr 199!

!! 6eb 199)

6luid part% position and deterioratin1 la. and order situation

Na1aland

) 'an !**&

1! "ar !**&

9overnment dismissed after controversial confidence vote secured in the Assembl% b% 7" Neiphiu 4io

0disha

!5 6eb 19?1

!) 'un 19?1

+r. Bare-rushna "ahtab led 7on1ressC9antantra Parishad "inorit% 9overnment resi1ned on the !1st 6ebruar%2 19?1 due to differences in the 7on1ress Part%. President;s 4ule .as imposed on !5 6ebruar% 19?1.

0disha

11 'an 19(1

) Apr 19(1

,rea-Cup of coalition

0disha

) "ar 19()

? "ar 19(

6acin1 imminent collapse of 1overnment2 incumbent chief minister recommended dissolution of assembl% and fresh elections.

0disha

1? +ec 19(?

!9 +ec 19(?

7hief "inister Nandini Sathpath% .as forced out and assembl% placed under suspended animation. A ne. 7on1ress 1overnment .as s.orn in after revocation of President5s 4ule.

0disha

)* Apr 19((

!? 'un 19((

9overnment dismissed in spite of ,ina%a- Achar%a en$o%in1 ma$orit% support in Assembl%

0disha

1( 6eb 19&*

9 'un 19&*

9overnment dismissed in spite of Nilamani 4outra% en$o%in1 ma$orit% support in Assembl%

PFPS<

5 "ar 195)

& "ar 195

President5s rule .as invo-ed in the erst.hile PFPS< =Patiala and Fast Pun$ab States <nion > State .hen the A-ali +al 1overnment2 led b% 9ian Sin1h 4are.ala2 .as dismissed

Puducherr%

1& Sep 19?&

1( "ar 19?9

Assembl% .as dissolved and President5s rule imposed as opposition parties had a chance to form a 1overnment after the

Indian State

Date From

Date To

easons ! "omments

fall of the 7on1ress 1overnment.

Puducherr%

) 'an 19(

? "ar 19(

Assembl% dissolved after fall of +"8 1overnment follo.in1 decision of t.o ministers to $oin ne.l% formed A+"8.

Puducherr%

!& "ar 19(

! 'ul 19((

6all of coalition 1overnment of A+"82 7on1ress=0>follo.in1 division of votes b% 7on1ress=4> and +"8. The Assembl% .as dissolved.

Puducherr%

1! Nov 19(&

1? 'an 19&*

Puducherr%

! 'un 19&)

1? "ar 19&5

9overnment dismissed follo.in1 .ithdra.al of 7on1ress=:> from coalition 1overnment. :n spite of incumbent chief minister as-in1 for an opportunit% to prove his ma$orit% on the floor of the house2 the assembl% .as dissolved.

Puducherr%

"ar 1991

) 'ul 1991

+"8 9overnment dismissed in spite of havin1 a ma$orit% in the Assembl%

Pun$ab

!* 'un 1951

1( Apr 195!

Pandit Nehru -ept the Pun$ab Assembl% in suspension for nine months and !& da%s to help the state 7on1ress 1overnment 1et its act to1ether.

Pun$ab

5 'ul 19??

1 Nov 19??

State administration .as ta-en over2 ostensibl% to facilitate bifurcation of Pun$ab state into t.o2 Pun$ab and Bar%ana

Pun$ab

!) Au1 19?&

1( 6eb 19?9

,rea-Cup of coalition

Pun$ab

1 'un 19(1

1( "ar 19(!

6ollo.in1 poor performance in "arch2 19(1 #o- Sabha Flections2 incumbent 7hief "inister advised dissolvin1 state assembl% and holdin1 fresh elections to state le1islature.

Indian State

Date From

Date To

easons ! "omments

Pun$ab

)* Apr 19((

!* 'un 19((

9overnment dismissed in spite of 9iani Jail Sin1h en$o%in1 ma$orit% support in Assembl%

Pun$ab

1( 6eb 19&*

? 'un 19&*

9overnment dismissed in spite of Par-ash Sin1h ,adal en$o%in1 ma$orit% support in Assembl%

Pun$ab

1* 0ct 19&)

!9 Sep 19&5

:nsur1enc% and brea-do.n of la. and order

Pun$ab

11 'un 19&(

!5 6eb 199!

:nsur1enc% and brea-do.n of la. and order

4a$asthan

1) "ar 19?(

!? Apr 19?(

:ndecisive outcome of elections

4a$asthan

!9 Apr 19((

!! 'un 19((

9overnment dismissed in spite of Bari +ev 'oshi en$o%in1 ma$orit% support in Assembl%

4a$asthan

1? 6eb 19&*

? 'un 19&*

9overnment dismissed in spite of ,hairon Sin1h She-ha.at en$o%in1 ma$orit% support in Assembl%

4a$asthan

15 +ec 199!

+ec 199)

9overnment dismissed in spite of ,hairon Sin1h She-ha.at en$o%in1 ma$orit% support in Assembl%

Si--im

1& Au1 19(&

1& 0ct 19(9

#oss of ma$orit% follo.in1 split in "r. 8aEi #hendup +or$i led 'anata Part% 1overnment. The central 1overnment imposed president5s rule and follo.ed up .ith electoral reforms before orderin1 fresh elections.

Si--im

!5 "a% 19&

& "ar 19&5

7on1ress 9overnment formed follo.in1 induced collapse of "r. Nar ,ahadur ,andari Si--im 'anata Parishad 9overnment .as dismissed as it did not en$o% a ma$orit% in the Assembl%.

Indian State

Date From

Date To

easons ! "omments

Tamil Nadu

)1 'an 19(?

)* 'un 19((

9overnment dismissed in spite of 8arunanidhi en$o%in1 ma$orit% support in Assembl%

Tamil Nadu

1( 6eb 19&*

? 'un 19&*

9overnment dismissed in spite of " 9 4amachandran en$o%in1 ma$orit% support in Assembl%

Tamil Nadu

)* 'an 19&&

!( 'an 19&9

9overnment dismissed after controversial confidence vote secured in the Assembl% b% 7" 'ana-i 4amachandran

Tamil Nadu

)* 'an 1991

! 'un 1991

9overnment headed b% "r. ". 8arunanidhi dismissed b% Prime "inister 7handrashe-har on char1es of supportin1 antiCnational activities2 in spite of the then 9overnor ,arnala5s report and en$o%in1 ma$orit% support in the Assembl%.

Tripura

1 Nov 19(1

!* "ar 19(!

:n the bac-drop of refu1ee influ@ due to ,an1ladesh #iberation Kar2 split in the 7on1ress and 7ommunist a1itation for Tripura to become a full fled1ed state2 President5s rule .as imposed. 0n 1 'anuar% 19(! Tripura became a State and assembl% elections held subseAuentl%.

Tripura

5 Nov 19((

5 'an 19(&

Tripura

11 "ar 199)

1* Apr 199)

Flections postponed from 15 6eb 199) to ) Apr 199) on account of deterioratin1 la. and order situation. 7areta-er 7" resi1ns.

<ttar Pradesh

!5 6eb 19?&

!? 6eb 19?9

#oss of ma$orit% follo.in1 .ithdra.al of support b% 7or1ress =4> led b% "s. :ndira 9andhi.

<ttar Pradesh

1 0ct 19(*

1& 0ct 19(*

7haran Sin1h "inistr% supported b% 7on1ress collapsed follo.in1 split in 7on1ress part%.

<ttar Pradesh

1! 'un

& Nov

7hief "inister resi1ned as a result of the 19() Provincial Armed

Indian State

Date From

Date To

easons ! "omments

19()

19()

7onstabular% revolt.

<ttar Pradesh

)* Nov 19(5

!1 'an 19(?

7on1ress 9overnment of B N ,ahu1una tendered resi1nation due to infi1htin1 .ithin the part%.

<ttar Pradesh

)* Apr 19((

!) 'un 19((

9overnment dismissed in spite of N + Ti.ari en$o%in1 ma$orit% support in Assembl%

<ttar Pradesh

1( 6eb 19&*

9 'un 19&*

9overnment dismissed in spite of ,anarasi +as en$o%in1 ma$orit% support in Assembl%

<ttar Pradesh

? +ec 199!

+ec 199)

9overnment dismissed in the aftermath of the destruction of ,abri "as$idC4am 'anmasthan

<ttar Pradesh

1& 0ct 1995

!1 "ar 199(

#oss of "a$orit% follo.in1 collapse of coaltion

<ttar Pradesh

& "ar !**!

! "a% !**!

:ndecisive outcome of elections.

3indh%a Pradesh

& Apr 19 9

1) "ar 195!

President5s rule .as imposed in the erst.hile 3ind%a Pradesh State .hen 7hief "inister resi1ned. President5s 4ule .as revo-ed follo.in1 independent :ndia5s first 1eneral elections.

Kest ,en1al

1 'ul 19?!

& 'ul 19?!

:nterim Period bet.een death of incumbent 7hief "inister and election of ne. leader.

Kest ,en1al

!* 6eb 19?&

!5 6eb 19?9

State placed under President5s rule follo.in1 collapse of t.o successive short lived coalition 1overnments.

Kest ,en1al

19 "ar 19(*

! Apr 19(1

7ollapse of <nited 6ront 7oalition bet.een ,an1la 7on1ress and 7P:=">

Indian State

Date From

Date To

easons ! "omments

Kest ,en1al

!& 'un 19(1

19 "ar 19(!

7ollapse of <nited 6ront 7oalition bet.een ,an1la 7on1ress and 7P:=">

Criticism[edit]
Article 356 gave wide powers to the central government to assert its authority over a state if civil unrest occurred and the state government did not have the means to end the unrest. This is one of the articles that gave the Indian constitution some amount of unitary character. Though the purpose of this article is to give more powers to central government to preserve the unity and integrity of the nation, it has often been misused [citation needed][3] by the ruling parties at the center. It has been used as a pretext to dissolve state governments ruled by political opponents.[citation needed][4] Thus, it is seen by many as a threat to the federal state system. Since the adoption of Indian constitution in 1950, the central government has used this article several times[5] to dissolve elected state governments and impose President's rule. The article was used for the first time in up 1957. It has also been used in the state of Patiala and East Punjab States union (PEPSU) and then during Vimochana samaram to dismiss the democratically elected Communist state government of Keralaon 31 July 1959. In the 1970s and 1980s it almost became common practice for the central government to dismiss state governments led by opposition parties.[citation needed] The Indira Gandhi regime and postemergency Janata Party were noted for this practice. Indira Gandhi's government between 1966 and 1977 is known to have imposed President' rule in 39 times in different states. Similarly Janta Dal which came to power after the emergency had issued President's rule in 9 states which were ruled by Congress. It is only after the landmark judgement in 1994 in the S. R. Bommai v. Union of India case that the misuse of Article 356 was curtailed. In this case, the Supreme Court established strict guidelines for imposing President's rule. Subsequent pronouncements by the Supreme Court in Jharkand and other states have further whetted down the scope for misuse of Article 356. Hence since the early 2000, the number of cases of imposition of President's rule has come down drastically. Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity. TheSarkaria Commission on central-state relations has

recommended that Article 356 must be used "very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state".[citation needed]

Number of times the rule was imposed[edit]

President's rule was imposed 125

times (This is according to the Instances of President's Rule).

See also[edit]

Federalism in India Part Eighteen of the Constitution of India Article 370 Sarkaria Commission

References[edit]
1. Jump up^

#SS$%

&resident's ule' (imits ! checks

A.9. N004AN: The la) on the imposition of &resident's ule, $rticle *+, of the "onstitution, has -een e.plained -y the Supreme "ourt in the S. . /ommai case.
TBF B:N+< A47B:3FS

I0 $& I( 1232, 4arnataka "hief 5inister S. . /ommai 6left7 presents 8overnor &.

9entakasu--iah a copy of the resolution passed -y the :anata Dal (egislature &arty requesting the 8overnor to give him an opportunity to test his ma;ority in the $ssem-ly. <e )as denied the opportunity and his government )as dismissed, and eventually the Supreme "ourt laid do)n in the /ommai case that any proclamation under $rticle *+, is su-;ect to ;udicial revie). TBF 9overnor of 8arnata-a2 B.4. ,hard.a$2 put the 9overnment of :ndia in a most embarrassin1 position b% recommendin1 imposition of President5s 4ule in the State. :n the process2 he e@posed2 once a1ain2 his unfitness for the office he holds. The re$ection of his recommendation means that his presti1e2 none too hi1h at an% time2 .ill suffer a terrible blo.. Bad the recommendation been accepted2 it .ould have landed not onl% the 9overnment of :ndia but also the President in a most embarrassin1 situation in the Supreme 7ourt. The court .ould be entitled to e@amine the material on the basis of .hich the 7ouncil of "inisters advised the President2 and the onus of $ustif%in1 the rec-less action .ould not be on the petitioners but on the <nion of :ndia. A nineCmember ,ench of the Supreme 7ourt definitel% construed the scope of Article )5? of the 7onstitution2 .hich empo.ers the imposition of President5s 4ule in the States2 in the famous case of S.4. ,ommai and others vs <nion of :ndia and others ==199 > ) Supreme 7ourt 7ases 1>. :t .ent be%ond State of 4a$asthan vs <nion of :ndia ==19((> ) S77 59!> on the scope of $udicial revie.. The President2 .ho is s.orn to uphold the 7onstitution and the la. of :ndia2 can be full% trusted to follo. this rulin1 .henever a draft proclamation imposin1 President5s 4ule in an% State is presented for hisGher si1nature b% the <nion 7ouncil of "inisters. The Prime "inister and the other "inisters2 .ho have also ta-en the oath to abide b% the 7onstitution2 .ould also appreciate the strin1ent conditions the court5s rulin1 in the ,ommai case has imposed for the e@ercise of po.er under Article )5?. The court decided the case on "arch 112 199 . ,ut the detailed implications of that rulin1 have %et to seep in. The rulin1 .as follo.ed b% a verdict b% a fiveCmember ,ench in the ,ihar case 4amesh.ar Prasad vs <nion of :ndia ==!**?> ) S77 1>. :n both cases2 the test of a vote b% the Assembl% in cases of disputed ma$orit% .as approved. :t must be borne in mind that the court5s rulin1 in the ,ommai case2 .hich remains definitive2 came in the .a-e of deep2 persistent public disAuiet on the abuse of Article )5?2 a fact that is no. universall% admitted. The commission on 7entreCState relations2 headed b% 'ustice 4.S. Sar-aria2 noted in its report2 submitted in 19&&2 the deep resentment that the abuse of this provision caused amon1 the States. The States .ere treated under the 7onstitution .ith less consideration and less respect than a municipalit%. The Supreme 7ourt ruled =in Ne. +elhi "unicipal 7ommittee vs <nion of :ndia> that a municipal bod% cannot be superseded2 .ithout notice = S.#. 8apoor vs 'a1mohan =19&*> S77 )(9>. The court said: LA committee so soon as it is constituted2 at once assumes a certain office and status2 is endo.ed .ith certain ri1hts and burdened .ith certain responsibilities2 all of a nature

commandin1 respectful re1ard from the public. To be stripped of the office and status2 to be deprived of the ri1hts2 to be removed from the responsibilities2 in an unceremonious .a% as to suffer in public esteem2 is certainl% to visit the committee .ith civil conseAuences. :n our opinion the status and office and the ri1hts and responsibilities to .hich .e have referred and the e@pectation of the committee to serve its full term of office .ould certainl% create sufficient interest in the municipal committee and their loss2 if superseded2 .ould entail civil conseAuences so as to $ustif% an insistence upon the observance of the principles of natural $ustice before an order of supersession is passed.M The order of supersession .as held to be Lvitiated b% the failure to observe the principles of natural $usticeM. The $ud1ment .as delivered on September 1&2 19&*. The N+"75s term .as to e@pire on 0ctober )2 19&*. The $ud1ment .as based on the principles of administrative la.2 .hich reAuire strict observance of the principles of natural $ustice for such e@ecutive action. The% appl% if a State 1overnment supersedes a municipal bod%. Should the% not appl% also if the 9overnment of :ndia ousts an elected State 1overnment and imposes direct 7entral rule throu1h a presidential proclamation under Article )5? of the 7onstitutionN :n an authoritative e@position in the 7onstituent Assembl% of :ndia on Au1ust 2 19 92 the 7hairman of the +raftin1 7ommittee2 +r ,.4. Ambed-ar2 said: L:f at all the% are brou1ht into operation2 : hope the President2 .ho is endo.ed .ith these po.ers2 .ill ta-e proper precautions before actuall% suspendin1 the administration of the provinces. : hope the first thin1 he .ill do .ould be to issue a mere .arnin1 to a Province that has erred2 that thin1s .ere not happenin1 in the .a% in .hich the% .ere intended to happen in the 7onstitution. :f that .arnin1 fails2 the second thin1 for him to do .ill be to order an election allo.in1 the people of the Province to settle matters b% themselves. :t is onl% .hen these t.o remedies fail that he .ould resort to this Article. :t is onl% in those circumstances he .ould resort to this ArticleM. = 7onstituent Assembl% +ebates: 3ol. i@2 pa1es 1(?C1((>. Stringent conditions The Supreme 7ourt5s rulin1 in the ,ommai case hi1hli1hted clearl% the man% and strin1ent conditions for the valid e@ercise of the po.er under Article )5?. The% are: =1> Khether conditions in fact e@ist ob$ectivel% .hich render it impossible to carr% on the 1overnance of the State in accordance .ith the provisions of the 7onstitutionO even so2 this po.er must be used sparin1l% and so as not to disturb the federal balance of po.er bet.een the <nion and States since federalism is part of the unamenable basic structure of the 7onstitution. =!> The State5s Assembl% must not be dissolved before both Bouses of Parliament have approved the proclamation made b% the President under Article )5?. =)> Fven after such approval it .ill be open to the courts to consider independentl% .hether in fact conditions so e@isted as to .arrant e@ercise of the po.er under Article

!!?O $udicial revie.2 .hich is also part of the basic structure of the 7onstitution2 is available in respect of Article )5?. :t can be e@ercised b% the Bi1h 7ourts and the Supreme 7ourt. 0nce a prima facie case is made out2 the burden of proof .ill lie on the 9overnment of :ndia to $ustif% the action. = > The court .ill be entitled to reAuisition the records from the 1overnment containin1 the material on the basis of .hich the 7ouncil of "inisters of the 9overnment of :ndia tendered the advice to the President. =5> The courts have the po.er to order an interim sta% on the e@ercise of po.er under Article )5?. =?> #astl%2 the courts have the po.er2 if the proclamation is struc- do.n as unconstitutional2 to order the revival of the dissolved State Assembl% and restoration of the dismissed State 1overnment. These si@ propositions emer1e ver% clearl% from the $ud1ments pronounced b% the nine $ud1es .ho sat on the Special ,ench that heard the case. Article )5? is based on Section 9) of the 9overnment of :ndia Act2 19)5. 0n Au1ust 1 2 19 (2 a da% before :ndia became independent2 the 9overnorC9eneral2 in e@ercise of his po.ers under Section & =!> of the :ndian :ndependence Act2 19 (2 made the :ndia =Provisional 7onstitution> 0rder2 19 (2 adaptin1 the Act of 19)5 .ith important modifications2 as a provisional 7onstitution of :ndia .hile the 7onstituent Assembl% .as at .or- on a ne. 7onstitution. This 0rder omitted the hated Section 9) completel%. Thus2 from Au1ust 152 19 (2 until 'anuar% !52 195*2 the countr% .as 1overned .ithout an% provision in its constitution for 9overnor5s rule or 9overnorC9eneral5s rule. This period .itnessed communal riots2 refu1ee influ@2 the Telan1ana armed rebellion and much else. Section 9) .as thus proved dispensable for t.o and a half %ears. Article )5? .as adopted b% the 7onstituent Assembl% bearin1 in mind the abnormal conditions the countr% .as passin1 throu1h.

TBF B:N+< A47B:3FS

/. . $5/#D4$ , "<$I 5$0 of the drafting committee of the "onstitution. In the "onstituent $ssem-ly on $ugust =, 12=2, he said of the relevant $rticles' >If at all they are -rought into operation, I hope the &resident, )ho is endo)ed )ith these po)ers, )ill take proper precautions -efore actually suspending the administration of the provinces.> The follo.in1 e@chan1e bet.een Ambed-ar and Pandit Brida% Nath 8unEru in the 7onstituent Assembl% deserves notin1. Pandit 8unEru put a specific Auestion to Ambed-ar durin1 that debate on Au1ust 2 19 9: L"a% : as- m% honourable friend to ma-e one point clearN :s the purpose of Articles !(& and !(&CA to enable the 7entral 1overnment to intervene in provincial affairs for the sa-e of 1ood 1overnment of the provincesN The Bonourable +r ,.4. Ambed-ar: No. No. The 7entre is not 1iven that authorit%. Pandit Brida% Nath 8unEru: 0r2 onl% .hen there is such misC1overnment in the province as to endan1er the public peaceN The Bonourable +r ,.4. Ambed-ar: 0nl% .hen the 1overnment is not carried on in consonance .ith the provisions laid do.n for the constitutional 1overnment of the provinces. Khether there is 1ood 1overnment or not in the Province is not for the 7entre to determine. : am Auite clear on the point. Pandit Brida% Nath 8unEru: Khat is the meanin1 e@actl% of the provision of the 7onstitution ta-en as a .holeN The Bouse is entitled to -no. from the honourable member .hat is his idea of the meanin1 of the phrase Pin accordance .ith the provisions of the 7onstitution5.M

Ambed-ar referred him to the 9overnment of :ndia Act2 19)52 .hich used this e@pression in Section 9). Be2 ho.ever2 too- care to emphasise the limitations:
T.#. P4A,BA8A4

The head of the Sarkaria "ommission on "entre?State relations, :ustice .S. Sarkaria 6right7, )ith S. . Sen, mem-er. The commission noted in its report, su-mitted in 1233, the deep resentment that the a-use of $rticle *+, of the "onstitution caused among the States. L:n re1ard to the 1eneral debate .hich has ta-en place in .hich it has been su11ested that these articles are liable to be abused2 : ma% sa% that : do not alto1ether den% that there is a possibilit% of these articles bein1 abused or emplo%ed for political purposes. ,ut that ob$ection applies to ever% part of the 7onstitution .hich 1ives po.er to the 7entre to override the Provinces. :n fact2 : share the sentiments e@pressed b% m% honourable friend "r 9upte %esterda% that the proper thin1 .e ou1ht to e@pect is that such Articles .ill never be called into operation and that the% .ould remain a dead letter.M @-;ective tests for the use of the po)er :. :n the ,ommai case2 'ustice P.,. Sa.ant said in his $ud1ment2 .ith .hich 'ustice 8uldip Sin1h concurred: LArticles !(& and !(&CA of the +raft 7onstitution referred to above correspond to present Articles )5? and )5( of the 7onstitution respectivel%. Thus2 it is clear from Article )55 that it is not an independent source of po.er for interference .ith the functionin1 of the State 1overnment but is in the nature of $ustification for the measures to be adopted under Articles )5? and )5(. Khat is2 ho.ever2 necessar% to remember in this connection is that .hile Article )55 refers to three situations2 viE =i> e@ternal a11ression =ii> internal disturbance2 and =iii> nonCcarr%in1 on of the 1overnment of the States in accordance .ith the provisions of the 7onstitution2 Article )5? refers onl% to one situation2 viE.2 the third one. As a1ainst this2 Article )5!2 .hich provides for Proclamation of Fmer1enc%2 spea-s of onl% one situation2 viE.2 .here the securit% of :ndia or an% part of the territor% therefore2 is threatened either b% .ar or e@ternal a11ression or armed rebellion. The e@pression Pinternal disturbance5 is certainl% of lar1er connotations than Parmed rebellion5 and includes situations arisin1 out of Parmed rebellion5 as .ell. :n other .ords2 .hile a Proclamation of Fmer1enc% can be made for

internal disturbance onl% if it is created b% armed rebellion2 neither such Proclamation can be made for internal disturbance caused b% an% other situation nor a proclamation can be issued under Article )5? unless the internal disturbance 1ives rise to a situation in .hich the 1overnment of the State cannot be carried on in accordance .ith the provisions of the 7onstitution. A mere internal disturbance2 short of armed rebellion2 cannot $ustif% a proclamation of Fmer1enc% under Article )5! nor such disturbance can $ustif% issuance of proclamation under Article )5? =1>2 unless it disables or prevents carr%in1 on of the 1overnment of the State in accordance .ith the provisions of the 7onstitution. Article )?* envisa1es the Proclamation of financial emer1enc% b% the President .hen he is satisfied that a situation has arisen .hereb% the financial stabilit% or credit of the countr% or of an% part of the territor% thereof is threatened. :t declares that such Proclamation shall be laid before each Bouse of Parliament and shall cease to operate at the e@piration of t.o months unless it is approved b% the resolutions of both Bouses of Parliament. Ke have thus emer1enc% provisions contained in other Articles in the same part of the 7onstitutionM =Para 5(2 pa1e 9!>. Thus2 mere internal disturbance2 short of armed rebellion2 cannot $ustif% a Proclamation under Article )5?. No such disturbance can $ustif% the issuance of Proclamation under Article )5? =1> unless the situation prevents the carr%in1 on of the 1overnment of the State in accordance .ith the provisions of the 7onstitution. #i-e.ise2 'ustice ,.P. 'eevan 4edd%2 .ith .hom 'ustice S.7. A1ra.al concurred2 remar-ed in .ords of stron1 disapproval as follo.s: LSince the commencement of the 7onstitution2 the President has invo-ed Article )5? on as man% as ninet% or more occasions. Quite a performance for a provision .hich .as supposed to remain a PdeadC letter5. :nstead of remainin1 a PdeadCletter52 it has proved to be a PdeathCletter5 of scores of State 1overnments and #e1islative Assemblies. The Sar-aria 7ommission2 .hich .as appointed to loo- into and report on 7entreCState relations2 considered inter alia the manner in .hich this po.er had been e@ercised over the %ears and made certain recommendations desi1ned to prevent its misuse. Since the 7ommission .as headed b% a distin1uished 'ud1e of this court and also because it made its report after an elaborate and e@haustive stud% of all relevant aspects2 its opinions are certainl% entitled to 1reat .ei1ht not.ithstandin1 the fact that the report has not been accepted so far b% the 9overnment of :ndiaM [Para !952 pa1e !!&]. The% proceeded to Auote e@tensivel% from the recommendations made b% the Sar-aria 7ommission2 .hich thus received the imprimatur of the approval of the Supreme 7ourt. ='ustice Sa.ant had also Auoted from it.> The $ud1es added: LThe aforesaid recommendations are evidentl% the outcome of the opinion formed b% the 7ommission that more often than not the po.er under Article )5? had been invo-ed improperl%. :t is not for us to e@press an% opinion .hether this impression of the 7ommission is $ustified or not. :t is not possible for us to revie. all the ninet% cases in .hich the said po.er has been invo-ed and to sa% in .hich cases it .as invo-ed properl% and in .hich cases2 not. At the same time2 .e are inclined to sa%2 havin1 re1ard to the constitutional scheme obtainin1 under our 7onstitution2 that the recommendations do merit serious consideration =Para )**2 pa1e !)1>.

L:t is probabl% because he .as of the opinion that the invocation of this po.er .as not .arranted in man% cases2 Shri P.3. 4a$amannar2 former 7hief 'ustice of "adras Bi1h 7ourt [.ho .as appointed as the :nAuir% 7ommittee b% the 9overnment of Tamil Nadu to report on the 7entreCState relations]2 recommended that Articles )5? and )5( be repealed alto1ether. [See para =&> in 7hapter :R2 LFmer1enc% ProvisionsM of his report2 submitted in 19(1]. :n the alternative2 he recommended2 safe1uards must be provided to secure the interests of the State a1ainst the arbitrar% and unilateral action of the part% commandin1 over.helmin1 ma$orit% at the 7entre. :n other respects2 Shri 4a$amannar5s vie.s accord broadl% .ith the vie.s e@pressed b% the Sar-aria 7ommission and hence2 need not be set out in e@tensoM =Para )*12 pa1e !)1>. :n para ) =1>2 pa1e !9?2 the $ud1es concluded: LArticle )5? of the 7onstitution confers a po.er upon the President to be e@ercised onl% .hen he is satisfied that a situation has arisen .here the 1overnment of a State cannot be carried on in accordance .ith the provisions of the 7onstitutionM. =italics here as in the ori1inal>. "ore than one $ud1e emphasised that the po.er must be e@ercised ver% sparin1l%. 'ustice S. 4athnavel Pandian said: L: am of the firm opinion that the po.er under Article )5? should be used ver% sparin1l% and onl% .hen the President is full% satisfied that a situation has arisen .here the 1overnment of the State cannot be carried on in accordance .ith the provisions of the 7onstitution. 0ther.ise2 the freAuent use of this po.er and its e@ercise are li-el% to disturb the constitutional balance. 6urther if the Proclamation is freel% made2 then the 7hief "inister of ever% State .ho has to dischar1e his constitutional functions .ill be in perpetual fear of the a@e of Proclamation fallin1 on him because he .ill not be sure .hether he .ill remain in po.er or not and conseAuentl% he has to stand up ever% time from his seat .ithout properl% dischar1in1 his constitutional obli1ations and achievin1 the desired tar1et in the interest of the StateM =Para &2 pa1e ??>. 'ustices Sa.ant and 8uldeep Sin1h observed as follo.s: LAn allied Auestion .hich arises in this connection is .hether2 not.ithstandin1 the fact that a situation has arisen .here there is a brea-do.n of the constitutional machiner% in the State2 it is al.a%s necessar% to resort to the po.er of issuin1 Proclamation under Article )5? =1>. The contention is that since under Article )552 it is the dut% of the <nion to ensure that the 1overnment of ever% State is carried on in accordance .ith the provisions of the 7onstitution and since further the issuance of the proclamation under Article )5? =1> is admittedl% a drastic step2 there is a correspondin1 obli1ation on the President to resort to other measures before the step is ta-en under Article )5? =1>. This is all the more necessar% considerin1 the principles of federal and democratic polit% embedded in our 7onstitution. :n this connection2 .e ma% refer a1ain to .hat +r Ambed-ar himself had to sa% on the sub$ect. Ke have Auoted the relevant e@tract from his speech in Para1raph (( above. Be has e@pressed the hope there that resort to Article )5? =1> .ould be onl% as a last measure and before the Article is brou1ht into operation2 the President .ould ta-e proper precaution. Be hoped that the first thin1 the President .ould do .ould be to issue a mere .arnin1. :f the .arnin1 failed2 he .ould order an election and it is onl% .hen the said t.o remedies fail that he .ould resort to the Article. Ke must admit that .e are unable to appreciate the second measure to .hich +r Ambed-ar referred as a preliminar% to the resort to Article )5? =1>. Ke

should have thou1ht that the elections to the #e1islative Assembl% are a last resort and if the% are held2 there is nothin1 further to be done b% e@ercisin1 po.er under Article )5? =1>. Ke ma%2 therefore2 i1nore the said su11estion made b% him. ,ut .e respectivel% endorse the first measure viE. of .arnin1 to .hich the President should resort before rushin1 to e@ercise the po.er under Article )5? =1>. :n addition to .arnin12 the President .ill al.a%s have the po.er to issue the necessar% directives. Ke are of the vie. that e@cept in situations .here ur1ent steps are imperative and e@ercise of the drastic po.er under the Article cannot broo- dela%2 the President should use all other measures to restore the constitutional machiner% in the State. The Sar-aria 7ommission has also made recommendations in that behalf in para1raphs ?C&C*1 to ?C&C* of is 4eport. :t is not necessar% to Auote them here. Ke endorse the said recommendationsM =Para 1*92 pa1e 1!1>. 'ustice 8. 4amas.am% said: L:n particular .hen the <nion of :ndia see-s to dismiss a State "inistr% belon1in1 to a different political part%2 there is bound to e@ist friction. The motivatin1 factor for action under Article )5? =1> should never be for political 1ain to the part% in po.er at the 7entre2 rather it must be onl% .hen it is satisfied that the constitutional machiner% has failed. :t is to reiterate that the federal character of the 1overnment reimposes the belief that the people5s faith in democraticall% elected ma$orit% or coalition 1overnment .ould run its full term2 .ould not be belied unless the situation is other.ise unavoidable. The freAuent elections .ould belie the people5s belief and faith in parliamentar% form of 1overnment2 apart from enormous election e@penditure to the State and the candidates. :t also 1enerates disbelief in the efficac% of the democratic process .hich is a deathC-nell for the parliamentar% s%stem itself. :t is2 therefore2 e@tremel% necessar% that the po.er of proclamation under Article )5? must be used .ith circumspection and in a nonCpartisan manner. :t is not meant to be invo-ed to serve political 1ain or 1et rid of an inconvenient State 1overnment for 1ood or bad 1overnance. ,ut onl% in cases of failure of the constitutional machiner% of the State 1overnmentM =Para !!)2 pa1e 191>. The $ud1es also emphasised that Article )5? must be construed in the li1ht of the federal character of the 7onstitution. 'ustices Sa.ant and 8uldeep Sin1h observed as follo.s: LThe above discussion thus sho.s that the States have an independent constitutional e@istence and the% have as important a role to pla% in the political2 social2 educational and cultural life of the people as the <nion. The% are neither satellites nor a1ents of the 7entre. The fact that durin1 emer1enc% and in certain other eventualities their po.ers are overridden or invaded b% the 7entre is not destructive of the essential federal nature of our 7onstitution. The invasion of po.er in such circumstances is not a normal feature of the 7onstitution. The% are e@ceptions and have to be resorted to onl% occasionall% to meet the e@i1encies of the special situations. The e@ceptions are not a ruleM =Para 992 pa1e 115>. 'ustice 4amas.am% made similar observations: L6ederalism envisa1ed in the 7onstitution of :ndia is a basic feature in .hich the <nion of :ndia is permanent .ithin the territorial limits set in Article 1 of the 7onstitution and is indestructible. The State is the creature of the 7onstitution and the la. made b% Articles ! to .ith no territorial

inte1rit%2 but a permanent entit% .ith its boundaries alterable b% a la. made b% Parliament. Neither the relative importance of the le1islative entries in Schedule 3::2 #ists : and :: of the 7onstitution2 nor the fiscal control b% the <nion per se are decisive to conclude that the 7onstitution is unitar%. The respective le1islative po.ers are traceable to Articles ! 5 to !5 of the 7onstitution. The State Aua the 7onstitution is federal in structure and independent in its e@ercise of le1islative and e@ecutive po.er. Bo.ever2 bein1 the creature of the 7onstitution the State has no ri1ht to secede or claim soverei1nt%. Qua the <nion2 State is AuasiCfederal. ,oth are coordinatin1 institutions and ou1ht to e@ercise their respective po.ers .ith ad$ustment2 understandin1 and accommodation to render socioCeconomic and political $ustice to the people2 to preserve and elon1ate the constitutional 1oals2 includin1 secularismM =Para ! (2 pa1e !*5>. 'ustices 'eevan 4edd% and A1ra.al observed: LThe fact that under the scheme of our 7onstitution 1reater po.er is conferred upon the 7entre visCaCvis the States does not mean that States are mere appenda1es of the 7entre. Kithin the sphere allotted to them2 States are supreme. The 7entre cannot tamper .ith their po.ers. "ore particularl%2 the courts should not adopt an approach2 an interpretation2 .hich has the effect of or tends to have the effect of .hittlin1 do.n the po.ers reserved to the States. :t is a matter of common -no.led1e that over the last several decades2 the trend the .orld over is to.ards stren1thenin1 of 7entral 1overnments be it the result of advances in technolo1icalGscientific fields or other.ise2 and that even in <SA the 7entre has become far more po.erful not.ithstandin1 the obvious bias in that 7onstitution in favour of the States. All this must put the 7ourt on 1uard a1ainst an% conscious .hittlin1 do.n of the po.ers of the States. #et it be said that the federalism in the :ndian 7onstitution is not a matter of administrative convenience2 but one of the principle S the outcome of our o.n historical process and a reco1nition of the 1round realitiesM =Para !(?2 pa1e !1?C!1(>. Su-;ect to revie) ::. There .as complete unanimit% on the point that a Proclamation made under Article )5? is sub$ect to $udicial revie.. 'ustice A.". Ahmadi recorded that both the Attorne% 9eneral and counsel for the <nion of :ndia a1reed that a Proclamation under Article )5? is open to $udicial revie.. There .as scope for ar1ument on the area of $usticiabilit%. :t is .ell settled that mala fides2 for instance2 .ill vitiate the Proclamation. :::. Article ( of the 7onstitution reads thus: L=1> There shall be a 7ouncil of "inisters .ith the Prime "inister at the head to aid and advise the President .ho shall2 in e@ercise of his functions2 act in accordance .ith such advice. Provided that the President ma% reAuire the 7ouncil of "inisters to reconsider such advice2 either 1enerall% or other.ise2 and the President shall act in accordance .ith the advice tendered after such reconsideration. =!> The Auestion .hether an%2 and if so .hat2 advice .as tendered b% "inisters to the President shall not be inAuired into in an% court.M A 9overnment of :ndia .hich advises the President to si1n a Proclamation under Article )5? runs a clear ris-. Khile no court can call upon the 1overnment to disclose its advice2 it is no. settled be%ond all doubt that courts have the po.er to summon the files and

ascertain the material on .hich that advice .as based. The impact of that disclosure on the nature of the advice is obvious. :f the advice is irrational2 politicall% motivated2 perverse or mala fide 2 it .ill e@pose the 9overnment of :ndia to ridicule and invite the censure of the court. That .ill emer1e clearl% from the material sho.n to the court. No 1overnment should put the President in such a predicament2 in a court of la.. 'ustices Sa.ant and 8uldeep Sin1h ruled: LThe validit% of the Proclamation issued b% the President under Article )5? =1> is $udiciall% revie.able to the e@tent of e@aminin1 .hether it .as issued on the basis of an% material at all or .hether the material .as relevant or .hether the Proclamation .as issued in the mala fide e@ercise of the po.er. Khen a prima facie case is made out in the challen1e to the Proclamation2 the burden is on the <nion 1overnment to prove that the relevant material did in fact e@ist2 such material ma% be either the report of the 9overnor or other than the report. Article ( =!> is not a bar a1ainst the scrutin% of the material on the basis of .hich the President had arrived at his satisfactionM =Para 15)2 pa1e 1 &>. 'ustice 8. 4amas.am% observed: L,% operation of Article ( =!> onl% the actual advice tendered b% the 7ouncil of "inisters 1ets immunit% from production and the court shall not inAuire into the Auestions .hether and if so .hat advice .as tendered b% the "inister. :n other .ords2 the records other than the advice tendered b% the "inister to the President2 if found necessar%2 ma% be reAuired to be produced before the constitutional courtM =Para !*&2 pa1e 1&!>. 'ustice 'eevan 4edd% and A1ra.al held to the same effect: LArticle ( =!> merel% bars an enAuir% into the Auestion .hether an% and if so2 .hat advice .as tendered b% the "inisters to the President. :t does not bar the court from callin1 upon the <nion 7ouncil of "inisters =<nion of :ndia> to disclose to the court the material upon .hich the President had formed the reAuisite satisfaction. The material on the basis of .hich advice .as tendered does not become part of the advice. Fven if the material is loo-ed into b% or sho.n to the President2 it does not parta-e the character of advice. Article ( =!> and Section 1!) of the Fvidence Act cover different fields. :t ma% happen that .hile defendin1 the Proclamation2 the "inister or the official concerned ma% claim the privile1e under Section 1!). :f and .hen such privile1e is claimed2 it .ill be decided on its o.n merits in accordance .ith the provisions of Section 1!)M =Para ) =?>2 pa1e !9(>. 'ustice S. 4athnavel Pandian also a1reed .ith this conclusion: L: find m%self in a1reement .ith the opinion of P.,. Sa.ant2 '. on his conclusions 12 ! and to & .ith .hich ,.P. 'eevan 4edd% '. concurs in his $ud1ment =spea-in1 for himself and on behalf of S.7. A1ra.al2 '.> but so far as the reasonin1 and other conclusions are concerned2 : a1ree full% .ith the $ud1ment of ,.P. 'eevan 4edd%2 '. Iet : .ould li-e to 1ive m% brief opinion on the constitutional Auestion of substantial importance in relation to the po.ers of the President to issue proclamation under Article )5? =1> of the 7onstitutionM =Para !2 pa1e ?5>.

Thus a clear ma$orit% of si@ $ud1es in the nineCmember ,ench rule that the material on the basis of .hich advice .as tendered is liable to be produced in court. $ssem-ly dissolution :3. 'ustice 'eevan 4edd% and A1ra.al ruled: LThou1h the po.er of dissolvin1 of the #e1islative Assembl% can be said to be implicit in clause =1> of Article )5?2 it must be held2 havin1 re1ard to the overall constitutional scheme2 that the President shall e@ercise it onl% after the Proclamation is approved b% both Bouses of Parliament under clause =)> and not before. <ntil such approval2 the President can onl% suspend the #e1islative Assembl% b% suspendin1 the provisions of 7onstitution relatin1 to the #e1islative Assembl% under subCclause =c> of clause =1>. The dissolution of #e1islative Assembl% is not a matter of course. :t should be resorted to onl% .here it is found necessar% for achievin1 the purposes of the ProclamationM =Para ) =)>2 pa1e !9?>. To the same effect is the rulin1 of 'ustices Sa.ant and 8uldeep Sin1h: LSince the provisions contained in clause =)> of Article )5? are intended to be a chec- on the po.ers of the President under clause =1> thereof2 it .ill not be permissible for the President to e@ercise po.ers under subCclauses =a> =b> and =c> of the latter clause2 to ta-e irreversible actions till at least both the Bouses of Parliament have approved of the Proclamation. :t is for this reason that the President .ill not be $ustified in dissolvin1 the #e1islative Assembl% b% usin1 the po.er of the 9overnor under Article 1( =!> =b> read .ith Article )5? =1> =a> till at least both the Bouses of Parliament approve of the ProclamationM =Para 15) =:3>2 pa1e 1 9>. 'ustice S. 4athnavel Pandian concurred .ith this point as is clear from his observations in para ! at pa1e ?5. Bere a1ain2 there is a clear ma$orit% rulin1 that the Assembl% must not be dissolved until both Bouses of Parliament have ta-en a decision on the Proclamation. @n revival of $ssem-ly 3. The ,ommai case brea-s ne. 1round on the revival of the Assembl% despite its dissolution and the dismissal of the State 1overnment. Bitherto it .as believed2 Auite mista-enl%2 that even if the orders in respect of them are held to be void the status Auo ante cannot be restored. :n principle2 there is no reason .h% stri-in1 do.n a void order should not have the same conseAuences in these matters as in all otherO namel%2 nullif% the action and restore the situation to .hat it .as before the unconstitutional act .as committed. :n the ,ommai case the Supreme 7ourt has ruled cate1oricall% that if a Proclamation under Article )5? is struc- do.n as invalid2 the court can order revival of the dissolved Assembl% and restoration of the dismissed 1overnment. 'ustices Sa.ant and 8uldeep Sin1h ruled: L:f the Proclamation issued is held invalid2 then not.ithstandin1 the fact that it is approved b% both Bouses of Parliament2 it .ill be open to the court to restore the status Auo ante to the issuance of the proclamation and hence to restore the #e1islative Assembl% and the "inistr%M =Para 15) =5*>2 pa1e 1 9>. 'ustice 4athnavel Pandian concurred on this point.

'ustices 'eevan 4edd% and A1ra.al held to the same effect: LNo.2 comin1 to the po.er of the court to restore the 1overnment to office in case it finds the Proclamation to be unconstitutional2 it is2 in our opinion2 be%ond Auestion. Fven in case the Proclamation is approved b% Parliament it .ould be open to the court to restore the State 1overnment to its office in case it stri-es do.n the Proclamation as unconstitutional. :f this po.er .ere not conceded to the court2 the ver% po.er of $udicial revie. .ould be rendered nu1ator% and the entire e@ercise meanin1less. :f the court cannot 1rant the relief flo.in1 from the invalidation of the Proclamation2 it ma% as .ell decline to entertain the challen1e to the proclamation alto1ether. 6or2 there is no point in the court entertainin1 the challen1e e@aminin1 it2 callin1 upon the <nion 1overnment to produce the material on the basis of .hich the reAuisite satisfaction .as formed and %et not 1ive the relief. :n our considered opinion2 such a course is inconceivableM =Para !912 pa1e !!?C!!(>. :n the summar% of their conclusion2 the $ud1es ruled: L:f the court stri-es do.n the Proclamation2 it has the po.er to restore the dismissed 1overnment to the office and revive and reactivate the #e1islative Assembl% .herever it ma% have been dissolved or -ept under suspension. :n such a case2 the court has the po.er to declare that acts done2 orders passed and la.s made durin1 the period the Proclamation .as in force2 shall remain unaffected and be treated as valid. Such declaration2 ho.ever2 shall not preclude the 1overnmentG#e1islative Assembl% or other competent authorit% to revie.2 repeal or modif% such acts2 orders and la.sM =Para ) =&>2 pa1e !9&>. Interim relief 3:. The Supreme 7ourt also opened a ne. vista for challen1e to unconstitutional action b% holdin12 b% a clear ma$orit%2 that it has the po.er to 1rant interim relief. 'ustice Sa.ant and 8uldeep Sin1h observed as follo.s: LThe further important Auestion that arises is .hether the court .ill be $ustified in 1rantin1 interim relief and .hat .ould be the nature of such relief and at .hat sta1e it ma% be 1ranted. The 1rant of interim relief .ould depend upon various circumstances includin1 the e@peditiousness .ith .hich the court is moved2 the prima facie case .ith re1ards to the invalidit% of the Proclamation made out2 the steps .hich are contemplated to be ta-en pursuant to the proclamation2 etc. Bo.ever2 if other conditions are satisfied it .ill defeat the ver% purpose of the $udicial revie. if the reAuisite interim relief is denied. The least relief that can be 1ranted in such circumstances is an in$unction restrainin1 the holdin1 of fresh elections for constitutin1 the ne. #e1islative Assembl%. There is no reason .h% such a relief should be denied if a precaution is ta-en to hear the challen1e as e@peditiousl% as possible ta-in1 into consideration the public interests involved. The possibilit% of the dela% in disposal of the challen1e cannot be 1round for frustratin1 the constitutional ri1ht and defeatin1 the constitutional provisions. :t has2 ho.ever2 to be made clear that the interlocutor% relief that ma% be 1ranted on such challen1e is to prevent the frustration of the constitutional remed%. :t is not to prevent the constitutional authorit% from e@ercisin1 its po.ers and dischar1in1 its functions. Bence2 it .ould be .holl% impermissible either to interdict the issuance of the Proclamation or its operation till a final verdict on its validit% is pronounced. Bence2 the normal rules of PAuia timet5

action have no relevance in matters pertainin1 to the challen1e to the proclamation. To conclude2 the court in appropriate cases .ill not onl% be $ustified in preventin1 holdin1 of fresh elections but .ould be dut%Cbound to do so b% 1rantin1 suitable interim relief to ma-e effective the constitutional remed% of $udicial revie. and to prevent the emasculation of the 7onstitutionM =Para 1152 pa1e 1! >. :n a summar% of their conclusions the% ruled cate1oricall%: L:n appropriate cases2 the court .ill have po.er b% an interim in$unction2 to restrain the holdin1 of fresh elections to the #e1islative Assembl% pendin1 the final disposal of the challen1e to the validit% of the Proclamation to avoid the fait accompli and the remed% of $udicial revie. bein1 rendered fruitless. Bo.ever2 the court .ill not interdict the issuance of the Proclamation or the e@ercise of an% other po.er under the ProclamationM =Para 15) =?>2 pa1e 1 9>. This conclusion .as also endorsed b% 'ustice S. 4athnavel Pandian. 'ustices 'eevan 4edd% and A1ra.al also e@pressed their concurrence .ith this conclusion: L:n the li1ht of reasons 1iven and conclusion recorded hereinabove2 .e find ourselves in a1reement .ith the conclusions 12 ! and to ( in the $ud1ment of our learned ,rother Sa.ant2 '.2 delivered on behalf of himself and 8uldip Sin1h2 '. Ke are also in broad a1reement .ith conclusion & in the said $ud1mentM =Para )52 pa1e !99>. To sum up2 .hat the Supreme 7ourt did is to ma-e $udicial revie. of the Proclamation under Article )5? far more effective b% circumscribin1 the conditions in .hich the Article can be invo-edO it asserted the ri1ht to call for the production of records on the basis of .hich <nion 7ouncil of "inisters advised the PresidentO put a restraint on the dissolution of the Assembl% prior to parliamentar% ratification of the ProclamationO asserted the court5s po.er to order revival of the Assembl% and the restoration of the 1overnment2 even after Parliament has approved the Proclamation2 if the court finds them to be unconstitutionalO and2 not least2 it asserted the po.er to 1rant interim relief2 to prevent the holdin1 of elections to the Assembl% in order to defeat a le1al challen1e to the Proclamation under Article )5? b% .hich the Assembl% had been dissolved. These are all ver% substantial 1ainsO ver% substantial 1uarantees a1ainst abuse of po.er and for the maintenance of the federal structure of the 7onstitution. Khen 9overnor B.4. ,hard.a$ recommended imposition of President5s 4ule in 8arnata-a2 he revealed either his i1norance of the la. S ver% understandable 1iven his intellectual eAuipment S or his decision to flout the la.O more li-el% than not the former. Bis retirement from an% public office has been lon1 overdue. 9iven the 9overnment of :ndia5s brusAue re$ection of his report2 .ith .hat selfCrespect can be continue to occup% the 4a$ ,havan in ,an1aloreN

Telangana fallout: AP under Presidents rule after 41 years

Press Trust of India | Hyderabad | February 28, 2014 4:22 !

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T.e bill to *reate t.e *ountry#s 23t. state, by s litting And.ra Prades., 'as assed by Parlia!ent in t.e 4ust5*on*luded 6inter -ession$

-700A89

Andhra Pradesh first came under President's rule way back in January 1973 following the "Jai Andhra" agitation for a separate state
T'eet T.is 8:;AT:<

President#s rule in And.ra Prades. li+ely

AP 20 "iran "u!ar 8eddy !ulls .is future *ourse of a*tion

<e*ision on President#s rule in And.ra li+ely on Friday

And.ra Prades. is *o!ing under Presidents rule after a long ga of 41 years$ T.e *urrent s ell of Presidents rule, '.i*. t.e 7nion 2abinet a ro1ed on Friday on t.e re*o!!endation of state ,o1ernor : - ; &arasi!.an, is not due to any *onstitutional *risis but a oliti*al *risis *aused by t.e resignation of 2.ief 0inister & "iran "u!ar 8eddy on February 13 rotesting t.e bifur*ation of t.e state$ "iran also resigned fro! t.e 2ongress arty but t.e ,o1ernor as+ed .i! and t.e 2oun*il of 0inisters to *ontinue in offi*e till alternati1e arrange!ents 'ere !ade$

to help us personalise your reading experience. T.e 2ongress .ig. *o!!and tried des erately to install a ne' go1ern!ent *onse)uent to "irans resignation but a !ass e=odus of legislators fro! t.e arty, arti*ularly in t.e -ee!aand.ra region, ut aid to its .o es$ T.e .ig. *o!!and engaged senior leaders fro! bot. sides of t.e regional di1ide in tal+s to find a su**essor to "iran but failed$ At one oint, 7nion 0inister of -tate for Touris! " 2.iran4ee1i 'as ti ed to be*o!e t.e ne' 2.ief 0inister of t.e yet5to5be di1ided AP but t.at did not .a en as a *onsensus re!ained elusi1e$ "irans resignation triggered a *risis in t.e ruling 2ongress .ere 'it. at least t.ree !inisters of .is 2abinet s'it*.ing o1er to t.e rin*i al o osition Telugu <esa! Party and a *ou le of ot.ers de*iding to 4oin .is to5be5laun*.ed ne' oliti*al arty$ 2lose to a do>en 0;As fro! -ee!aand.ra .a1e also left t.e 2ongress to 4oin t.e T<P$ In t.e re1ailing internal *risis in t.e arty, t.e 2ongress 'ould .a1e *learly fallen s.ort of !a4ority in t.e Asse!bly$ T.is left no ot.er o tion for t.e arty e=*e t to go for a s ell of Presidents rule as ele*tions to t.e state Asse!bly are 4ust a *ou le of !ont.s a'ay$ And.ra Prades. first *a!e under Presidents rule 'ay ba*+ in ?anuary 13@A follo'ing t.e B?ai And.raC agitation for a se arate state$ P % &arasi!.a 8ao, '.o later 'ent on to be*o!e t.e *ountrys Pri!e 0inister, resigned as t.e 2.ief 0inister '.en 2entral rule 'as i! osed in t.e state for a eriod of o1er ten !ont.s$

Anique role for $.&. 8overnor

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SBA4F T 70""FNT =)> T P4:NT T TU TOPICS politics interior policy state politics

The Andhra Pradesh Reorganisation Bill, 2013, approved y the !nion "a inet on Thursday night, envisages a uni#ue role $or the %overnor. Both Andhra Pradesh and Telangana &ould have a co''on %overnor $or 10 years. This is a distinctive case. (nly &hen a %overnor is on leave or there is a vacancy in a )tate, is %overnor o$ the neigh ouring )tate given additional charge y the President on the advice o$ the !nion govern'ent. *o&ever, the case o$ the t&o ne& )tates is special as oth o$ the' could share *ydera ad as co''on capital $or a 'axi'u' period o$ 10 years. Andhra Pradesh &ould locate a ne& capital. The "entre &ould constitute an experts co''ittee to study various alternatives $or a ne& capital. The %overn'ent o$ +ndia &ill provide a special $inancial pac,age $or the creation o$ ad'inistrative in$rastructure to set up ne& capital. The %overnor $or oth the )tates shall decide upon 'atters in the discharge o$ his $unctions, on the advice o$ the "ouncil o$ -inisters o$ the respective )tates, &hose decision shall e $inal. .+n this regard, it is pertinent to 'ention that there are all possi ilities o$ di$$erence o$ opinion and con$lict o$ interests in the advice to e tendered y the "ouncil o$ -inisters o$ the successor )tates on various issues,/ a "a inet note put up $or consideration o$ the !nion "a inet stated. The %overnor o$ Telangana &ill have a special responsi ility $or the security o$ li$e, li erty and property o$ all those &ho reside in the co''on capital area. The %overnor 'ay e assisted y t&o advisers to e appointed y the %overn'ent o$ +ndia. The 0a& -inistry, on a re$erence 'ade y the govern'ent, also exa'ined the $easi ility o$ e'po&ering the co''on %overnor o$ the successor )tates &ith po&ers si'ilar to those con$erred upon the %overnor under Article 311* in respect o$ Arunachal Pradesh. *o&ever, the 0a& -inistry &as o$ the vie& that the situations are not co'para le. +t had said, . ... Article 311* &as inserted conse#uent to the "onstitution 23i$ty $i$th A'end'ent4

Act, 1567 2&hich ca'e into $orce on 20.2.15614 at the ti'e o$ con$er'ent o$ statehood on the !nion Territory o$ Arunachal Pradesh./ This &as $ound necessary due to the sensitive location and constitutional history o$ Arunachal Pradesh. .There$ore, as no such circu'stances exist &ith regard to the )tate o$ Andhra Pradesh, this 'ay re#uire a constitutional a'end'ent and there$ore, it 'ay not e $easi le to incorporate a provision to that e$$ect in the )tate Reorganisation Act relating to i$urcation o$ Andhra Pradesh./ !nion Rural 8evelop'ent -inister 9aira' Ra'esh, a ,ey 'e' er o$ the %o-, told !he "indu that though the ill &as an outco'e o$ extensive consultations &ith a cross:section o$ the society, the govern'ent &as open to changes. .The ill &ould e de ated in the Andhra Pradesh Asse' ly and co'e ac, to the "a inet. +t &ould also e de ated in oth *ouses o$ Parlia'ent. +$ there are any &orth&hile suggestions, they can e considered,/ he said. ;ey&ords< Telangana statehood, Andhra Pradesh i$urcation, =oint capital, *ydera ad

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The HinduNorth

Block, where debates are raging on the many sides of dividing a State. TOPICS politics state politics

+n a signi$icant develop'ent that could have i'plications $or the process o$ division o$ the )tate, o$$icials o$ the 0a& -inistry reportedly told the %roup o$ -inisters 2%o-4 that an a'end'ent to Article 311 284 o$ the "onstitution &as necessary as part o$ i$urcation. -inistry o$$icials told the %o- during their $ive:hour:long 'eeting here on Thursday night that an a'end'ent &as needed to Article 311 8 &hich lays do&n special provisions $or giving e#ual opportunities in education and e'ploy'ent. This suggestion has political i'plications in that passage o$ the "onstitution A'end'ent Bill needs t&o:thirds 'a=ority in Parlia'ent &hich is possi le only &ith the B9P>s support. The %o- decided to see, the advice o$ Attorney %eneral %oola' ?ahanvati on 3riday e$ore proceeding $urther &ith the Bill. The -inisters en#uired &hether a single Bill on i$urcation &as enough to co'plete the process or a separate Bill &as re#uired to ring the a'end'ent.

"ontinuing its deli erations &ith the secretaries o$ various 'inistries, the %o-, attended y ). ;.)hinde, -. ?eerappa -oily, 9aira' Ra'esh and ?. @arayanas&a'y, discussed various other issues &ith o$$icials o$ the 3inance, 0a& and 9ustice, Personnel and Training, )ur$ace Transport, Rail&ays and )hipping -inistries &ho &ere present at the 'eeting. A senior !nion -inister told &aiting =ournalists that the dra$t Bill on i$urcation &ould e ready y @ove' er 20. The %o- &ould 'eet !nion -inisters $ro' Telangana at 11 a.'. and those $ro' )ee'andhra at 11.30 a.'. and "hie$ -inister @. ;iran ;u'ar Reddy later that day $or $urther consultations. 3inance -inistry o$$icials said they &ould give their opinion on sharing o$ revenue accruing in *ydera ad and other crucial $inance:related issues once other depart'ents co'pleted their tas,. There &as lac, o$ unani'ity on ho& the revenue should e shared a$ter i$urcation. The de'and to create a rail&ay Aone $or )ee'andhra region as )outh "entral Rail&ay &ould e part o$ Telangana )tate. This entails 'a,ing Baltair division a ne& Aone y delin,ing it $ro' the Cast "oast Rail&ay. 8iscussions &ith the )hipping -inistry o$$icials centred round develop'ent o$ the 8uggara=palli port in @ellore district. The 'eeting exa'ined the reco''endation $or constructing a high:speed express high&ay to connect *ydera ad to )ee'andhra region and co'pleting it y 2016. ;ey&ords< "ongress, Andhra politics, )ee'andhra, Telangana, Andhra Pradesh Bi$urcation View comments(4)

Arti*le A@1 DAEF 2ontinuity G 2.ange

Font si>e: !orunge= ress

Arti*le A@1 DAE of t.e 2onstitution of India gi1ing s e*ial ro1ision to t.e -tate of &agaland .as robably been t.e to ne's !a+er t.is year 'it. a lot of attention gi1en on t.e rig.ts it gi1es t.e &agas 1is5H51is t.e A*ts of Indian Parlia!ent as 'ell as t.e rote*tion it affords to t.e &aga *usto!ary la's or t.e land and resour*es$ &ot only t.at but '.en t.e )uestion of Finan*ial Assistan*e fro! t.e ,o1ern!ent of India su*. as grant5in5aid *o!es, 'e !a+e )ui*+ referen*e to t.e 1I5 oint agree!ent to see+ '.at is guaranteed under Arti*le A@1 DAE$ And based on t.is, our &agaland ;egislati1e Asse!bly D&;AE .a1e ta+en so!e 1ery i! ortant de*isionsFe=*luding Part IJ A related to AAK 'o!en reser1ation in 0uni*i alLto'n *oun*ils and t.e ot.er note'ort.y issue is t.e Petroleu! and &atural ,as 8egulation$ Interestingly, for a regional oliti*al arty li+e t.e ruling &PF, '.i*. .as been +no'n to *ast doubt on t.e 1I5 oint agree!ent, it is so!e'.at of

an irony t.at '.en it *o!es to rote*ting &aga identity and rig.ts, it s.ould fall ba*+ on t.e s e*ial ro1ision of Arti*le A@1 DAE, '.i*. is a*tually an out*o!e of t.e 1I5 oint agree!ent$ In fa*t during t.e re*ent unfortunate in*idents on August A1 and -e te!ber 1, t.e &PF )uoted e=tensi1ely fro! t.e 1I oint argu!ent to res ond to t.e M osition 2ongress$ And 'it. t.e ros e*t of anot.er Asse!bly :le*tions

round t.e *orner, it 'ill be 1ery interesting to see '.et.er t.e 1I5 oint agree!ent 'ill be flogged bla*+ and blue to suit ones 1ested oliti*al interest as it .as often .a 'at*. on '.at t.e oliti*al arties .a1e to say$ ened in t.e ast$ 6e 'ill .a1e to +ee a *lose

2o!ing ba*+ to Arti*le A@1 DAE, in fa*t t.e oliti*al *lass in &agaland in*luding t.e resent and ast regi!es, t.ey .a1e been good at i*+ing and *.oosing, '.at s.ould *o!e under t.e rote*tion of Arti*le A@1 DAE and '.at s.ould not$ :1en t.e &aga *i1il so*iety or t.e 1arious tribal .o.os 'ould er.a s a*+no'ledge t.e utility afforded by t.is *onstitutional ro1ision$ Ho'e1er t.e ot.er argu!ent is t.at Arti*le A@1 DAE .as .indered t.e rogress of our -tate and so*iety$ For instan*e in t.e fig.t against *orru tion, '.i*. is a burning issue of t.e day, t.e so *alled s e*ial status under Arti*le A@1 DAE is being used by eo le in o'er to neutrali>e any !o1e to ta*+le t.is roble!$ -o t.e )uestion 'e .a1e to as+ is '.et.er Arti*le A@1 DAE is !ore i! ortant t.an t.e !oral de*ay broug.t about by *orru tion in &aga so*ietyN In t.e ast Dduring t.e 2ongress regi!eE 'e .a1e not allo'ed t.e 2entral Oureau of In1estigation D2OIE to *o!e in *iting t.e rote*tion gi1en under Arti*le A@1 DAE$ 8e*ently t.e &PF ,o1ern!ent ob4e*ted to introdu*tion of &agaland ;o+ayu+ta Oill 2012 !o1ed by a 2ongress 0;A during t.e Oudget -ession of t.e &agaland ;egislati1e Asse!bly .eld earlier t.is year$ -o 'e .a1e de1elo ed t.is .abit of in1o+ing t.e letter and s irit of Arti*le A@1 DAE e1ery ti!e 'e 'ant to di1ert issues of ubli* i! ortan*e$ &o one is )uestioning t.e 1alidity of P rote*tion gi1en to t.e &agas under t.e Indian *onstitution$ Ho'e1er t.ere is ob1iously no *onsisten*y in t.e 'ay 'e use Arti*le A@1 DAE$ Per.a s 'e need to *.ange t.is$ T.e test of using t.is ro1ision s.ould not be about t.e ast only but loo+ing to'ards t.e future and one t.at 'ill re are us to fa*e u to t.e *.allenges a.ead$ T.ere .as to be *ontinuity and *.ange to t.e 'ay 'e use Arti*le A@1 DAE$

%or,haland
6rom Ki-ipedia2 the free enc%clopedia

Gorkhaland
Proposed state

Country State

India West Bengal

Proposed Capital

Darjeeling

Languages Official Nepali

Gorkhaland (Nepali: ) is a proposed state in India demanded by the people of Darjeeling hills and the people of Gorkha (Nepali) ethnic origin in Dooars in northern West Bengal on the basis of ethno-linguistic rights.[1]The movement for Gorkhaland has gained momentum in the line of ethno-linguistic-cultural sentiment of the people who desire to identify themselves as Indian Gorkhas.[2] Two mass movements for Gorkhaland have taken place under the Gorkha National Liberation Front (19861988) and Gorkha Janmukti Morcha (2007till date).
Contents [hide] 1 History of the demand 2 History of the area 3 Agitation under GNLF and formation of DGHC 4 Agitation under GJM 5 Gorkhaland Territorial Administration 6 2013 Agitation 7 References 8 Bibliography 9 External links

istory of the demand[edit]

The demand for a separate administrative unit in Darjeeling has existed since 1907, when the Hillmen's Association of Darjeeling submitted a memorandum to Minto-Morley Reforms demanding a separate administrative setup.[3] In 1917, the Hillmen's Association submitted a memorandum to the Chief Secretary, Government of Bengal, the Secretary of State of India and the Viceroy for the creation of a separate administrative unit comprising the Darjeeling district and adjoiningJalpaiguri district.

View of Darjeeling, where the Gorkhaland movement is based

In 1929, the Hillmen's Association again raised the same demand before the Simon Commission. In 1930, a joint petition was submitted by Hillmen's Association, Gorkha Officers Association and the Kurseong Gorkha Library to the Secretary of the State of India,Samuel Hoare for separation from the province of Bengal. In 1941, the Hillmen's Association under the presidency of Rup Narayan Sinha urged the Secretary of State of India, Lord Pethick Lawrence, to exclude Darjeeling from the province of Bengal and make it a Chief Commissioners Province. In 1947, the undivided Communist Party of India (CPI) submitted a memorandum to the Constituent Assembly with copies to Pt. Jawaharlal Nehru, the Vice President of the Interim Government, and Liaquat Ali Khan, Finance Minister of the Interim Government, demanding the formation of Gorkhasthan comprising Darjeeling District, Sikkim and Nepal.

Gorkhaland supporters demonstrating in Mirik,Darjeeling.

In Independent India, Akhil Bharatiya Gorkha League (ABGL) was the first political party from the region to demand greater identity for the Gorkha(Nepali) ethnic group and economic freedom for the community, when in 1952, under the presidency of N.B. Gurung, the party met Pt.Jawaharlal Nehru, the then Prime Minister of India in Kalimpong and submitted a memorandum demanding separation from Bengal. In 1980, under the presidency of Indra Bahadur Rai, the Pranta Parishad of Darjeeling wrote to the then Prime Minister of India Indira Gandhi with the need to form a new state in Darjeeling. The movement for a separate state of Gorkhaland gained serious momentum during the 1980s, when a violent agitation was carried out by Gorkha National Liberation Front (GNLF) led by Subhash Ghisingh. The agitation ultimately led to the establishment of a semiautonomous body in 1988 called the Darjeeling Gorkha Hill Council (DGHC) to govern certain areas of Darjeeling district. However, in 2007, a new party called the Gorkha Janmukti Morcha (GJM) raised the demand for a separate state of Gorkhaland once again. [4] In 2011, GJM signed an agreement with the state and central governments for the formation of Gorkhaland Territorial Administration, a semiautonomous body that replaced the DGHC in the Darjeeling hills.

istory of the area[edit]

Before the 1780s, the area of Darjeeling formed a part of dominions of the Chogyal of Sikkim, who had been engaged in unsuccessful warfare against the Gorkhas of Nepal. Around 1780, the Gorkhas invaded Sikkim and captured most part of it, which included Darjeeling and Siliguri. By the beginning of the 19th century, they had overrun Sikkim as far eastward as theTeesta River and had conquered and annexed the Terai. In the meantime, the British were engaged in preventing the Gorkhas from overrunning the whole of the northern frontier. The Anglo-Gorkha war broke out in 1814, which resulted in the defeat of the Gorkhas and subsequently led to the signing of the Sugauli Treaty in 1815. According to the treaty, Nepal had to cede all those territories that the Gorkhas had annexed from the Chogyal of Sikkim to the British East India Company (i.e. the area between Mechi River and Teesta River).

Darjeeling in 1880

Later in 1817, through the Treaty of Titalia, the British East India Company reinstated the Chogyal of Sikkim, restored all the tracts of land between the Mechi River and the Teesta river to the Chogyal and guaranteed his sovereignty. The controversy did not end there. In 1835, the hill of Darjeeling, including an enclave of 138 square miles (360 km2), was given to the British East India Company by Sikkim, executed with a Deed of Grant. In November 1864, the Treaty of Sinchulawas executed, in which the Bengal Dooars, which originally had been under the Cooch Behar state and taken over by Bhutan in the second half of the eighteenth century, along with the passes leading into the hills of Bhutan and Kalimpong were ceded to the British by Bhutan.[1] The present Darjeeling district can be said to have assumed its present shape and size in 1866 with an area of 1234 sq. miles. Prior to 1861 and from 18701874, Darjeeling District was a "Non-Regulated Area" (where acts and regulations of the British Raj did not automatically apply in the district in line with rest of the country, unless specifically extended). From 1862 to 1870, it was considered a "Regulated Area". The term "Non-Regulated Area" was changed to "Scheduled District" in 1874 and again to "Backward Tracts" in 1919. The status was known as "Partially Excluded Area" from 1935 until theindependence of India.

!"itation under #N$% and formation of &# C[edit]

In the 1980s, Subhash Ghisingh raised the demand for the creation of a state called Gorkhaland within India to be carved out of the hills of Darjeeling and areas of Dooars and Siliguri terai contiguous to Darjeeling. The demand took a violent turn, which led to the death of over 1,200 people. This movement culminated with the formation of Darjeeling Gorkha Hill Council(DGHC) in 1988. The DGHC administered the Darjeeling hills for 23 years with some degree of autonomy. The fourth DGHC elections were due in 2004. However, the government decided not to hold elections and instead made Subhash Ghisingh the sole caretaker of the DGHC till a new Sixth Schedule tribal council was established. Resentment among the former councillors of DGHC grew rapidly. Among them, Bimal Gurung, once the trusted aide of Ghising, decided to break away from the GNLF. Riding on a mass support for Prashant Tamang, an Indian Idol contestant from Darjeeling, Bimal quickly capitalized on the public support he received for supporting Prashant, and was able to overthrow Ghisingh from the seat of power. He went on to found the Gorkha Janmukti Morcha raising the demand a state of Gorkhaland. [5]

!"itation under #'([edit]

Torch rally in support of Gorkhaland in Darjeeling district.

Ahead of the 2009 general elections in India, the Bharatiya Janata Party again announced its policy of having smaller states and to create two more states,Telangana and Gorkhaland, if they won the general election. GJM supported the candidature of Jaswant Singh of BJP, who won the Darjeeling Lok Sabha seat with 51.5% votes in his favour. In the July 2009 budget session of Parliament, three Parliamentarians Rajiv Pratap Rudy, Sushma Swaraj and Jaswant Singhstrongly pleaded for creating a state of Gorkhaland. The demand for Gorkhaland took a new turn with the assassination of Madan Tamang, leader of Akhil Bharatiya Gorkha League. He was stabbed to death allegedly by Gorkha Janmukti Morcha supporters on 21 May 2010, in Darjeeling, which led to a spontaneous shutdown in the three Darjeeling hill sub-divisions of Darjeeling, Kalimpong and Kurseong.[6]
[7]

After the murder of Madan Tamang, theWest Bengal government threatened action against Gorkha Janmukti Morcha, whose senior leaders are named in the FIR, meanwhile hinting discontinuation of ongoing talks over interim arrangement with the Gorkha party, saying it had "lost popular support following the assassination". [8] On 8 February 2011, three GJM activists were shot dead (one of whom succumbed to her injuries later) by the police as they tried to enter Jalpaiguri district on a padyatra led by Bimal Gurung fromGorubathan to Jaigaon. This led to violence in the Darjeeling hills and an indefinite strike was called by GJM that lasted 9 days.[9] In the West Bengal state assembly election, 2011 held on 18 April 2011, GJM candidates won three Darjeeling hill assembly seats, proving that the demand for Gorkhaland was still strong in Darjeeling. GJM candidates Trilok Dewan won fromDarjeeling constituency, [10] Harka Bahadur Chhetri from Kalimpong constituency, and Rohit Sharma

from Kurseong constituency.[11] Wilson Champramari, an independent candidate supported by GJM, also won from Kalchini constituency in the Dooars.[12]

#or)haland *erritorial !dministration[edit]

Main article: Gorkhaland Territorial Administration The memorandum of agreement for the formation of a Gorkhaland Territorial Administration (GTA), a semi-autonomous administrative body for the Darjeeling hills, was signed on 18 July 2011.[13] Earlier, during the West Bengal assembly election (2011) campaign, Mamata Banerjee had promised that the issue of Gorkhaland would be resolved. While Mamata implied that this would be the end of the Gorkhaland movement, Bimal Gurung reiterated that this was just another step towards statehood. Both spoke publicly at the same venue in Pintail Village near Siliguri, where the tripartite agreement was signed.[14] A bill for the creation of GTA was passed in the West Bengal Legislative Assembly on 2 September 2011. [15] The West Bengal government issued a gazette notification for the GTA Act on 14 March 2012, signalling preparations for elections for the GTA.[16] In the elections of the GTA held on 29 July 2012, GJM candidates won from 17 constituencies and the rest 28 seats unopposed.
[17]

On 30 July 2013, Gurung resigned from the GTA citing both interference from the West Bengal government and the renewed agitation for Gorkhaland.[18]

+,-. !"itation[edit]
On 30 July 2013, the Congress Working Committee unanimously passed a resolution to recommend the formation of a separate Telangana state from Andhra Pradesh to the INCled central government.[19] This resulted in flaring up of demands throughout India, prominent among them were the demands for statehood for Gorkhaland in West Bengal and Bodoland in Assam. Following a 3 days bandh,[20] GJM announced an indefinite bandh from 3 August.[21] Largely peaceful, political development took place in the background. With the West Bengal government armed with Calcutta high court order declaring the bandh as illegal, the government toughened its stand by sending a total of 10 companies of paramilitary force to quell any violent protest and arresting prominent GJM leaders and workers. [22] In response GJM announced a unique form of protest 'Janta Bandh', in which with no picketing or the use of force the people in the hills were asked to voluntarily stay inside on 13th and 14 August.
[23]

This proved to be a major success and an embarrassment for the government.

After a marathon 'all party meeting' convened by the Gorkha Janamukti Morcha (GJM) on 16 August at Darjeeling , the pro Gorkhaland parties informally formed 'Gorkhaland Joint Action Committee'.[24] and jointly decided to continue the movement and exercise bandhs albeit through different names. For the first time in 106 years, all the major political parties of the hills agreed to come together and jointly take the agitation forward.

With demands for Union government intervention, the GJAC announced that agitation was to continue even after 18 August, with programs like 'Ghar Bhitre Janta' (People confided to home), processions with torches and huge human chains with black bands on the national highways,"

References[edit]
1.
2. 2012. 3. Jump up^ "The Parliament is the supreme and ultimate authority of India". Darjeeling Times. 23 November 2010. Retrieved 20 March 2012. 4. Jump up^ "Demand for Gorkhaland raised again". The Hindu. 16 November 2007. Retrieved 20 March 2012. 5. Jump up^ "Indian Idol reignites demand for Gorkhaland in Darjeeling hills". Live Mint. 19 March 2008. Retrieved 20 March 2012. 6. Jump up^ "Gorkha leader Madan Tamang killed, Darjeeling tense". The Indian Express. 21 May 2010. Retrieved 20 March 2012. 7. Jump up^ "Gorkha leader Madan Tamang hacked in public". The Times of India. 22 May 2010. Retrieved 20 March 2012. 8. Jump up^ "Tamang's murder threatens to derail Gorkhaland talks". The Times of India. 26 May 2010. Retrieved 20 March 2012. 9. Jump up^ "2 killed in police firing on GJM protesters". The Hindu. 8 February 2011. Retrieved 20 March 2012. 10. Jump up^ "GJM wins Darjeeling constituency by record margin of votes". Hindustan Times. 14 May 2011. Retrieved 20 March 2012. 11. Jump up^ "GJM wins three Assembly seats in Darjeeling". Zee News. 13 May 2011. Retrieved 20 March 2012. 12. Jump up^ "GJMM to finalise stand today". The Statesman. 13 May 2011. Retrieved 20 March 2012. 13. Jump up^ "Darjeeling tripartite pact signed for Gorkhaland Territorial Administration". The Times of India. 18 July 2011. Retrieved 20 March 2012. 14. Jump up^ "Gorkhaland struggle may not end with Mamatas deal". First Post. 20 July 2011. Retrieved 20 March 2012. ^ Jump up to:a b Sailen Debnath, The Dooars in Historical Transition, ISBN 9788186860441 Jump up^ "Why Gorkhaland". Gorkha Janmukti Morcha. Retrieved 6 October

15.

Jump up^ "GTA Bill passed with 54 amendments". The Times of India. 3 September 2011. Retrieved 20 March 2012.

16.

Jump up^ "Gorkha Territory readies for polls". The Times of India. 15 March 2012. Retrieved 20 March 2012.

17.

Jump up^ "GJM sweeps maiden GTA polls, not to give up Gorkhaland demand". Darjeeling Times/IANS. 2 August 2012. Retrieved 5 August 2012.

18.

Jump up^ "After Telangana, GJM ratchets up Gorkhaland demand". Yahoo News. 30 July 2013. Retrieved 3 August 2013.

19.

Jump up^ http://www.rediff.com/news/slide-show/slide-show-1-bigannouncement-on-telangana-statehood-andhra-pradesh/20130730.htm

20.

Jump up^ http://zeenews.india.com/news/west-bengal/telangana-effect-gjmcalls-for-bandh-in-darjeeling-hills-for-gorkhaland_865170.html

21.

Jump up^ http://www.ndtv.com/article/india/telangana-effect-gorkha-janmuktimorcha-calls-indefinite-shutdown-in-darjeeling-399204

22. 23.

Jump up^ http://isikkim.com/2013-8-gta-councillor-arrested-in-kalimpong-13/ Jump up^ http://www.myrepublica.com/portal/index.php? action=news_details&news_id=59469

24.

Jump up^ http://economictimes.indiatimes.com/news/politics-and-nation/progorkhaland-organizations-to-remain-on-path-of-darjeeling-movement-under-gjacname/articleshow/21862376.cms

/iblio"raphy[edit]

%or,haland Territorial Ad'inistration

From Wikipedia, the free encyclopedia

8orkhaland Territorial $dministration

territorial council

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Gorkhaland Territorial Administration (GTA) is a semi-autonomous administrative body for the Darjeeling hills in West Bengal, India. GTA replaced the Darjeeling Gorkha Hill Council, which was formed in 1988 and administered the Darjeeling hills for 23 years. [1] GTA presently has three hill subdivisions Darjeeling, Kalimpong, and Kurseong and some areas of Siliguri subdivision under its authority.[2]
Contents

[hide] 1 Background 2 Formation of GTA 3 Memorandum of Agreement 4 Demand for GATA 5 President's assent and high-power committee report 6 GTA election 2012 7 See also 8 References

/ac)"round[edit]
Gorkhaland was the name of the proposed state in India that the Nepalispeaking Gorkha(Nepali) ethnic group in Darjeeling and the Dooars in north West Bengal have expressed a desire to create. The termGorkhaland was coined by Subhash Ghisingh, leader of Gorkha National Liberation Front, who led a violent agitation for its formation in the 1980s.[3] This movement culminated with the formation of Darjeeling Gorkha Hill Council in 1988. The DGHC did not fulfill its goal of forming a new state, which led to the downfall of Subhash Ghisingh[4] and the rise of another party Gorkha Janmukti Morcha headed by Bimal Gurung in 2007, which launched a second agitation for a Gorkhaland state.[5]

%ormation of #*![edit]
After three years of agitation for a state of Gorkhaland led by GJM, the GJM reached an agreement with the state government to form a semi-autonomous body to administer the Darjeeling hills.[6]A bill for the creation of GTA was passed in the West Bengal Legislative Assembly on 2 September 2011.[7] The GTA will have administrative, executive and financial powers but no legislative powers. A 10-member joint verification committee headed by a retired High Court judge would examine the demand to bring the Gorkha-inhabited pockets of the Dooars and the Terai under the GTA.[8]

(emorandum of !"reement[edit]
The Memorandum of Agreement[9] for GTA was signed on 18 July 2011 at Pintail Village near Siliguri in the presence of Union Home Minister P. Chidambaram, West Bengal chief minister Mamata Banerjee and Gorkha Janmukti Morcha leaders.[10] The agreement was

signed by West Bengal Home Secretary G.D. Gautama, Union Home Ministry Joint Secretary K.K. Pathak and GJM general secretary Roshan Giri.[11]

&emand for #!*![edit]

On 29 October 2011, the Gorkha Janmukti Morcha and the Akhil Bharatiya Adivasi Vikas Parishad (ABAVP), Dooars Unit signed an 18-point agreement at Mongpoo, after which these organizations jointly proposed a new administrative body called the Gorkhaland and Adivasi Territorial Administration (GATA) in place of the GTA.[12] The ABAVP decided to agree to incorporate 196 mouzas of the Dooars and 199 mouzas of the Terai region into the proposed GATA.[13]

President's assent and hi"h0power committee report[edit]

The President of India Pratibha Patil gave her assent to the GTA Bill of West Bengal on 7 March 2012.[14] The West Bengal government issued a gazette notification for the GTA Act on 14 March 2012, signalling preparations for elections for the GTA.[15] In a meeting held on 24 March 2012 between GJM leaders and the West Bengal government, it was decided that the election to the GTA would be held in the end of June or in July 2012.
[16]

The Justice Sen

Committee would be requested to submit its report on the inclusion of additional areas of Terai and Dooars in the GTA by early June 2012.[17] The WB government released a list of 45 constituencies of the GTA on 26 May 2012 to which elections are to be held in July 2012.
[18]

The high-power committee headed by retired judge Shyamal Kumar Sen that was set up

by the West Bengal government has recommended inclusion of just five mouzas under the proposed GTA although the Gorkha Janmukti Morcha had demanded 398 mouzas from the Dooars and Terai regions.[19] The West Bengal government announced that it would set up a three-member "Fact Verification Committee" to go into the recommendations of Justice Sen Committee after the Gorkha Janmukti Morcha rejected its report. [20] The Calcutta High Court admitted on 19 June 2012 the case moved by Gorkha National Liberation Front leader Subhash Ghisingh challenging the legality of the GTA. Justice Dipankar Dutta told the three signatories to the GTA agreement the central government, the state government and the Gorkha Janmukti Morcha to file affidavits stating their stand on Ghisinghs contention. [21]

#*! election +,-+[edit]

The West Bengal government announced that the election for the GTA would be held on 29 July 2012.[22] The Gorkha Janmukti Morcha announced that it would contest the GTA polls,

which it had earlier threatened to boycott over the Justice Sen-headed committee recommendations on territorial inclusion of the Dooars and Terai that it had rejected. [23] After a period of silence, the Gorkha Janmukti Morcha announced the names of its GTA election nominees.[24][25] Parties that formed the Gorkhaland Task Force (CPRM, ABGL, Bharatiya Gorkha Parisangh, GNLF(C), Gorkhaland Rajya Nirman Morcha and others) decided not contest the GTA elections.[26] Both CPI(M) and Trinamool Congress fielded candidates in the election.[27] The GNLF decided to boycott the elections and its chairman filed a case in the Kolkata High Court challenging the GTA.[28] The CPI(M) withdrew the nominations of all its 13 candidates from the GTA elections, alleging threats and intimidation by the GJM [29] and the GJM bagged 28 seats of the GTA uncontested.[30] In the elections of the remaining 17 seats of the GTA held on 29 July 2012, GJM candidates won from all the constituencies.
[31]

Sanchabir Subba, the rebel GJM candidate from Gitdabling-Nimbong, narrowly lost to the

partys official contestant Kalyan Dewan by 677 votes.[32] The newly elected members of the GTA were sworn in on 4 August 2012 at Darjeeling in the presence of home minister Sushil Kumar Shinde and West Bengal chief minister Mamata Banerjee.[33]

See also[edit]

Autonomous regions of India

Autono'ous ad'inistrative divisions o$ +ndia

From Wikipedia, the free encyclopedia
(Redirected from Autonomous regions of India)

There are several autonomous administrative divisions of India to which the central government has given varying degrees of autonomy within the state legislature. The establishment and functions of most of these autonomous councils are based on the sixth schedule to the Constitution of India.[1]
Contents [hide] o o 1 In Assam 1.1 Bodoland Territorial Council 1.2 Karbi Anglong Autonomous Council

o o o o o o o o o o o o o o o o o o

1.3 Dima Hasao Autonomous District Council 1.4 Rabha Hasong Autonomous Council (RHAC) 1.5 Mishing Autonomous Council(MAC) 1.6 Tiwa Autonomous Council (TAG) 1.7 Deori Autonomous Council (DAC) 1.8 Thengal Kachari Autonomous Council (TKAC) 1.9 Sonowal Kachari Autonomous Council (SKAC) 2 In Jammu and Kashmir 2.1 Ladakh Autonomous Hill Development Council, Kargil 2.2 Ladakh Autonomous Hill Development Council, Leh 3 In Meghalaya 3.1 Garo Hills Autonomous District Council 3.2 Jaintia Hills Autonomous District Council 3.3 Khasi Hills Autonomous District Council 4 In Mizoram 4.1 Chakma Autonomous District Council 4.2 Lai Autonomous District Council 4.3 Mara Autonomous District Council 5 In Tripura 5.1 Tripura Tribal Areas Autonomous District Council 6 In West Bengal 6.1 Gorkhaland Territorial Administration 7 De facto autonomous areas 7.1 North Sentinel Island 8 See also 9 References 10 External links

In !ssam[edit]
Bodoland Territorial Council[edit]
Main article: Bodoland The Bodoland Territorial Council (BTC) has legislative, administrative, executive and financial powers over 40 policy areas in the Bodoland Territorial Areas Districts comprising four districts of Assam. It was established in 2003 following a peace agreement between the

Government of India and Bodo rebels and is functioning since 2003 under the provision of the Sixth Schedule of the Constitution of India.

Karbi Anglong Autonomous Council[edit]

Main article: Karbi Anglong District The Karbi Anglong Autonomous Council (KAAC) is an autonomous council in the district constituted under the provision of the Sixth Schedule of the Constitution of India.

Dima Hasao Autonomous District Council[edit]

Main article: Dima Hasao district The Dima Hasao Autonomous District Council (formerly North Cachar Hills Autonomous District Council) is an autonomous council constituted under the provisions of the Sixth Schedule of the Constitution of India to administer the district.

Rabha Hasong Autonomous Council (RHAC)[edit]

An Autonomous Council have been constituted under the style - Rabha Hasong Autonomous Council with its headquarters at Dudhnai town. The jurisdiction of this council extents up to Rani area of Kamrup district and except some parts of Matia, Balijana and Lakhipur revenue Circles, it embraces almost the entire district of Goalpara. The autonomous council has been created to fulfill the longstanding demands of the Rabha people of the area. However, as the council is constituted only for the Ravas, the Tribals like the Bodos, the Garos, the Kochs, the Rajbongsis and others who constitute more than half of the population of Hasong area have been left out from the benefit of the council. As a result of this, there is a growing demand for Autonomous district council comprising all Tribal groups of these areas. [2]

Mishing Autonomous Council(MAC)[edit]

Its headquarters is in Gogamukh, Dhemaji District of Assam.

Tiwa Autonomous Council (TAG)[edit] Deori Autonomous Council (DAC)[edit] Thengal Kachari Autonomous Council (TKAC)[edit] Sonowal Kachari Autonomous Council (SKAC)[edit]

In 'ammu and 1ashmir[edit]

Ladakh Autonomous Hill Development Council, Kargil[edit]
Main article: Ladakh Autonomous Hill Development Council, Kargil Kargil is a district of Ladakh, Kashmir, India. Kargil lies near the Line of Control facing Pakistan-administered Kashmir's Baltistan to the west, and Kashmir valley to the south.

Following demands of Ladakhi people to make the district a new Indian union territory because of its religious and cultural differences with Kashmir. The government of India formed the Ladakh Autonomous Hill Development Council (LAHDC), which governs the area with limited autonomy.

Ladakh Autonomous Hill Development Council, Leh[edit]

Main article: Ladakh Autonomous Hill Development Council, Leh Leh is one of the two districts of Ladakh. Following widespread agitations to make it a Union Territory of India due to the cultural and liguistic differences with Kashmir the government of India formed the Ladakh Autonomous Hill Development Council (LAHDC), which governs this area with limited political autonomy. The first elections for the LAHDC were held in the year 1995.

In (e"halaya[edit]
Garo Hills Autonomous District Council[edit]
Main article: Garo Hills Autonomous District Council The Garo Hills Autonomous District Council (GHADC) is seated at Tura and covers East Garo Hills district, West Garo Hills district and South Garo Hills.

Jaintia Hills Autonomous District Council[edit]

Main article: Jaintia Hills Autonomous District Council The Jaintia Hills Autonomous District Council (JHADC) is seated at Jowai and covers the Jaintia Hills district.

Khasi Hills Autonomous District Council[edit]

Main article: Khasi Hills Autonomous District Council The Khasi Hills Autonomous District Council (KHADC) covers West Khasi Hills district, East Khasi Hills district and Ri Bhoi district.

In (i2oram[edit]
Chakma Autonomous District Council[edit]
Main article: Chakma Autonomous District Council Chakma Autonomous District Council (CADC) is an autonomous council for the Chakma people living in the south-western part of Mizoram.

Lai Autonomous District Council[edit]

Main article: Lai Autonomous District Council

Lai Autonomous District Council (LADC) is an autonomous council for the Lai people in the South-eastern part of Mizoram.

Mara Autonomous District Council[edit]

Main article: Mara Autonomous District Council Mara Autonomous District Council (MADC) is an autonomous council for the Mara people living in the Southern part of Mizoram.

In *ripura[edit]
Tripura Tribal Areas Autonomous District Council[edit]
Main article: Tripura Tribal Areas Autonomous District Council The Tripura Tribal Areas Autonomous District Council (TTAADC) is an independent council administering the tribal areas of the state of Tripura. Its council and assembly are situated in Khumulwng, a town 20 km outside Agartala, the state capital.

In 3est /en"al[edit]
Gorkhaland Territorial Administration[edit]
Main article: Gorkhaland Territorial Administration Gorkhaland Territorial Administration (GTA) is a semi-autonomous administrative body for the Darjeeling hills in West Bengal, India. The GTA replaced the Darjeeling Gorkha Hill Council, which was formed in 1988 and administered the Darjeeling hills for 23 years. [3] GTA presently has three hill subdivisions Darjeeling, Kalimpong, and Kurseong and some areas of Siliguri subdivision under its authority.[4]

&e facto autonomous areas[edit]

North Sentinel Island[edit]
North Sentinel Island is situated in the island chain of the Andaman and Nicobar Islands which is a union territory of India. It is home to the Sentinelese, who are some of the world's last uncontacted peoples. They reject any contact with other people and are among the last people to remain virtually untouched by modern civilization. Because there has never been any treaty with the people of the island nor any record of a physical occupation whereby the people of the island have conceded sovereignty the island exists in a curious state of limbo under established international law and can be seen as a sovereign entity under Indian protection. The local government (Andaman and Nicobar Islands) has recently [5] stated that they have no intention to interfere with the Sentinelese's lifestyle or habitat. Although the island is likely

to have suffered seriously from the effects of the December 2004 tsunami, the survival of the Sentinelese was confirmed when, some days after the event, an Indian government helicopter observed several of them, who fired arrows at the hovering aircraft to repel it. Although this has not been done with any formal treaty, the official policy of minimal interference has ensured that they have de facto autonomy and sovereignty over their island under the framework of the Indian and local governments. [6]

See also[edit]

States and territories of India List of autonomous areas by country

References[edit]
1. 2. 3. Jump up^ [Articles 244(2) and 275(1)]. Constitution of India. Jump up^ http://goalpara.gov.in/rabha_hasong.htm Jump up^ "Gorkhaland Territorial Administration Agreement signed". Outlook. July 18, 2011. Retrieved 16 March 2012. 4. Jump up^ "Pact signed for Gorkhaland Territorial Administration". The Hindu. July 18, 2011. Retrieved 16 March 2012. 5. 6. Jump up^ The Sentineli. Jump up^ Administration in India's Andaman and Nicobar Islands has finally decided upon a policy of minimal interference

45ternal lin)s[edit]