Union Territories

Article 1 of the Constitution of India provides that the territory of India comprises three categories of territories:

1. territories of states;
2. union territories;
3. territories that may be acquired by the Government of India at any time.

The states are members of federal system in India and share a distribution of power with the Centre. The Union territories, on the other hand, are those areas which are under the direct control and administration of the Central government. The Union territories are also called ‘centrally administered territories’.

Creation of Union Territories

• In 1956, ‘chief commissioners provinces’ of British era were constituted as the ‘union territories’ by the 7th CAA(1956) and SRA(1956).
• Initially, Constitution recognised four different categories of territories in Schedule 1: Former British India provinces (Part A), princely states (Part B), chief commissioner provinces (Part C) and the Andaman and Nicobar Islands (part D).
• SRC (1956) observed economically unbalanced, financially weak, and administratively and politically unstable territories can’t survive as separate administrative units.
• Andaman and Nicobar Island was the first UT of India (1956)
• SRC’s recommendations paved the way for the Central government to create India’s first six UTs (against just three recommended by SRC) in 1956.

Union territories have been created for the following reasons:

• Political and administrative consideration–Delhi and Chandigarh.
• Cultural distinctiveness–Puducherry, Dadra and Nagar Haveli, and Daman and Diu.
• Strategic importance–Andaman and Nicobar Islands and Lakshadweep.
• Special treatment and care of the backward and tribal people–Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.

Administration of Union Territories:

Articles related to Union Territories:

• The union territories are dealt with in Articles 239 to 241 of Part VIII of the Constitution, and their administrative system is not consistent.
• Article 239 of the original Constitution allowed the President to administer UTs directly through the administrators. In 1962, Parliament passed Article 239A, allowing it to construct legislatures for the UTs.
• The Constitution (69th Amendment) Act, 1991 inserted Article 239AA to the Indian Constitution, which has unique provisions for the National Capital Territory of Delhi.
• The President of India has the power to make regulations for the peace, progress, and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Puducherry.
• The President’s regulation has the same force and effect as a law passed by Parliament.
• The Indian Parliament may establish a High Court for a Union Territory by act or proclaim any court in any territory to be High Court.
• The National Capital Territory of Delhi is the only one that has its own High Court, with the Supreme Court being the highest court in the country.
• The Union Territories are administered by the Centre through administrators.
• Except for Puducherry and Delhi, none of the union territories have their own parliament. As a result, Parliament has the authority to enact legislation on any of the subjects covered by the Seventh Schedule’s lists. This authority also extends to Puducherry and Delhi.
• The Centre’s Ministry of Home Affairs is the nodal ministry for all things concerning Union Territories, including legislation, money and budget, services, and the appointment of Administrators.

The Legislature’s Composition:

• According to the constitutional requirements governing the makeup of the legislature in UTs, it is an elected body or a body that is partially elected and partly nominated.
• A legislature that is partially elected and partly appointed will not be able to sustain democratic ideals.
• A minor change to the Government of Union Territories Act of 1963 can result in a legislature with more than half of its members being nominated. A House with a majority of appointed members cannot foster representative democracy.

Difference Among UTs

• The UTs of Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep, and Ladakh and Lakshadweep do not have a legislative, but the UTs of Delhi, Jammu and Kashmir, and Puducherry do.
• The legislative assembly of the Union Territory of Puducherry may enact legislation in relation to topics included in Lists II and III of the Constitution’s Seventh Schedule, to the extent that these matters apply to the Union Territory.
• These functions are likewise exercised by the legislative assembly of the National Capital Territory of Delhi, with the exception that Entries 1, 2 and 18 of List II are not within the legislative competence of the legislative assembly.
• Every union territory is governed by the President, who appoints an administrator to do so. It is also up to the President to decide who will be appointed as an administrator.
• Lieutenant Governor, Chief Commissioner, or Administrator are all possibilities.
• In India, a Lieutenant-Governor governs five Union Territories: Delhi, Puducherry, Ladakh, J&K, and the Andaman and Nicobar Islands, while an Administrator governs the remaining three UTs.

Special Provisions for Delhi

• 69th Constitutional Amendment Act, 1991 provided a special status to UT of Delhi.
• Redesignated UT of Delhi as National capital territory & created legislative assembly with members.
• Designated the administrator of Delhi as the lieutenant (lt.) governor.
• Assembly shall make laws on matter enumerated in state list (Except matters of Public order, Police & land)
• Strength of the assembly is fixed at 70 members, directly elected by the people.
• Election commission of India conducts elections.
• Laws of Parliament prevail over those made by the Assembly (Except law of LA preserved for consideration of President).
• Strength of the COM is fixed at ten per cent of the total strength of the assembly (seven–one chief minister and six other ministers)
• CM is appointed by the President (not by the Lt. governor).
• In the case of difference of opinion between the lt. governor and his ministers, the lt. governor is to refer the matter to the president for decision and act accordingly.
• According to article 356 (President’s Rule), in case of failure of Constitutional machinery, the president can impose his rule in the territory.

Advisory Committees of Union Territories

• All the 5 UTs without legislature (A&N Islands, Chandigarh, Daman Diu and Dadra – Nagar Haveli, Lakshadweep and Ladakh) have the forum of Home Minister’s Advisory Committee (HMAC)/Administrator’s Advisory Committee (AAC).
• HMAC is chaired by the Union Home Minister,
• AAC is chaired by the Administrator of the concerned UTs.
• Members – MPs and elected members from the local bodies among others.

Difference between States and Union Territories