Relevance: GS Paper II – Social Justice | GS Paper I – Society
For Prelims:
Intellectual Disability, RPwD Act 2016, Rehabilitation Institutions, Tirupati, Community Care, Disability Inclusion
For Mains:
- Disability inclusion, Social stigma, Gandhian philosophy, Antyodaya, Sarvodaya, Inclusive development, Rights-based approach, Community participation, Social justice, Human dignity, Welfare governance
Why in News?
- Akshaya Kshetram, a residential home for persons with intellectual disabilities near Tirumala.It has completed 30 years of service and is planning outreach initiatives including awareness campaigns and a 5 km walk to promote inclusion and reduce stigma.
About Akshaya Kshetram
- Akshaya Kshetram is a social welfare institution providing residential care to around 100 persons with intellectual disabilities.
- It operates two ashrams at Durgasamudram and Renigunta, supported by about 30 staff members, ensuring round-the-clock care.
Historical Background and Gandhian Linkages
Founded on October 2, 1996, the birth anniversary of Mahatma Gandhi, the institution reflects Gandhian ideals of service and compassion.
The founders were guided by:
- Antyodaya – prioritising the most marginalized (abandoned individuals)
- Sarvodaya – welfare of all sections of society
- Seva and Trusteeship – moral responsibility towards vulnerable groups
Initially a daycare centre, it expanded into a full residential facility responding to the growing issue of abandonment of persons with disabilities.
Institutional Framework and Services
The institution provides:
- Long-term residential care
• Daily living assistance and supervision
• Emotional and social support
• Safe shelter for abandoned individuals
This reflects a support-based welfare model, bridging gaps between family and state support systems
Social Issues Highlighted
Abandonment of Persons with Disabilities
Lack of awareness and support leads to abandonment, especially in pilgrimage areas like Tirumala.
Social Stigma
Deep-rooted prejudices result in exclusion and marginalisation.
Lack of Institutional Support Systems
Limited access to formal rehabilitation services increases dependence on NGOs
Constitutional, Legal and Ethical Foundations of Disability Welfare
1. Constitutional Foundations
Article 21
Guarantees right to life with dignity, which includes care, protection, and humane treatment of persons with disabilities
Article 41 (DPSP)
Directs the State to provide assistance in cases of disability, unemployment, and old age
Article 46
Promotes protection of weaker sections and ensures social justice
These provisions collectively establish a welfare-oriented constitutional mandate
2. Legal Framework
Rights of Persons with Disabilities Act, 2016 (RPwD Act)
- Expands recognised disabilities from 7 to 21 categories
• Ensures equality, dignity, and non-discrimination
• Mandates inclusive education, employment, and accessibility
3. Policy and Scheme Linkages
Accessible India Campaign (Sugamya Bharat Abhiyan)
Focuses on accessibility in public infrastructure and services
Deendayal Disabled Rehabilitation Scheme (DDRS)
Provides financial support to NGOs working for persons with disabilities
National Trust Act, 1999
Supports welfare of persons with autism, cerebral palsy, mental retardation, and multiple disabilities
4. International Framework
UN Convention on the Rights of Persons with Disabilities (UNCRPD)
- India is a signatory
• Emphasises dignity, autonomy, and inclusion
• Promotes shift from charity-based to rights-based approach
5. Ethical and Philosophical Dimension
Akshaya Kshetram reflects:
- Human dignity and compassion (core ethical values)
• Inclusive society (no exclusion based on ability)
• Gandhian ethics of service and equality
Role in Community and Awareness
The institution actively works to:
- Reduce stigma around intellectual disabilities
• Promote awareness through outreach programmes
• Encourage families to accept children with disabilities
• Build inclusive social attitudes
This reflects community-based social transformation, not just institutional care
Challenges
- The functioning of institutions like Akshaya Kshetram highlights several structural and societal challenges that continue to affect disability welfare in India.
- Limited funding remains a major constraint, as such institutions largely depend on donations and philanthropic contributions, making long-term financial sustainability uncertain.
- The growing number of persons requiring care, especially those abandoned or without family support, places pressure on limited institutional capacity, leading to resource and infrastructure constraints.
- Persistent social stigma associated with intellectual disabilities continues to discourage family acceptance and community integration, thereby reinforcing cycles of exclusion.
- Dependence on voluntary efforts and non-state actors reflects gaps in formal state-led rehabilitation systems, indicating uneven implementation of welfare policies on the ground.
Way Forward
- Addressing these challenges requires a multi-dimensional approach combining state support, community participation, and policy implementation.
- Strengthening partnerships between government and civil society organisations can ensure better resource mobilisation, institutional support, and policy outreach at the grassroots level.
- Promoting community-based rehabilitation models is essential to shift from institutionalisation towards inclusion, enabling persons with disabilities to live within family and community settings.
- Enhancing awareness through education, media campaigns, and outreach programmes can help reduce stigma and promote acceptance of persons with intellectual disabilities in society.
- Ensuring effective implementation of the Rights of Persons with Disabilities Act, 2016, along with schemes like DDRS and Accessible India Campaign, is crucial to translate legal provisions into tangible outcomes.
Conclusion
Akshaya Kshetram stands as a significant example of how civil society initiatives can translate constitutional ideals, Gandhian philosophy, and rights-based frameworks into meaningful action. Its work extends beyond providing care to addressing deeper societal issues such as stigma, exclusion, and lack of awareness. By promoting dignity, inclusion, and social acceptance, such institutions contribute to the realization of an inclusive and humane society envisioned in the Constitution.
CARE MCQ
Q.With reference to disability welfare in India, consider the following statements:
- The Rights of Persons with Disabilities (RPwD) Act, 2016 promotes equality and non-discrimination.
- Article 41 of the Constitution directs the State to provide assistance in cases of disability.
- The UN Convention on the Rights of Persons with Disabilities (UNCRPD) promotes a rights-based approach to disability.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only
Ans: (a)
Explanation:
Statement 1 is correct: The RPwD Act, 2016 marks a shift from a welfare approach to a rights-based framework, ensuring equality, dignity, and non-discrimination for persons with disabilities, in line with international commitments.
Statement 2 is correct: Article 41, part of the Directive Principles of State Policy, directs the State to make effective provisions for securing public assistance in cases of disability, within its economic capacity.
Statement 3 is correct: The UNCRPD emphasizes a rights-based approach, recognizing persons with disabilities as rights-holders, focusing on inclusion, accessibility, and full participation in society.
Q.Consider the following statements regarding the evolution of Article 21 and socio-economic rights:
Statement 1: In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that the ‘right to life’ under Article 21 includes the right to livelihood.
Statement 2: In Mohini Jain v. State of Karnataka (1992), the Supreme Court declared the ‘right to work’ as a fundamental right enforceable under Article 21.
Which one of the following is correct?
(a) Both Statement 1 and Statement 2 are correct and Statement 2 is the correct explanation for Statement 1
(b) Both Statement 1 and Statement 2 are correct and Statement 2 is not the correct explanation for Statement 1
(c) Statement 1 is correct but Statement 2 is incorrect
(d) Statement 1 is incorrect but Statement 2 is correct
Ans: (c)
Explanation:
Statement 1 is correct: In Olga Tellis (1985), the Supreme Court held that the right to livelihood is an integral part of the right to life under Article 21, since life cannot be sustained without means of living. This marked a major step in expanding Article 21 to include socio-economic dimensions.
Statement 2 is incorrect: In Mohini Jain (1992), the Court recognized the right to education as a part of Article 21, not the right to work. The right to work is not a fundamental right; it remains a Directive Principle under Article 41, subject to the State’s economic capacity.
Q. Consider the following statements regarding the judicial interpretation of Article 21:
Statement 1: In A.K. Gopalan v. State of Madras (1950), the Supreme Court held that ‘procedure established by law’ need not satisfy tests of fairness or reasonableness.
Statement 2: In Maneka Gandhi v. Union of India (1978), the Supreme Court held that such procedure must be just, fair, and reasonable, thereby expanding the scope of Article 21.
Which one of the following is correct?
(a) Both Statement 1 and Statement 2 are correct and Statement 2 is the correct explanation for Statement 1
(b) Both Statement 1 and Statement 2 are correct and Statement 2 is not the correct explanation for Statement 1
(c) Statement 1 is correct but Statement 2 is incorrect
(d) Statement 1 is incorrect but Statement 2 is correct
Ans: (a)
Explanation:
Statement 1 is correct: In A.K. Gopalan (1950), the Court adopted a narrow and literal interpretation, holding that any law enacted by the legislature would suffice, irrespective of its fairness.
Statement 2 is correct: In Maneka Gandhi (1978), the Court overruled this restrictive view and held that the ‘procedure’ must be just, fair, and reasonable, thereby introducing elements of due process into Article 21.
Link between Statement 1 and 2: Statement 2 explains the transformative shift from the restrictive interpretation in Gopalan to the expansive and rights-oriented interpretation in Maneka Gandhi, making it the correct explanation.
FAQs
Q1. Which constitutional article supports disability welfare?
Article 41 under DPSPs.
Q2. What is the key law for disability rights in India?
Rights of Persons with Disabilities Act, 2016.
Q3. What is Antyodaya?
Gandhian principle focusing on upliftment of the last person.
Q4. What is UNCRPD?
An international convention promoting rights of persons with disabilities.
Q5. What is the key issue highlighted?
Social stigma and abandonment of persons with intellectual disabilities.
Relevance: GS Paper III – Science & Technology
For Prelims:
Gaganyaan Mission, LEO (400 km), LVM3, Crew Module, Service Module, Aerobraking, Splashdown, Crew Escape System, Vyommitra, Thermal Protection System
For Mains:
- Human spaceflight capability, Indigenous technology, Crew safety architecture, Re-entry dynamics, Microgravity research, Space diplomacy, Strategic technology development.
Why in News?
- ISRO has recently elaborated the detailed mechanism for the safe return of astronauts in the Gaganyaan mission, including re-entry trajectory, aerobraking, parachute deployment, splashdown, and naval recovery.
- The safe return phase is considered the most complex and risk-prone stage of human spaceflight.
- It involves high-speed deceleration, thermal protection, and precise coordination between space and ground agencies.
Gaganyaan Mission:
- Gaganyaan is India’s first human spaceflight programme aimed at sending a crew of three astronauts to Low Earth Orbit (approximately 400 km altitude) for a duration of up to three days and ensuring their safe return to Earth.
- The mission is structured in phases, including multiple unmanned test missions followed by a crewed mission.
- The programme is designed to validate critical technologies such as human-rated launch systems, life support systems, crew escape mechanisms, and re-entry systems.
- Successful execution will place India among a select group of countries — the United States, Russia, and China — with independent human spaceflight capability.
Objectives of the Mission
- The primary objective is to demonstrate India’s indigenous capability in human spaceflight, including safe launch, orbit, and return.
- The mission aims to establish a long-term human space exploration programme, enabling future missions such as space stations and deep-space exploration.
- It also seeks to promote microgravity research by enabling experiments in areas such as biotechnology, pharmaceuticals, fluid dynamics, and materials science.
- Another objective is the development of advanced technologies, including human-rated systems, crew safety protocols, and environmental control systems.
Mission Architecture and Key Components
Human-Rated LVM3 Launch Vehicle
The mission uses a modified version of the LVM3 rocket, specifically human-rated to meet stringent safety and reliability standards.
It consists of three propulsion stages: solid, liquid, and cryogenic.
Additional safety features include redundancy systems and crew escape provisions.
Orbital Module (OM)
The Orbital Module comprises two major components:
Crew Module (CM)
The Crew Module is the habitable section where astronauts reside during the mission.
It has a double-walled structure consisting of a pressurized inner shell and an outer structure equipped with a Thermal Protection System.
It houses life support systems, avionics, navigation systems, communication interfaces, and deceleration systems.
It is specifically designed for safe re-entry and landing.
Service Module (SM)
The Service Module provides propulsion, power supply, thermal regulation, and other support functions during the orbital phase.
It is unpressurized and separates before re-entry.
Crew Escape System (CES)
The Crew Escape System is designed to rapidly pull the crew module away from the launch vehicle in case of failure during launch or ascent.
It has been validated through test missions such as TV-D1 (Test Vehicle Abort Mission).
Life Support System
The Environmental Control and Life Support System ensures an Earth-like environment by regulating oxygen supply, temperature, humidity, pressure, and waste management.
It also includes emergency support and crew survival mechanisms.
Astronaut Training and Simulation
Astronauts undergo extensive training including microgravity familiarization, survival training, and simulator-based mission practice.
ISRO has also developed Vyommitra, a humanoid robot, to test systems during unmanned missions.
Phases of Gaganyaan Programme
The mission follows a phased approach to ensure safety and reliability.
- Testing Phase includes Integrated Air Drop Tests (IADT) for parachute validation, Pad Abort Tests for emergency escape, and Test Vehicle flights for abort scenarios.
- Unmanned Missions are conducted to test system performance, reliability, and crew safety mechanisms using advanced instrumentation and Vyommitra.
- Manned Mission will be conducted after successful validation of all systems.
How Astronauts Return Safely
The return phase involves multiple precisely coordinated steps to reduce velocity from approximately 7.8 km/s to safe landing speeds.
De-orbit Burn
The Crew Module separates from the Service Module and performs a controlled de-orbit burn to initiate descent.
Re-entry and Aerobraking
The module enters Earth’s atmosphere at a carefully calculated angle.
Aerobraking uses atmospheric drag to reduce velocity, converting kinetic energy into heat.
This phase accounts for the majority of deceleration.
Thermal Protection System
The heat shield absorbs and dissipates extreme heat generated during re-entry, protecting astronauts from temperatures exceeding 1500°C.
Parachute Deployment
A multi-stage parachute system is deployed in sequence:
Pilot and drogue parachutes stabilize and reduce speed initially.
Main parachutes further reduce velocity to safe landing levels.
Deployment occurs at lower altitudes (around 12 km) to avoid structural damage.
Splashdown in Sea
The Crew Module lands in the Bay of Bengal.
Sea landing is preferred due to its ability to absorb higher impact velocities (7–9 m/s compared to 1–2 m/s on land).
Recovery Operations
The Indian Navy conducts recovery using ships, helicopters, and divers.
Flotation devices keep the module stable.
Tracking systems including GPS, beacons, fluorescent dye, and strobe lights help locate the module.
Astronauts are safely extracted and transported for medical evaluation.
Scientific and Technical Concepts
- Aerobraking is the process of reducing spacecraft velocity using atmospheric drag, minimizing fuel requirements.
- Kinetic Energy Dissipation involves converting motion energy into heat during atmospheric entry.
- Multi-stage Parachute System ensures gradual deceleration and stability, preventing structural failure.
Challenges in Human Spaceflight
- Ensuring crew safety under extreme thermal and mechanical stress remains the most critical challenge.
- Precision in re-entry trajectory is essential; even minor deviations can result in mission failure.
- Developing indigenous human-rated systems requires extensive testing and validation.
- Creating a regenerative life support system for long-duration missions is technologically complex.
- Astronauts face physiological challenges such as radiation exposure, microgravity effects, and psychological stress.
Significance of the Mission
- Gaganyaan represents a major advancement in India’s technological and strategic capabilities.
- It strengthens India’s position in global space exploration and enhances space diplomacy.
- The mission promotes scientific research through microgravity experiments.
- It generates economic benefits through technological spin-offs and industry growth.
- It also inspires youth and contributes to the development of a scientific mindset.
Way Forward
- Continued testing of safety systems and re-entry technologies is essential.
- Strengthening collaboration with international space agencies can enhance technological capabilities.
- Expansion of microgravity research programmes will maximize scientific outcomes.
- Development of reusable and long-duration mission technologies will support future space exploration.
Conclusion
Gaganyaan is a comprehensive human spaceflight programme that integrates advanced launch systems, life support technologies, and safe return mechanisms. The detailed re-entry and recovery process demonstrates India’s growing expertise in complex space missions. Successful execution will not only ensure astronaut safety but also mark a transformative step in India’s journey towards becoming a major space power.
CARE MCQ
Q.With reference to the Gaganyaan Mission, consider the following statements:
- The Crew Module is responsible for re-entry and safe landing.
- Aerobraking reduces spacecraft velocity using atmospheric drag.
- The Crew Escape System operates only during the re-entry phase.
Which of the above statements are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (a)
Explanation:
Statement 1 is correct: The Crew Module is the habitable part of the spacecraft that carries astronauts and is designed for re-entry, descent, and safe landing, including heat shielding and parachute systems.
Statement 2 is correct: Aerobraking is a technique used to slow down spacecraft by utilizing atmospheric drag, thereby reducing velocity without consuming additional fuel during re-entry or orbital adjustments.
Statement 3 is incorrect: The Crew Escape System (CES) is designed for emergency situations during launch or ascent, enabling rapid separation of the crew module from the launch vehicle. It does not operate during the re-entry phase.
Q. Consider the following statements regarding Crew Escape System (CES) technologies in human spaceflight missions:
Statement 1: The Crew Escape System in Gaganyaan uses liquid-propellant hypergolic thrusters for controlled thrust during escape.
Statement 2: Pyrotechnic bolts and explosive devices are used for rapid separation of the crew module in emergencies.
Which one of the following is correct?
(a) Both Statement 1 and Statement 2 are correct and Statement 2 explains Statement 1
(b) Both Statement 1 and Statement 2 are correct but Statement 2 does not explain Statement 1
(c) Statement 1 is correct but Statement 2 is incorrect
(d) Statement 1 is incorrect but Statement 2 is correct
Ans: (d)
Explanation:
Statement 1 is incorrect: The Gaganyaan Crew Escape System uses solid rocket motors, not liquid-propellant thrusters. Solid motors provide very high thrust instantly, which is critical for quick escape during launch emergencies.
Statement 2 is correct: Pyrotechnic bolts and explosive nuts are standard aerospace mechanisms used for instantaneous separation of spacecraft components, ensuring rapid detachment of the crew module from the launch vehicle in case of failure.
Q.Consider the following statements regarding the Gaganyaan Mission:
- It aims to orbit at an altitude of around 400 km in Low Earth Orbit.
- The mission will use the PSLV launch vehicle.
- A humanoid robot named ‘Vyommitra’ is part of the mission.
- Its objective is to land astronauts on the Moon.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) Only three
(d) All four
Ans: (b)
Explanation:
Statement 1 is correct: The Gaganyaan Mission aims to send Indian astronauts to Low Earth Orbit (~400 km altitude) and bring them back safely, marking India’s first human spaceflight mission.
Statement 2 is incorrect: The mission will use the LVM3 (GSLV Mk III), which has been human-rated for crew safety. PSLV is primarily used for satellite launches and is not designed for human missions.
Statement 3 is correct: Vyommitra, a female humanoid robot developed by ISRO, will be sent on uncrewed missions to test life-support systems and crew module performance before human flight.
Statement 4 is incorrect: The mission is limited to Low Earth Orbit and does not involve a lunar landing, which is a separate domain of space exploration (e.g., Chandrayaan missions).
Q. Consider the following statements regarding Aditya-L1 Mission:
- It is India’s first space-based observatory mission dedicated to studying the Sun.
- It is ISRO’s second astronomy observatory-class mission after AstroSat.
- Its journey duration is shorter compared to the Mars Orbiter Mission.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (d)
Explanation:
Statement 1 is correct: Aditya-L1 is India’s first dedicated solar mission, positioned at the L1 Lagrange point (~1.5 million km) to continuously observe the Sun.
Statement 2 is correct: It is ISRO’s second observatory-class mission after AstroSat (2015), which studied celestial objects across multiple wavelengths.
Statement 3 is correct: The mission takes about 125 days to reach L1, which is significantly shorter compared to the Mars Orbiter Mission (Mangalyaan) that took around 300 days, due to different orbital trajectories and distances.
FAQs
Q1. What is the main objective of Gaganyaan Mission?
To demonstrate India’s capability to send humans to space and bring them back safely.
Q2. Why is re-entry the most critical phase?
Because of extreme heat, high speed, and need for precise trajectory control.
Q3. What is the role of Crew Module?
It houses astronauts and ensures safe re-entry and landing.
Q4. What is Vyommitra?
A humanoid robot used in unmanned missions to test systems.
Q5. Why is splashdown preferred over land landing?
Because water absorbs impact energy, reducing risk to astronauts.
Relevance: GS Paper II – Polity & Governance
For Prelims:
Union Territory (UT), Article 239, Article 239A, Article 239AA, Article 239AB, Article 240, Article 241, Article 246(4), Government of Union Territories Act 1963, Jammu and Kashmir Reorganisation Act 2019, 69th Constitutional Amendment Act 1991, 14th Constitutional Amendment Act 1962, National Capital Territory (NCT), Lieutenant Governor (LG), Legislative Assembly (UT), Public Order, Police, Land (Reserved Subjects), Parliamentary Supremacy
For Mains:
- Asymmetrical federalism, Quasi-federal structure, Union control over UTs, Legislative competence, Distribution of powers, LG vs Council of Ministers, Aid and advice principle, Discretionary powers of LG, Centre–State relations, Administrative federalism, Political centralisation, State-like autonomy vs limited autonomy, Institutional conflict, Governance friction in Delhi, Post-Article 370 reorganisation, Centralisation in Jammu & Kashmir, Parliamentary override (Article 246(4)), Democratic representation vs executive control, Hybrid governance model, Constitutional design of UTs
Why in News?
- As elections take place in Puducherry, attention has turned to the governance structure of Union Territories (UTs) with legislatures.
- Puducherry, Delhi, and Jammu & Kashmir are the only UTs with elected governments, yet their constitutional status, legislative powers, and administrative control differ significantly.
- These differences reflect India’s flexible and asymmetrical federal framework.
Understanding UTs with Legislature: The Broader Context
- India’s Constitution allows certain Union Territories to have elected governments, but unlike States, their powers are not uniform.
- The President administers UTs under Article 239, but Parliament can create legislatures for some UTs, resulting in varying degrees of autonomy.
- Puducherry, Delhi, and Jammu & Kashmir represent three distinct models of governance within this framework, shaped by history, politics, and constitutional design.
Puducherry Model: A Legislature Created by Law, Not Directly by Constitution
- Puducherry’s governance structure originates from its colonial past as a French territory, which was formally integrated into India in 1962.
- To accommodate its unique context, Article 239A was introduced by the 14th Constitutional Amendment Act, 1962.
- However, Article 239A itself does not create a legislature; it merely empowers Parliament to establish one.
- This was done through the Government of Union Territories Act, 1963, which forms the real legal foundation of Puducherry’s political system.
- Under this framework, Puducherry has a unicameral Legislative Assembly consisting of both elected and nominated members.
- The elected government, headed by the Chief Minister, exercises executive authority through a Council of Ministers.
- The Lieutenant Governor (LG), appointed by the President, acts as the administrator but is generally expected to function on the aid and advice of the Council of Ministers.
- The Supreme Court, in K. Lakshminarayanan v. Union of India (2019), clarified that the LG cannot act independently in routine administrative matters and must respect the elected government’s decisions.
- At the same time, Puducherry’s autonomy is not absolute. Under Article 246(4), Parliament retains overriding legislative power over Union Territories, meaning any law passed by the Puducherry Assembly can be overridden by Parliament.
- This makes Puducherry the closest among UTs to a State-like system, but still firmly within Union control.
Delhi Model: Constitutional Status with Structural Power Conflict
- Delhi’s governance structure is fundamentally different. It derives its status from the 69th Constitutional Amendment Act, 1991, which introduced Article 239AA and designated Delhi as the National Capital Territory (NCT).
- Unlike Puducherry, Delhi’s legislature is directly provided for in the Constitution. However, this constitutional status comes with clear limitations.
- The Delhi Legislative Assembly does not have authority over key subjects such as public order, police, and land, which remain under the control of the Union Government through the Lieutenant Governor.
- This division of powers has led to persistent conflicts between the elected government and the LG, particularly over control of “services” (bureaucracy).
- The LG’s discretionary powers and the central government’s role in governance make Delhi a hybrid model, where democratic representation coexists with strong Union control.
- Thus, while Delhi has constitutional recognition, its effective autonomy is constrained by structural limitations and institutional friction.
Jammu & Kashmir Model: Reduced Autonomy after Reorganisation
- Jammu & Kashmir represents a third and distinct model. Before 2019, it enjoyed special status under Article 370 with its own Constitution.
- However, following the abrogation of Article 370, the region was reorganised under the Jammu and Kashmir Reorganisation Act, 2019.
This led to the creation of two Union Territories:
• Jammu & Kashmir (with legislature)
• Ladakh (without legislature)
- The legislative powers of the Jammu & Kashmir Assembly are significantly restricted compared to both Puducherry and Delhi.
- It cannot legislate on crucial subjects such as public order and police, which are directly controlled by the Lieutenant Governor.
- In addition, the LG exercises substantial authority over administration, including control over bureaucracy and financial matters.
- This results in a system where the elected government operates under tighter central supervision than in other UTs with legislatures.
- Therefore, Jammu & Kashmir represents a model with the least autonomy among the three, reflecting strong centralisation of power.
Key Constitutional Principle: Parliament’s Supremacy over UTs
- A crucial underlying feature across all UTs is the overriding authority of Parliament. Under Article 246(4), Parliament has the power to legisate on any subject for Union Territories, including those in the State List.
- This ensures that despite the presence of elected governments, the Union retains ultimate control over legislative and administrative matters in UTs.
Comparative Understanding
- Puducherry operates through a legislature created by parliamentary law, where the elected government exercises real executive authority and the LG’s role is relatively limited.
- Delhi, although constitutionally recognised, faces continuous power struggles due to the exclusion of key subjects and overlapping authority between the LG and elected government.
- Jammu & Kashmir, after reorganisation, has a legislature with significantly reduced powers, with the LG exercising dominant control over administration and governance.
- These differences illustrate that not all UTs with legislatures are equal in terms of autonomy or governance structure.
Relevant Constitutional Article for Prelims:
Article | Applies To | Key Provision | Important Prelims Point |
Article 239 | All Union Territories | Administration of UTs by President through Administrator (LG) | Base provision for UT governance |
Article 239A | Puducherry | power to Parliament- to make Legislature & Council of Ministers | Enabling provision; actual system via 1963 Act |
Article 239AA | Delhi | Special status (NCT), Legislative Assembly, CM | No power over Police, Public Order, Land |
Article 239AB | Delhi | President’s Rule in case of failure of constitutional machinery | Similar to Article 356 (for states) |
Article 240 | Certain UTs (like Andaman, Lakshadweep etc.) | President can make regulations | Regulations = same force as Parliamentary law |
Article 241 | UTs | High Courts for Union Territories | Parliament can establish High Courts |
Article 246(4) | All UTs | Parliament can legislate on any subject for UTs | Even on State List (very important MCQ point) |
Conclusion
The comparison of Puducherry, Delhi, and Jammu & Kashmir highlights the nuanced and layered nature of India’s federal system. While democratic representation exists in these Union Territories, the degree of autonomy varies based on constitutional provisions, historical context, and political considerations.
As Puducherry goes to the polls, the discussion goes beyond electoral politics to underline a deeper constitutional reality — that governance in Union Territories is ultimately shaped by a balance between local representation and central authority.
CARE MCQ
Q.Which of the following best describes a Union Territory in India?
(a) A federal unit with complete legislative autonomy
(b) A territory administered directly by the Central Government
(c) A state with special constitutional status under Article 370
(d) A region governed by an elected Governor
Ans: (b)
Explanation:
A Union Territory is administered directly by the Central Government through an Administrator or Lieutenant Governor, though some UTs have legislatures with limited powers.
Q.With reference to Puducherry, consider the following statements:
- Its Legislative Assembly is directly created by the Constitution.
- Its governance structure is based on the Government of Union Territories Act, 1963.
- The Lieutenant Governor is bound by the aid and advice of the Council of Ministers in all matters.
Which of the statements given above are correct?
(a) 2 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Ans: (a)
Explanation:
Statement 1 is incorrect: Article 239A only empowers Parliament to create a legislature for UTs like Puducherry. The Assembly itself is not directly created by the Constitution.
Statement 2 is correct: The Government of Union Territories Act, 1963 provides the actual legal and institutional framework for Puducherry’s governance.
Statement 3 is incorrect: The Lieutenant Governor is not bound in all matters; he/she has discretionary powers and can refer issues to the President in case of disagreement.
Q.With reference to Delhi, consider the following statements:
- Its Legislative Assembly can legislate on public order.
- Article 239AA provides special constitutional status to Delhi.
- The Lieutenant Governor has no discretionary powers.
Which of the statements given above are correct?
(a) 2 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Ans: (a)
Explanation:
Statement 1 is incorrect: The Delhi Assembly cannot legislate on public order, police, and land, as these are reserved for the Union.
Statement 2 is correct: Article 239AA (69th Constitutional Amendment, 1991) grants special constitutional status to Delhi as the National Capital Territory.
Statement 3 is incorrect: The Lieutenant Governor has discretionary powers, especially in matters of conflict with the elected government.
Q. With reference to Jammu & Kashmir (UT), consider the following statements:
- Its Legislative Assembly has powers similar to that of a full-fledged State.
- Public order and police are under the control of the Lieutenant Governor.
- Its governance is based on the Jammu and Kashmir Reorganisation Act, 2019.
Which of the statements given above are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (a)
Explanation:
Statement 1 is incorrect: The J&K Assembly does not have full State-like powers, as key subjects are reserved for the Union.
Statement 2 is correct: Public order and police are under the Union, exercised through the Lieutenant Governor.
Statement 3 is correct: The governance framework is defined by the Jammu and Kashmir Reorganisation Act, 2019.
Q.Which of the following correctly explains Article 246(4) of the Constitution?
(a) It restricts Parliament from legislating on State subjects for UTs
(b) Parliament can legislate on any subject for Union Territories
(c) UT legislatures have overriding powers over Parliament
(d) It applies only to Delhi
Ans: (b)
Explanation:
Article 246(4) empowers Parliament to legislate on any subject (including State List) for Union Territories. This reflects the unitary tilt of the Constitution in the administration of UTs.
FAQs
Q1. Why is Puducherry considered closer to a State model?
Because the elected government exercises real executive authority and the LG is generally bound by its advice.
Q2. Why does Delhi face governance conflicts?
Due to division of powers between LG and elected government, especially over services and key subjects.
Q3. Why is J&K’s autonomy limited?
Because critical subjects like police and public order are controlled by the LG under the 2019 Reorganisation Act.
Q4. What ensures Parliament’s dominance over UTs?
Article 246(4), which allows Parliament to legislate on any subject for UTs.
Q5. Which UT model has maximum central control?
Jammu & Kashmir.
