Polity (CDS-Solved Paper)

Article 370 of the Indian Constitution was an article that grants special autonomous status to the State of Jammu and Kashmir. The article was drafted in Part XXI of the Constitution, which relates to Temporary, Transitional and Special Provisions.

The Government of India abrogated the Article 370 in August 2019, thus making all the provision of the Indian Constitution applicable to Jammu and Kashmir.

Sixth Schedule to the Constitution of India provides for setting up of Autonomous Districts Council.

The Constitution of India makes special provisions for the administration of the tribal dominated areas in four states viz. Assam, Meghalaya, Tripura and Mizoram.

As per Article 244 and sixth Schedule, these areas are called ‘Tribal Areas’.The Sixth Schedule envisages establishment of Autonomous District Councils (ADCs).

The tenure of the elected members of the Autonomous District Council is five years from the date appointed for the first meeting of the Council after the election. They are known as MDC (Member of the District Council).

The Sixth Schedule to the Constitution empowers the Governor to determine the administrative areas of the autonomous councils.

Each district council or regional council provided under the Sixth Schedule is a corporate body by name of District Council or Regional Council of (name of the district or name of the region) having perpetual succession and a common seal with the right to sue and be sued.

The Comptroller and Auditor General shall cause the accounts of District and Regional Councils to be audited in such manner as he may think fit, and the reports of the Comptroller and Auditor General relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the council.

The Sixth Schedule of the Constitution of India also envisages audit of accounts of district and regional councils of autonomous regions by the Comptroller and Auditor General of India (CAG).

Governor has the power of annulment of suspension of Acts and resolutions of the autonomous district and regional council.

The Governor also has power to include any other area, exclude any area, increase, decrease, diminish these areas, unite two districts/regions, and alter the names and boundaries of these autonomous district councils.

Governors of four states viz. Assam, Meghalaya, Tripura and Mizoram are empowered to declare some tribal dominated districts/areas of these states as autonomous districts and autonomous regions by order. No separate legislation is needed for this.

Under Article 151 of Constitution, the reports of the Comptroller and Auditor-General (CAG) of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

Governor is the Head of the State, as President being the head of the country. He enjoys executive, legislative as well as judicial functions. Diplomatic and Military powers not related to the powers of Governor.
Following are the powers and duties performed by Governor in states are
(i) They have power to appoint Advocate General.
(ii) They can summoning, proroguing and dissolving State Legislature.
(iii) They have power to grant pardons, reprieves, respites or remission of punishments.

To discuss state matters in general condition does not lie under procedure and conduct of business of Parliament. Under Article 246 of the Constitution, Parliament has right to make laws on Union list and Concurrent list of Schedule seven.

Parliament can discuss the issue of Police action against the Schedule Castes and Tribes under the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. Issue of Industrial labours come under Concurrent list, so it can be discussed in Parliament.

Parliament can also discuss issues in dealing with violent disturbances in an undertaking under the control of the Union Government.

Appointment of the Regional Commission in the performance of the functions conferred on the Commission is not done by the Election Commission of India.