Question

Consider the following statements regarding the territorial jurisdiction of legislation under the Indian Constitution.

(i) The Parliament’s laws are not applicable in the scheduled areas of a state unless directed by the Governor.
(ii) The President can make regulations for Union Territories like Puducherry only when its Assembly is suspended or dissolved.
(iii) The Governor of Assam can direct that an act of Parliament does not apply to tribal areas in the state with specified modifications.

• A. (i) and (ii) only
• B. (ii) and (iii) only
• C. (i) and (iii) only
• D. All of the above

Answer 1

Answer:

B. (ii) and (iii) only

Territorial Jurisdiction of Legislation in India

• The Indian Constitution provides for a complex system of territorial jurisdiction, ensuring that laws are applied appropriately across different regions, including special areas like Scheduled Areas, Tribal Areas, and Union Territories.

Regarding Statement (i): Application of Parliament’s Laws in Scheduled Areas

• The statement claims Parliament’s laws are not applicable in Scheduled Areas unless directed by the Governor. This is incorrect.
• The application of laws in Scheduled Areas is governed by the Fifth Schedule of the Indian Constitution.
• Key Provision: Paragraph 5(1) of the Fifth Schedule states that the Governor of a state may, by public notification, direct that any particular Act of Parliament or of the State Legislature shall not apply to a Scheduled Area, or shall apply subject to specified exceptions and modifications.
• This means that generally, parliamentary laws are applicable to Scheduled Areas. However, the Governor has the power to modify or restrict their application, or even prevent them from applying. The statement reverses this default position.
• Aim of the Fifth Schedule: It aims to protect the cultural identity and traditional practices of tribal communities by giving the Governor special powers to adapt laws to their unique circumstances.

Regarding Statement (ii): President’s Power to Make Regulations for Union Territories

• The statement asserts that the President can make regulations for Union Territories like Puducherry only when its Assembly is suspended or dissolved. This is correct.
• This power is derived from Article 240 of the Indian Constitution.
• Key Provision: Article 240 grants the President the power to make regulations for the peace, progress, and good government of certain Union Territories, including Puducherry, Lakshadweep, Andaman and Nicobar Islands, and Dadra and Nagar Haveli and Daman and Diu.
• Proviso for Puducherry: The proviso to Article 240(1) specifically states that when a legislative body (Assembly) is constituted for Puducherry under Article 239A, the President's power to make regulations under Article 240 for that territory is suspended from the date of the first meeting of the Legislature.
• Consequently, the President can exercise this power for Puducherry only when its Legislative Assembly is not functioning, i.e., when it is suspended or dissolved.

Regarding Statement (iii): Governor of Assam's Power in Tribal Areas

• The statement suggests that the Governor of Assam can direct that an act of Parliament does not apply to tribal areas in the state or applies with specified modifications. This is correct.
• This provision falls under the Sixth Schedule of the Indian Constitution, which deals with the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• Key Provision: Paragraph 12(1)(b) of the Sixth Schedule explicitly empowers the Governor of Assam to direct, by public notification, that any Act of Parliament or of the Legislature of the State of Assam shall not apply to an autonomous district or autonomous region in that State, or shall apply subject to such exceptions or modifications as he may specify.
• While District Councils and Regional Councils also have similar powers under Paragraph 12(1)(a), the Governor also possesses this authority under Paragraph 12(1)(b).
• Purpose of the Sixth Schedule: It aims to provide greater autonomy and self-governance to tribal areas through Autonomous District Councils (ADCs) and Regional Councils, allowing for the adaptation of central and state laws to suit local tribal customs and traditions.