The Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019

The Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019
Key Provisions
1. Formation
• New Union Territory: "Dadra and Nagar Haveli and Daman and Diu" formed on the appointed day (26th January, 2020), with no direct implications stated for Jammu and Kashmir's jurisdiction.
• Territory: Comprises the areas of the existing Union Territories of Dadra and Nagar Haveli and Daman and Diu.
2. Constitutional Amendments
• Article 240: Amended to include the new Union Territory, distinct from any amendments related to Jammu and Kashmir.
• First Schedule: Updated to reflect the merger, separate from adjustments for Jammu and Kashmir.
3. Representation
• Allocation of Seats: Provisions for seat allocation in the House of People
4. Judicial
• High Court Jurisdiction: The jurisdiction of the High Court of Bombay continues to extend to the new Union Territory.
5. Legal and Miscellaneous
• Law Extension & Adaptation: Laws and adaptation powers mirror the original, with an emphasis on the new territory's governance.
• Legal Proceedings & Difficulties: Processes for legal proceedings and removing difficulties remain as initially stated.

Legislative History:

The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019

Short Title - The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019

Act Number / Year - Act No. 44 of 2019

India Code Act ID - 201944

Introduced In - Lok Sabha

Presidential Assent Date - December 9, 2019

Official Gazette Publication -December 9, 2019

Enforcement Date - January 26, 2020

Nodal Ministry - Ministry of Home Affairs

Precedent & Statutory Rationale

1. Administrative Redundancy and Duplication of Effort:

o Prior to 2020, the Union Territories of Dadra and Nagar Haveli and Daman and Diu operated as separate administrative and constitutional entities despite their close geographical proximity in Western India and sharing a common administrator and overlapping bureaucratic infrastructure. Maintaining separate secretariats, budgets, and departmental hierarchies led to administrative duplication, bureaucratic delays, and avoidable public expenditure.

2. Advancing "Minimum Government, Maximum Governance":

o Grounded in national public policy objectives to streamline sub-national governance, optimize resource allocation, enhance transparency, and ensure seamless delivery of public services and welfare benefits to citizens.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Ministry of Home Affairs under the Union Government to effect structural administrative rationalization.

• Parliamentary Passage: Introduced in the Lok Sabha on November 26, 2019, reviewed and debated across both Houses, and passed by Parliament during the winter session of December 2019.

• Presidential Assent: Received formal Presidential Assent on December 9, 2019, entering the statute book as Act No. 44 of 2019.

• Enforcement: Brought into active operational force on January 26, 2020.

Source: India Code Official Repository and Ministry of Home Affairs Official Records.