PUDUCHERRY; DELHI

The territory of Puducherry comprises the former French establishments in India known as Puducherry, Karaikal, Mahe and Yanam. A treaty of cession was signed by India and France in 1956. Until 1962, when the French Parliament ratified the agreement, it was given the status of an ‘acquired territory’. It finally got the status of a Union Territory in 1962, when India and France exchanged instruments of ratification under which France ceded to India full sovereignty over the territories it held. Further, in 2006, the Parliament passed a Bill to rename the Union Territory of Pondicherry as Puducherry in response to the wishes of the people of the Union Territory.

For the Union Territory of Pondicherry, the Parliament has by enacting a law, viz. Pondicherry (Administration) Act, 1962 under Art. 239A made provision for a legislature etc.

By an amendment to the constitution two new articles, viz. 239AA and 239AB were inserted in 1992 providing for a legislature and a ministry for Delhi, which has been named as National

Capital Territory of Delhi by Art. 239AA.

The establishment of legislatures in the union territories does not diminish the supreme control of the president and Parliament over them.

♤ The Parliament can make laws on any subject of the three lists (including the State List) for the union territories. This power of Parliament also extends to Puducherry and Delhi

♤ But, the legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List.

♤ Similarly, the legislative assembly of Delhi can make laws on any subject of the State List (except public order, police and land) and the Concurrent List

Union Territories other than Delhi, Puducherry and J&K, do not have legislatures. They are centrally administrated areas, to be governed by the President, acting through an ‘Administrator’ appointed by him, and issuing Regulations for their good government [Arts. 239- 240].

Should statehood be granted to Delhi?

YES

♤ In 1991, when the 69th Amendment created the Legislative Assembly of Delhi, the city’s population was much smaller. Today, there are nearly two crore people in Delhi and nowhere in any democracy are two crore people represented by a government with restricted powers.

♤ With time, Goa, Manipur, Himachal Pradesh and Tripura have also been granted statehood after some transition time

♤ It would also provide equal right of people for representation and self-governance.

♤ An elected government representing a massive population need to have a say in law and order and land management.

♤ The support for full statehood has not been a national compulsion, but a call fuelled by Delhi’s local political ambitions and Delhi is the national capital and must necessarily be viewed from the prism of the interests of the entire country.

♤ Delhi is home to vital institutions such as the president’s estate, the Parliament and foreign embassies which are the sole responsibility of the Union Government and not of any one particular state legislative assembly

♤ Indian government must have some territory under its control; it cannot possibly be an occupant or a tenant of a state government.

♤ India’s national capital belongs to every citizen of the country and not just those who reside in the city.