Q. With reference to the special provisions for legislations regarding special areas in India, consider the following statements:
1. An order by the President can repeal or amend any Parliamentary law with respect to Union territory of Andaman and Nicobar Islands.
2. The Legislatures of states having Tribal Areas can restrict application of Parliamentary laws in those areas.
3. The Governors of states having Scheduled Areas can direct the modification of Parliamentary laws in those areas.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: The President can make regulations for the peace, progress and good government of the Union Territories of– the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Ladakh. A regulation so made has the same force and effect as an act of Parliament. It may also repeal or amend any act of Parliament in relation to these union territories.
Statement 2 is incorrect: Article 244 of the Constitution also declares some special areas known as Tribal Areas (specifically in states of Assam, Tripura, Meghalaya & Mizoram), which are inhabited by tribes who have not assimilated with the modern society and need special protection with respect to their environment, land and customs. In order to ensure this, according to the constitution, the Governor of these states (not the State Legislatures) can declare that certain acts of the Parliament, even if they fall under the Union List are not applicable or apply with exceptions or modifications to these areas. Hence this statement is incorrect.
Statement 3 is correct: Constitution provides that the Governors of the states enumerated in Schedule V can declare according to their discretion that certain acts of the Parliament, even if they fall under the Union List are not applicable or apply with exceptions or modifications to these areas. Hence this statement is correct.
