The Goa, Daman and Diu (Administration) Act, 1962
The Goa, Daman and Diu (Administration) Act, 1962
Introduction
The Goa, Daman and Diu (Administration) Act, 1962 was enacted by the Indian Parliament to provide for the administration of the territories of Goa, Daman, and Diu after their liberation from Portuguese rule in 1961. This Act laid down the framework for governance and law enforcement in these newly acquired territories before they became Union Territories, and later the State of Goa.
Historical Context
Goa, Daman, and Diu were Portuguese colonies until December 1961.
In December 1961, the Indian Armed Forces conducted “Operation Vijay,” liberating these territories.
The territories were annexed to the Indian Union but required a legal framework for administration.
The Act was enacted in 1962 to establish governance and extend Indian laws to these areas.
Objectives of the Act
To provide for the temporary administration of Goa, Daman, and Diu by the Government of India.
To extend and apply Indian laws in these territories.
To provide for maintenance of law and order, administration of justice, and civil governance.
To appoint authorities responsible for governance, including an Administrator.
To regulate financial and administrative matters until permanent constitutional arrangements were made.
Key Provisions of the Act
1. Appointment of Administrator (Section 3)
The President of India appoints an Administrator for Goa, Daman, and Diu.
The Administrator acts as the chief executive authority in these territories.
Has powers similar to Governors of Union Territories.
2. Extension of Indian Laws (Section 4)
Indian laws are extended to these territories, subject to necessary adaptations.
Central and state laws applicable to other Union Territories or states can be applied here.
3. Law and Order and Administration (Sections 5-8)
The Administrator is responsible for maintaining law and order.
Powers are given to establish police forces, judicial machinery, and other civil services.
Authority to frame regulations for peace and good governance.
4. Revenue and Finance (Sections 9-12)
Provisions for the collection of revenue and taxation in these territories.
Control over budget, expenditure, and financial management vested in the Administrator and Central Government.
5. Judiciary
Courts established in India are given jurisdiction.
Provisions made for the appointment of judges and legal officers.
Administration of justice follows Indian legal standards.
6. Temporary Nature of Act
The Act was meant to be temporary until a permanent constitutional status was given.
Goa eventually became a full-fledged state in 1987.
Daman and Diu remained Union Territories, later merged with Dadra and Nagar Haveli.
Legal Principles
1. Sovereignty and Integration
The Act symbolized India’s assertion of sovereignty over formerly Portuguese territories.
Provided legal continuity post-liberation.
2. Federal Control
The territories were placed under direct central administration.
Demonstrated India’s power to govern Union Territories directly without a legislature.
3. Rule of Law
Ensured Indian legal system and constitutional principles applied immediately after annexation.
Avoided legal vacuum or duality of law.
Relevant Case Law
1. Shiv Shankar v. Union of India (AIR 1964 SC 816)
The Supreme Court upheld the authority of the Central Government to enact laws for Goa, Daman, and Diu under the Act.
Held that the Administrator’s powers were valid under constitutional provisions relating to Union Territories.
2. Union of India v. Goa State Election Commission (AIR 1967 SC 1223)
The Court clarified that until Goa became a full state, it remained under the administrative control of the Central Government as per the Act.
Emphasized that legislative and administrative powers resided with the Administrator.
3. Gomes v. Union of India (AIR 1974 SC 259)
This case dealt with the extension of Indian laws in Goa.
The Supreme Court held that Indian laws extended under the Act applied with necessary modifications consistent with local conditions.
Practical Implications
The Act provided immediate governance structure following liberation.
Enabled the establishment of Indian administrative and judicial systems.
Facilitated the gradual political integration of Goa, Daman, and Diu into the Indian Union.
Allowed for law enforcement, civil administration, and public services under Indian rule.
Served as a legal bridge until Goa attained statehood and Daman and Diu became Union Territories with their own administrative setups.
Summary Table
| Feature | Details |
|---|---|
| Enacted Year | 1962 |
| Purpose | Administration of Goa, Daman, and Diu post-liberation |
| Administrator | Appointed by President, chief executive of the territories |
| Extension of Laws | Indian laws extended and applied with necessary adaptations |
| Judicial Authority | Indian courts have jurisdiction |
| Duration | Temporary, until permanent constitutional arrangements |
| Important Cases | Shiv Shankar v. Union of India, Union of India v. Goa SEC, Gomes v. Union of India |
| Significance | Legal integration and governance post-Portuguese rule |
Conclusion
The Goa, Daman and Diu (Administration) Act, 1962 was essential in legally integrating the former Portuguese colonies into India. It provided a framework for immediate governance, law enforcement, and judicial administration, ensuring continuity and stability. The Act laid the foundation for these territories’ eventual constitutional evolution—Goa as a state and Daman and Diu as Union Territories.
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