Union Territories
Union Territories in India
Under Article 1 of the Constitution of India, the territories of the country are categorized into three types: (a) states, (b) union territories (UTs), and (c) territories that may be acquired by the Government of India in the future. Currently, there are twenty-nine states and seven union territories, with no acquired territories at present. Union Territories are directly governed by the Central Government and are often referred to as “centrally administered territories.”
Creation of Union Territories
The concept of union territories emerged from the administrative structure established during British rule, with areas categorized as “scheduled districts” in 1874. After independence, these territories were initially classified as Part ‘C’ States and Part ‘D’ Territories. In 1956, the 7th Constitutional Amendment Act and the States Reorganisation Act formally created union territories. Some of these territories were later elevated to statehood, such as Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, and Goa.
Current Union Territories (as of now)
- Andaman and Nicobar Islands – Established in 1956
- Delhi – Established in 1956 (designated as the National Capital Territory in 1992)
- Lakshadweep – Established in 1956
- Dadra and Nagar Haveli – Acquired in 1961
- Daman and Diu – Acquired in 1962
- Puducherry – Established in 1962 (previously known as Pondicherry until 2006)
- Chandigarh – Established in 1966
- Jammu and Kashmir – Created in 2019 following the bifurcation of the earlier state
- Ladakh – Created in 2019 as a separate union territory
The creation of union territories serves a variety of administrative and political purposes, including:
- Political and Administrative Considerations: Areas like Delhi and Chandigarh are tailored for better governance.
- Cultural Distinctiveness: Territories like Puducherry, Dadra and Nagar Haveli, and Daman and Diu offer unique cultural identities.
- Strategic Importance: Regions like Andaman and Nicobar Islands and Lakshadweep are strategically significant.
- Special Treatment for Backward and Tribal Communities: Areas such as Mizoram, Manipur, Tripura, and Arunachal Pradesh were initially designated as union territories to focus on developmental initiatives before advancing to statehood.
Jammu and Kashmir Reorganization, 2019
In 2019, the former state of Jammu and Kashmir was reorganized into two union territories:
- Union Territory of Jammu and Kashmir: This UT has its own legislature, allowing for some level of local governance.
- Union Territory of Ladakh: This UT does not have a legislature and is governed directly by the Central government.
The central government’s justification for this reorganization included:
- Recognizing the Ladakh division’s large area and sparse population, giving residents the desired status of a Union Territory to address their aspirations.
- The need for enhanced internal security measures in Jammu and Kashmir, which had been facing issues of cross-border terrorism.
Union territories in India represent a unique administrative structure that allows for direct governance by the Central Government while addressing specific political, cultural, and strategic needs. The distinction between union territories and states reflects the varying degrees of autonomy and legislative powers given to different regions, ensuring tailored governance according to local requirements.
Administration of Union Territories in India
The administration of Union Territories (UTs) in India is governed by Articles 239 to 241 of the Constitution. Despite being grouped under a common category, UTs have different administrative structures. The following points outline their governance framework:
Governance Structure
1. Presidential Administration:
- Every Union Territory is administered by the President of Indiathrough an administrator appointed by him.
- The administrator acts as the President’s agent and is not akin to a governor of a state.
- The President can designate the administrator as either a Lieutenant Governor, Chief Commissioner,or simply Administrator.
2. Current Designations:
- Lieutenant Governorsare present in:
- Delhi
- Puducherry
- Andaman and Nicobar Islands
- Jammu and Kashmir
- Ladakh
- Lieutenant Governorsare present in:
- Administratorsare appointed for:
- Chandigarh
- Dadra and Nagar Haveli
- Daman and Diu
- Lakshadweep
- Administratorsare appointed for:
3. Governor as Administrator:
- The President may appoint the Governor of a neighboring state as the administrator of an adjacent Union Territory, acting independently from their council of ministers.
Legislative Framework
1. Legislative Assemblies:
- Puducherry (1963), Delhi (1992), and Jammu and Kashmir (2019)possess their own legislative assemblies and councils of ministers, headed by a Chief Minister.
- The remaining UTs do not have such political institutions, which allows for direct governance by the Central Government.
2. Parliament’s Power:
- The Parliament retains the authority to legislate on any subject within the three lists, including the State List.
- For Puducherry, Delhi, and Jammu and Kashmir, local legislatures can make laws on State List subjects, but Parliament’s legislative power remains intact irrespective of local legislative assemblies.
3. Regulatory Powers:
- The President can make regulations for the governance of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh.
- In Puducherry, the President may legislate only when the assembly is suspended or dissolved.
4. High Courts:
- The Parliament may establish a high court for a union territory or place it under an adjacent state’s high court’s jurisdiction.
- Delhihas its own high court, while other UTs are under the jurisdiction of various high courts, depending on their location.
Special Provisions for Delhi
The 69th Constitutional Amendment Act of 1991 provides special administrative status for Delhi, renaming it the National Capital Territory of Delhi (NCT):
1. Legislative Assembly:
- The strength of the legislative assembly is fixed at 70 members, directly elected by the people, with elections managed by the Election Commission of India.
- The assembly can legislate on matters of the State List and Concurrent List, excluding public order, police, and land.
2. Council of Ministers:
- Composed of a Chief Minister and a maximum of six other ministers (10% of the assembly).
- The Chief Minister is appointed by the President, while the other ministers are appointed on the Chief Minister’s advice.
- The council is collectively responsible to the assembly and aids the Lieutenant Governor in performing functions except when acting in discretion.
3. Emergency Provisions:
- In case of administrative difficulties, the President can suspend the operation of the assembly’s functions, similar to President’s Ruleunder Article 356 for states.
- The Lieutenant Governor can also promulgate ordinances during the assembly’s recess, which must be approved by the assembly within six weeks of its reassembly.
Advisory Committees of Union Territories
Under the Government of India (Allocation of Business) Rules, 1961, the Ministry of Home Affairs serves as the nodal ministry for all matters concerning Union Territories, including legislation, finance, budget management, and the appointment of Lieutenant Governors (LGs) and Administrators.
Home Minister’s Advisory Committee (HMAC) and Administrator’s Advisory Committee (AAC)
1. HMAC and AAC:
- Union Territories that do not have a legislative assembly—including Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep,and Ladakh—are supported by either the Home Minister’s Advisory Committee (HMAC) or the Administrator’s Advisory Committee (AAC).
- HMACis chaired by the Union Home Minister, while AAC is chaired by the respective Administrator of each Union Territory.
- These committees also comprise Members of Parliament and elected representatives from local bodies such as District Panchayats and Municipal Councils.
2. Purpose:
- These committees discuss issues related to the social and economic development of the Union Territories, providing a platform for policy recommendations and strategies to enhance governance.
Administrative System of Union Territories
The administrative framework of Union Territories is characterized by distinct governance structures as outlined below:
Union Territories | Executive | Legislature | Judiciary |
1. Andaman and Nicobar Islands | Lt. Governor | None | Under Calcutta High Court |
2. Chandigarh | Administrator | None | Under Punjab and Haryana High Court |
3. Dadra and Nagar Haveli | Administrator | None | Under Bombay High Court |
4. Daman and Diu | Administrator | None | Under Bombay High Court |
5. Delhi | (a) Lt. Governor (b) Chief Minister (c) Council of Ministers | Legislative Assembly | Separate High Court |
6. Lakshadweep | Administrator | None | Under Kerala High Court |
7. Puducherry | (a) Lt. Governor (b) Chief Minister (c) Council of Ministers | Legislative Assembly | Under Madras High Court |
8. Jammu and Kashmir | (a) Lt. Governor (b) Chief Minister (c) Council of Ministers | Legislative Assembly | Under Jammu and Kashmir High Court |
9. Ladakh | Lt. Governor | None | Under Jammu and Kashmir High Court |
Note: The Governor of Punjab serves concurrently as the Administrator of Chandigarh. The Administrator of Dadra and Nagar Haveli also serves as the Administrator of Daman and Diu, while Lakshadweep has its own separate Administrator.
Comparison of States and Union Territories
States | Union Territories |
1. Federal relationship with the Centre | 1. Unitary relationship with the Centre |
2. Share distribution of power with the Centre | 2. Under direct control and administration of the Centre |
3. Have autonomy | 3. Do not have any autonomy |
4. Uniformity in administrative setup | 4. No uniformity in administrative setup |
5. Executive head is the governor | 5. Executive head is the Administrator or Lieutenant Governor or Chief Commissioner |
6. Governor is a constitutional head of the state | 6. Administrator is an agent of the President |
7. Parliament cannot legislate on State List subjects without extraordinary circumstances | 7. Parliament can legislate on any subject of the three lists, including the State List |
Articles Related to Union Territories
Article No. | Subject-matter |
239 | Administration of Union Territories |
239A | Creation of local Legislatures or Council of Ministers for certain Union Territories |
239AA | Special provisions with respect to Delhi |
239AB | Provision in case of failure of constitutional machinery |
239B | Power of Administrator to promulgate Ordinances during recess of Legislature |
240 | Power of President to make regulations for certain Union Territories |
241 | High Courts for Union Territories |
242 | Coorg (Repealed) |