Union Territories: Constitutional Framework and Administration

Article 1 of the Constitution classifies the territory of India into three types:

• Territories of the states — full federal units sharing power with the Centre
• Union territories — areas under direct central control
• Acquired territories — lands that may be acquired by the Government of India at any time

Currently, India has 29 states, 7 union territories, and no acquired territories. Unlike states, which participate in a federal power-sharing arrangement, union territories are administered directly by the Central government and are therefore also called centrally administered territories. Their existence marks a deliberate departure from the federal character of the Indian Constitution — the Centre's relationship with these enclaves is plainly unitary.

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Historical Background

During British rule, certain areas were designated as scheduled districts (1874), which later evolved into chief commissioners' provinces. After independence, these were placed in the Part C and Part D state categories under the original Constitution (1950). The 7th Constitutional Amendment Act (1956) along with the States Reorganisation Act (1956) formally constituted them as union territories.

Evolution Over Time

Some UTs have been elevated to full statehood over the years — notably Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, and Goa. Conversely, territories acquired from colonial powers — Goa, Daman and Diu, and Dadra and Nagar Haveli (from the Portuguese) and Puducherry (from the French) — were brought in as union territories.

Current Seven Union Territories (with year of creation)

Notable name changes:

• Lakshadweep was formerly called Laccadive, Minicoy and Amindivi Islands (until 1973)
• Delhi was redesignated National Capital Territory of Delhi in 1992
• Puducherry was formerly Pondicherry (until 2006)

Reasons for Creating Union Territories

1. Political and administrative considerations — Delhi, Chandigarh
2. Cultural distinctiveness — Puducherry, Dadra and Nagar Haveli, Daman and Diu
3. Strategic importance — Andaman and Nicobar Islands, Lakshadweep
4. Protection of backward and tribal communities — Mizoram, Manipur, Tripura, Arunachal Pradesh (all later granted statehood)

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Constitutional Provisions

Articles 239 to 241 in Part VIII of the Constitution govern the administration of union territories.

Role of the President and Administrator

Every union territory is administered by the President, who acts through an administrator appointed by him. Crucially, the administrator is an agent of the President — not a constitutional head like a governor. The President determines the administrator's designation, which may be:

• Lieutenant Governor — Delhi, Puducherry, Andaman and Nicobar Islands
• Administrator — Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep

The President may also appoint a state governor as the concurrent administrator of an adjoining UT. In such a role, the governor acts independently of the state's council of ministers.

Note: The Governor of Punjab concurrently serves as Administrator of Chandigarh. The Administrator of Dadra and Nagar Haveli concurrently administers Daman and Diu.

Legislative Framework

• Parliament can legislate on subjects from all three lists (Union, State, Concurrent) for every UT, including those with their own legislatures.
• Puducherry (since 1963) and Delhi (since 1992) have been granted a legislative assembly and council of ministers headed by a chief minister.
• The remaining five UTs have no local legislature.
• Despite local legislatures in Delhi and Puducherry, Parliament's legislative supremacy over all three lists remains intact even for these UTs.

Legislative Powers of Local Assemblies

• Puducherry's Assembly: Can make laws on subjects in the State List and Concurrent List.
• Delhi's Assembly: Can make laws on subjects in the State List and Concurrent List, except public order, police, and land.

Presidential Regulations

The President can make regulations (having the same force as parliamentary legislation) for the peace, progress, and good governance of:

• Andaman and Nicobar Islands
• Lakshadweep
• Dadra and Nagar Haveli
• Daman and Diu

In the case of Puducherry, presidential regulations are permissible only when the assembly is suspended or dissolved. Such regulations can also repeal or amend existing parliamentary acts in relation to these territories.

Judiciary

• Delhi is the only UT with its own High Court (since 1966).
• Other UTs fall under the jurisdiction of adjacent state High Courts:
  • Andaman and Nicobar → Calcutta HC
  • Chandigarh → Punjab and Haryana HC
  • Dadra and Nagar Haveli + Daman and Diu → Bombay HC
  • Lakshadweep → Kerala HC
  • Puducherry → Madras HC

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The 69th Constitutional Amendment Act, 1991 (effective from 1 February 1992) granted Delhi a special status as the National Capital Territory of Delhi and established key institutions:

Legislative Assembly

• 70 members, directly elected by the people
• Elections conducted by the Election Commission of India
• Can legislate on State List and Concurrent List subjects except public order, police, and land
• Laws made by Parliament prevail over those of the Assembly

Council of Ministers

• Strength capped at 10% of assembly strength = 7 ministers (1 CM + 6 others)
• Chief Minister is appointed by the President (not the Lt. Governor)
• Other ministers are appointed by the President on the CM's advice
• Ministers serve at the pleasure of the President
• Collectively responsible to the Legislative Assembly

Lt. Governor's Role

• The CM and Council of Ministers aid and advise the Lt. Governor, except where he is required to act in his discretion
• In case of a difference of opinion between the Lt. Governor and the ministers, the matter is referred to the President for final decision

Failure of Constitutional Machinery

• If normal governance becomes impossible, the President can suspend the constitutional provisions and assume direct administration — analogous to Article 356 (President's Rule in states)
• This can be triggered on the report of the Lt. Governor or otherwise

Ordinance Power

• The Lt. Governor can promulgate ordinances during recess of the Assembly
• Ordinances carry the same force as Assembly legislation
• Must be approved by the Assembly within six weeks of reassembly
• Cannot be promulgated when the Assembly is dissolved or suspended
• Prior Presidential permission is mandatory for promulgation or withdrawal

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Under the Government of India (Allocation of Business) Rules, 1961, the Ministry of Home Affairs is the nodal ministry for all UT matters — legislation, finance, budget, services, and appointments.

All five UTs without legislatures have two advisory forums:

• Home Minister's Advisory Committee (HMAC) — chaired by the Union Home Minister
• Administrator's Advisory Committee (AAC) — chaired by the UT's Administrator

Members include MPs and elected members from local bodies (District Panchayats, Municipal Councils). These committees focus on the social and economic development of the respective UTs.

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• Delhi and Puducherry are the only UTs with legislatures — know their exact legislative limitations.
• The administrator is an agent of the President, not a head of state — a frequently tested distinction.
• Parliament's legislative supremacy over all three lists for UTs (including those with local assemblies) is a key constitutional principle.
• The 69th Amendment is the specific constitutional basis for Delhi's special status.
• Presidential regulations for UTs carry the same legal force as parliamentary legislation and can even amend or repeal parliamentary acts.
• The Chief Minister of Delhi is appointed by the President, not by the Lt. Governor — a subtle but important distinction.
• Know which High Court has jurisdiction over which UT — frequently asked in prelims.