The Goa, Daman and Diu Reorganisation Act, 1987

Summary of The Goa, Daman and Diu Reorganisation Act, 1987
Key Objective
• To facilitate the reorganisation of the Union Territory of Goa, Daman and Diu into the State of Goa and the Union Territory of Daman and Diu, effective from the appointed day.
Main Provisions
1. Territorial Reorganisation
• State of Goa: Established from the Goa district.
• Union Territory of Daman and Diu: Comprises Daman and Diu districts.
2. Judicial Adjustments
• High Court of Bombay's Jurisdiction: Exercises jurisdiction over the new Union Territory of Daman and Diu, with a permanent bench at Panaji for Goa, Daman, and Diu cases.
• Transfer of Proceedings: Proceedings from the Court of the Judicial Commissioner are transferred to and disposed of by the High Court at Bombay.
3. Legal and Administrative Continuity
• Right to Appear in Proceedings: Advocates authorised before the appointed day can appear in the High Court at Bombay for transferred proceedings.
• Expenditure Allocation: Expenses of the High Court at Bombay, including salaries, are allocated between Maharashtra and the Union as determined by the President.
• Rule of Construction: References to the Court of the Judicial Commissioner in laws are construed as references to the High Court at Bombay for the Union Territory.
4. Power and Adaptation Provisions
• Power to Remove Difficulties: The Central Government (and later the President in a similar provision) may issue orders to address difficulties in implementing the Act, subject to parliamentary scrutiny.
• Power to Adapt Laws: The Central Government and appropriate state governments can adapt laws for better application in Goa and Daman and Diu within two years from the appointed day.
5. Continuity and Override
• Continuance of Courts and Authorities: Unless inconsistent with the Act, all courts, tribunals, and authorities continue their functions.
• Supremacy of the Act: Provisions of this Act override any inconsistent laws.

Legislative History:

The Goa, Daman and Diu Reorganisation Act, 1987

Act Title - The Goa, Daman and Diu Reorganisation Act, 1987

Act Number/Year - 18 of 1987

Act ID (India Code) - 198718

Presidential Assent Date - May 23, 1987

Enforcement Date - May 30, 1987

Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

Liberation Legacy and Union Territory Status:

Following the liberation of Goa, Daman, and Diu from Portuguese colonial rule in December 1961 (via Operation Vijay), the territories were initially governed under military administration and subsequently constituted into a single Union Territory administered by the President through an administrator under the Constitution (Twelfth Amendment) Act, 1962. Over the succeeding two decades, vibrant political, cultural, and linguistic movements grew, demanding full-fledged statehood and distinct administrative identities for the separate regions.

Geographic Division and Fulfillment of Statehood:

Because Goa and Daman & Diu possessed distinct cultural identities and geographic separation, the reorganization framework was structured to split the territories: elevating Goa to full statehood as the 25th State of the Indian Union, while keeping Daman and Diu as a separate Union Territory. This required a corresponding constitutional amendment alongside this specific reorganisation statute to establish the new political and administrative apparatus.

Parliamentary Trajectory & Enactment

Formulation:

Drafted by the Ministry of Home Affairs to provide for the reorganization of the Union Territory of Goa, Daman, and Diu, detailing the formation of the State of Goa, the constitution of Daman and Diu as a separate Union Territory, allocation of seats in Parliament, creation of the new Legislative Assembly for Goa, and the distribution of assets, liabilities, and judicial machinery (including the establishment of a common High Court or extension of jurisdiction).

Parliamentary Passage:

Introduced, debated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the budget session of 1987.

Presidential Assent: Received Presidential Assent on May 23, 1987.

Enforcement: Enforced on May 30, 1987.

Source: Official Records of Parliament, India Code, and Ministry of Home Affairs