Introduction & Summary
Union Territories (UTs) are a unique constitutional feature of India, distinct from both states and pure federal units. They are areas directly administered by the Central Government, reflecting various strategic, cultural, administrative, or developmental considerations.
Unlike states, which share a federal structure of power with the Union, UTs represent a greater degree of centralization, although some, like Delhi and Puducherry (and now Jammu & Kashmir), have been granted a legislative assembly and a council of ministers, blurring the lines of direct administration. The evolution of UTs highlights India's adaptive federalism, accommodating diverse regional needs within a strong unitary framework.
Concept & Rationale for Creation
Meaning
Union Territories are territories directly administered by the Union (Central) Government. They do not have their own elected state governments but are governed by the President through an appointed Administrator.
Source: The Constitution of India, LaxmikanthDiverse Reasons for Creation
- Political & Administrative: Delhi as National Capital Territory.
- Cultural Distinctiveness: Puducherry (French settlements), D&N Haveli & D&D (Portuguese enclaves).
- Strategic Importance: Andaman & Nicobar Islands, Lakshadweep.
- Special Treatment for Backward/Tribal People: Historical reason (e.g., Mizoram, Arunachal, Goa before statehood).
- Recent Reorganisation: J&K into UTs due to security, administrative, developmental concerns.
Evolution of Union Territories
Chief Commissioners' Provinces (Pre-1956)
In British India, some territories were administered by Chief Commissioners. Post-independence, these became 'Part C' and 'Part D' states under the original Constitution.
States Reorganisation Act, 1956
This Act marked a significant turning point, classifying them as 'Union Territories' (UTs) based on SRC recommendations. Initially, 6 UTs were created.
Continuous Changes Over Time
Number and status of UTs frequently changed. Some attained statehood (Goa, Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh), new ones created (Chandigarh), or merged/reorganized (DNH & D&D merger 2020, J&K reorganization 2019).
Current List of UTs (As of early 2024)
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli and Daman and Diu
(merged in 2020)Delhi (National Capital Territory)
Jammu and Kashmir (with Legislature)
Ladakh (without Legislature)
Lakshadweep
Puducherry (with Legislature)
Administration of Union Territories
Administered by the President
Every Union Territory is administered by the President of India. The President acts, to such extent as he thinks fit, through an Administrator appointed by him.
Source: The Constitution of India - Article 239
Administrator is an Agent of the President
The Administrator of a UT is an agent of the President (and thus of the Union government), not a head of state like a Governor. This means the Administrator is responsible to the President and ultimately to the Union government.
Source: Laxmikanth's Indian Polity
Designation of Administrator
The President may specify the designation of such Administrator. Current designations include:
- Lieutenant Governor (LG): Delhi, Puducherry, Andaman & Nicobar Islands, Jammu & Kashmir, Ladakh.
- Administrator: Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep.
The Governor of Punjab is ex-officio Administrator of Chandigarh. The Administrator of DNH&DD is also the Administrator of Lakshadweep and is appointed by the President. Source: MHA, respective UT Acts
Governor of a state as Administrator
The President can appoint the Governor of a state as the Administrator of an adjoining Union Territory. In such a capacity, the Governor acts independently of his/her State's Council of Ministers (e.g., Governor of Punjab as Administrator of Chandigarh).
Source: The Constitution of India - Article 239(2)
Legislative Power for Union Territories
Parliament's Power (Article 246(4))
Parliament has the power to make laws with respect to any subject (Union List, State List, Concurrent List) for any Union Territory. This power extends even to those UTs that have their own local legislatures (e.g., Delhi, Puducherry, J&K).
In case of a conflict between a law made by Parliament and a law made by the UT legislature, the Parliament's law prevails.
Source: The Constitution of India - Article 246(4), Laxmikanth
President's Regulation-making Power (Article 239 read with 240)
The President can make regulations for the peace, progress, and good government of certain Union Territories:
- Andaman & Nicobar Islands
- Lakshadweep
- Dadra & Nagar Haveli and Daman & Diu
Such a regulation has the same force and effect as an Act of Parliament. It can even repeal or amend any Act of Parliament applicable to that Union Territory.
Suspension Clause: The President's power to make regulations is suspended if Parliament creates a legislature for any of these UTs (which has not happened for these three yet).
Source: The Constitution of India - Article 240, Laxmikanth
Legislature & Council of Ministers for Certain UTs
Parliament's Power to Create Legislature/CoM (Article 239A)
Article 239A (inserted by 14th CAA, 1962) empowers Parliament to create by law for specific UTs (Puducherry is primary example, others like Goa, Mizoram, Arunachal Pradesh also had this provision before achieving statehood) a local body:
- To function as a Legislature (elected or partly nominated/elected).
- As a Council of Ministers, or both.
This provides a semblance of democratic self-governance to some UTs.
Source: The Constitution of India - Article 239A
Government of Union Territories Act, 1963
Pursuant to Article 239A, Parliament enacted the Government of Union Territories Act, 1963. This Act provides for a Legislative Assembly and a Council of Ministers for the Union Territory of Puducherry. It outlined their powers, composition, and relationship with the Administrator (Lieutenant Governor).
Source: Government of Union Territories Act, 1963
Special Provisions for Delhi (NCT)
Delhi, being the national capital, has been accorded a special status among UTs, granting it a legislative assembly with powers over many state subjects, but with significant caveats.
This landmark amendment inserted Article 239AA and Article 239AB into the Constitution, giving Delhi its unique status. The Union Territory of Delhi was designated as the National Capital Territory (NCT) of Delhi. Its Administrator is designated as the Lieutenant Governor (LG).
Source: 69th Constitutional Amendment Act, 1991
- Provides for a Legislative Assembly for the NCT of Delhi. Its members are directly elected.
- The strength of the Assembly is fixed by law made by Parliament (currently 70 members).
- Powers: The Legislative Assembly has the power to make laws on matters enumerated in the State List (except Public Order, Police, and Land) and the Concurrent List.
- Parliament's Supremacy: If a law made by the Assembly of Delhi is repugnant to a law made by Parliament, the Parliament's law prevails.
Source: The Constitution of India - Article 239AA(3)
- There shall be a Council of Ministers (CoM) for the NCT, headed by a Chief Minister (CM).
- The Chief Minister is appointed by the President. Other Ministers are appointed by the President on the advice of the CM.
- Ministers hold office during the pleasure of the President.
- The total number of Ministers, including the Chief Minister, shall not exceed 10% of the total number of members in the Legislative Assembly (i.e., 7 members for Delhi).
- Aid and Advise LG: The CoM (with the CM at its head) is to aid and advise the LG in the exercise of his functions, except in so far as he is required to act in his discretion.
- Difference of Opinion: In case of a difference of opinion between the LG and the CoM, the LG shall refer it to the President for decision. Pending such decision, if the LG considers the matter urgent, he can take immediate action.
Source: The Constitution of India - Article 239AA(4)
LG's Role & Ongoing Tussle:
The LG of Delhi holds significant powers, acting as the representative of the Union government. The 'discretion' clause and the 'difference of opinion' clause in Article 239AA(4) have been central to the ongoing tussle over powers between the elected government of Delhi and the LG.
Supreme Court judgments on Delhi governance:
- NCT of Delhi v. Union of India (2018): SC largely curtailed LG's powers, ruling LG bound by 'aid and advice' except on Public Order, Police, and Land. Emphasized LG cannot be an "obstructionist" and reference to President only in "exceptional circumstances."
- Supreme Court Verdict on Services (NCT of Delhi v. Union of India, May 2023): SC unanimously held NCT of Delhi has legislative and executive power over "services" (control over civil servants), except for public order, police, and land. Reiterated LG is bound by aid and advice.
Subsequent Legislative Changes:
- GNCTD (Amendment) Act, 2021: Amended Government of National Capital Territory of Delhi Act, 1991, to define "government" in Delhi as "Lieutenant Governor," giving more discretionary powers to LG. Mandatory to seek LG's opinion before executive action.
- Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 / Bill (later Act, August 2023): In response to May 2023 SC verdict, created National Capital Civil Service Authority (NCCSA). Headed by CM, with Chief Secretary and Principal Home Secretary. Recommends transfers/postings, disciplinary action. LG has final say. Effectively brought 'services' back under LG's control, overriding SC's May 2023 verdict. Constitutional validity currently challenged in SC.
Source: Supreme Court of India judgments, Parliament of India Acts/Bills, PIB
This article provides for the failure of constitutional machinery in the NCT. If the President is satisfied that a situation has arisen where the administration of the NCT cannot be carried on in accordance with the provisions of Article 239AA or due to a breakdown of constitutional machinery, he may suspend the operation of Article 239AA (or any part of it) and make necessary provisions. This is similar to President's Rule in states.
Source: The Constitution of India
J&K & Ladakh: Post-Article 370 Abrogation
The reorganization of the erstwhile state of Jammu & Kashmir in 2019 marked a significant change in India's federal structure.
Jammu and Kashmir Reorganisation Act, 2019
- Reorganized former State of J&K into two new Union Territories: UT of Jammu & Kashmir (with legislature) and UT of Ladakh (without legislature).
- Came into effect on October 31, 2019.
- Abrogation of Article 370 meant the entire Constitution of India became fully applicable to the UTs of J&K and Ladakh, ending the special status.
Source: Jammu & Kashmir Reorganisation Act, 2019, PIB
UT of Jammu & Kashmir
- Administered by a Lieutenant Governor (LG).
- Has a Legislative Assembly (strength determined after delimitation, currently 90 seats + 2 nominated women).
- Powers: Make laws on State List and Concurrent List, similar to Puducherry, but Public Order and Police remain with the Union (via LG), similar to Delhi.
- Parliament retains significant overriding powers.
Source: Jammu & Kashmir Reorganisation Act, 2019
UT of Ladakh
- Administered directly by a Lieutenant Governor (LG).
- Has no Legislative Assembly or Council of Ministers, making it a Union Territory without a legislature, similar to Andaman & Nicobar Islands.
Source: Jammu & Kashmir Reorganisation Act, 2019
Current Status & SC Verdict (Dec 2023)
- Delimitation process for J&K Assembly completed.
- Elections for J&K Legislative Assembly are yet to be held.
- Supreme Court Verdict on Article 370 (Dec 11, 2023): Unanimously upheld abrogation of Article 370 (temporary provision). Directed ECI to hold J&K Assembly elections by September 2024. Directed Union Govt. to restore statehood to J&K at the earliest possible.
Source: Supreme Court of India Judgment, December 2023
High Courts for Union Territories
Article 241 states that Parliament may by law constitute a High Court for a Union Territory or declare any court in any such territory to be a High Court. Provisions of Chapter V of Part VI (High Courts in States) apply to such High Courts for UTs.
High Court Jurisdiction for UTs
| Union Territory | High Court Jurisdiction | Notes |
|---|---|---|
| Delhi | Delhi High Court | Only UT with its own dedicated High Court. |
| Andaman & Nicobar Islands | Calcutta High Court | |
| Chandigarh | Punjab & Haryana High Court | |
| Dadra & Nagar Haveli and Daman & Diu | Bombay High Court | |
| Jammu & Kashmir and Ladakh | High Court of J&K and Ladakh | Common High Court for both new UTs. |
| Lakshadweep | Kerala High Court | |
| Puducherry | Madras High Court |
Source: Laxmikanth's Indian Polity, High Court websites
Advisory Committees for Union Territories
Home Minister's Advisory Committee (HMAC)
For Union Territories without a legislature (e.g., A&N Islands, Chandigarh, DNH&DD, Lakshadweep, Ladakh), the Union Home Minister chairs an HMAC. This committee includes MPs from the UT, elected/nominated members from local bodies, and official members.
It provides a platform for discussing developmental issues and policy matters related to the UT.
Source: Ministry of Home Affairs
Administrator's Advisory Committee
In some UTs, there might also be an Administrator's Advisory Committee, constituted locally to advise the Administrator on day-to-day administration and specific policy matters.
These committees, though advisory, provide a mechanism for local representation and input in governance and policy formulation for UTs where direct democratic accountability (through a legislature) is absent. They act as a bridge between the local population and the Union government.
Source: UT Administration websites
Overview of Indian Union Territories
| Union Territory | Capital | Administrator Designation | Legislature? | High Court Jurisdiction |
|---|---|---|---|---|
| Andaman and Nicobar Islands | Port Blair | Lieutenant Governor | No | Calcutta High Court |
| Chandigarh | Chandigarh | Administrator | No | Punjab & Haryana High Court |
| Dadra and Nagar Haveli and Daman and Diu | Daman | Administrator | No | Bombay High Court |
| Delhi (National Capital Territory) | New Delhi | Lieutenant Governor | Yes (with limitations) | Delhi High Court (Own) |
| Jammu and Kashmir | Srinagar (Summer), Jammu (Winter) | Lieutenant Governor | Yes (with limitations) | High Court of J&K and Ladakh |
| Ladakh | Leh | Lieutenant Governor | No | High Court of J&K and Ladakh |
| Lakshadweep | Kavaratti | Administrator | No | Kerala High Court |
| Puducherry | Puducherry | Lieutenant Governor | Yes | Madras High Court |
Prelims-ready Notes
UT Concept & Reasons
UT Concept: Directly administered by President through Administrator.
Reasons: Political/Administrative (Delhi), Cultural (Puducherry), Strategic (A&N, Lakshadweep), Special Care (Mizoram, Arunachal-historical), Reorganization (J&K, Ladakh).
Current UTs (8): A&N Islands, Chandigarh, DNH&DD, Delhi, J&K, Ladakh, Lakshadweep, Puducherry.
Administrator & Legislative Power
Administrator: Agent of President, not head of state. LG (Delhi, Puducherry, A&N, J&K, Ladakh), Administrator (Chandigarh, DNH&DD, Lakshadweep). Governor of state can be Administrator of adjoining UT (acts independently).
Parliamentary Power (Art 246(4)): Parliament can legislate on any subject for any UT, even those with legislatures (Parliament's law prevails).
President's Regulation Power (Art 240): For A&N, Lakshadweep, DNH&DD. Regulations have force of Act of Parliament, can amend/repeal Parliamentary law. Power suspended if legislature created.
Legislature/CoM for UTs (Art 239A): Parliament can create by law (e.g., for Puducherry, J&K) via Government of Union Territories Act, 1963.
Delhi (NCT)
69th CAA, 1991 added Art 239AA & 239AB.
LG as Administrator.
Legislative Assembly: Can legislate on State/Concurrent List, except Public Order, Police, Land. Parliament's law prevails.
CoM (10% strength): Aid & advise LG (except LG's discretion). LG refers difference of opinion to President.
SC Judgments: 2018 (LG bound by CoM except on 3 subjects), May 2023 (Delhi govt. has power over services except 3 subjects).
GNCTD (Amendment) Act, 2023: Re-established LG's control over 'services' via NCCSA, overriding May 2023 SC verdict. (Under challenge in SC).
Art 239AB: President's Rule equivalent for NCT.
J&K and Ladakh & High Courts
J&K Reorganisation Act, 2019: Divided J&K state into UT of J&K (with legislature) and UT of Ladakh (without legislature). Came into effect Oct 31, 2019.
UT of J&K: LG, Legislative Assembly (Police & Public Order with LG). Delimitation completed.
UT of Ladakh: LG, no legislature.
SC Verdict (Dec 2023): Upheld Art 370 abrogation. Directed J&K statehood restoration at earliest, J&K Assembly elections by Sep 2024.
High Courts (Art 241): Parliament can establish HC for UT. Delhi has its own HC. Other UTs under state HCs (e.g., Chandigarh - P&H HC; Puducherry - Madras HC; A&N - Calcutta HC; Lakshadweep - Kerala HC; DNH&DD - Bombay HC; J&K/Ladakh - common HC).
Advisory Committees: HMAC (for UTs without legislature), Administrator's Advisory Committee.
Mains-ready Analytical Notes
Major Debates/Discussions
- Federalism in Practice: UTs represent a unique blend of unitary and federal features. Delhi's tussle highlights tension between Union control & elected government's aspirations.
- "State-like" UTs vs. Full Statehood: Recurring debate for Delhi, Puducherry, J&K.
- Democratic Deficit: For UTs without legislatures, administration by unelected Administrator/LG raises questions about accountability.
- Abrogation of Article 370: Highly contentious, raising questions about constitutionalism, federalism, self-determination. SC verdict provides clarity.
Historical & Contemporary Relevance
- Historical Trends: Evolution from Chief Commissioners' Provinces to UTs, gradual statehood for larger/developed UTs.
- Recentralization vs. Decentralization: Trend towards decentralization (legislatures) balanced by recentralizing tendencies (Delhi governance, J&K reorganisation).
- Role of Judiciary: Crucial in interpreting LGs/Administrators' powers.
- Governance Model: UTs as laboratories for direct central administration and hybrid models.
- Security & Development: Strategic UTs (Ladakh, A&N) critical for national security, requiring direct central oversight.
- Urbanization Challenges: Delhi's model relevant for managing mega-city national capital.
- Integration & National Unity: J&K reorganisation aims for full constitutional integration.
Current Affairs & Recent Developments (Last One Year)
- Supreme Court Judgment on Article 370 (December 2023): Upheld abrogation, directed J&K statehood restoration at earliest and elections by September 2024. Most significant development.
- GNCTD (Amendment) Act, 2023 (August 2023): Significant for Delhi's power dynamics, particularly over civil services, re-establishing LG's control. Under judicial scrutiny.
- Delimitation in J&K: Final report accepted, paving way for elections, with increased seats and specific reservations.
- Focus on Development in Aspirational Districts/Blocks: Government schemes actively implemented in UTs to address disparities.
Source: Supreme Court of India official judgment, Parliament of India official website, news reports, ECI, NITI Aayog
UPSC Previous Year Questions (PYQs)
Question: Which one of the following is not a feature of Article 239AA of the Constitution of India?
(a) The Administrator of Delhi is designated as the Lieutenant Governor.
(b) The Legislative Assembly of Delhi has the power to make laws on all subjects of the State List except Public Order, Police and Land.
(c) The Council of Ministers of Delhi cannot exceed 10% of the total strength of the Legislative Assembly.
(d) The Lieutenant Governor is bound by the aid and advice of the Council of Ministers in all matters.
Answer: (d)
Hint/Explanation: Statement (d) is incorrect. Article 239AA(4) explicitly states that the LG is bound by aid and advice except in matters where he is required to act in his discretion, or in case of a difference of opinion where the matter is referred to the President. This discretionary power and the power to refer to the President are key features of Delhi's special status.
Question: The Administrator of a Union Territory is:
(a) A Governor
(b) An agent of the President
(c) A constitutional head
(d) A nominal head
Answer: (b)
Hint/Explanation: The Administrator of a UT is an agent of the President, directly administered by the Union government through him. He is not a constitutional head like a Governor in a state, nor just a nominal head, but directly exercises powers on behalf of the President.
Question: Which of the following Union Territories has its own High Court?
(a) Puducherry
(b) Andaman and Nicobar Islands
(c) Delhi
(d) Chandigarh
Answer: (c)
Hint/Explanation: Among the given options, only Delhi has its own dedicated High Court. Other UTs share High Court jurisdiction with neighbouring states.
Question: "Discuss the special provisions provided for the National Capital Territory of Delhi under the Constitution of India. Why is the ongoing tussle between the Lt. Governor and the elected government of Delhi a significant challenge for its governance?" (250 words)
Direction/Value Points:
- Special Provisions (Article 239AA): Explain unique status as NCT, LG as administrator, Legislative Assembly (powers & limitations on land, police, public order), CoM (aid & advice, 10% limit), LG's power to refer to President.
- Ongoing Tussle as Challenge: Clash of interpretations (LG's 'discretion' vs. elected government's mandate), 'Services' Control (core of conflict), Impact on Governance (policy paralysis, delays, accountability issues).
- Constitutional Interpretation: SC's role in defining boundaries, legislative changes (GNCTD Act, 2021/2023).
- Significance: Undermines cooperative federalism, challenges democratic principles in national capital.
Question: "The Prime Minister's 'J&K package' of 2015 was aimed at restoring normalcy in the State. Discuss the key features of the package and analyze its impact on the ground." (200 words)
Direction/Value Points:
- Context: Pre-2019 reorganisation, focus on development initiatives.
- Key features: Economic/infrastructure development, employment generation, tourism promotion, rehabilitation efforts.
- Impact: Discuss progress, but also limitations, persistent challenges (security, youth unemployment, political alienation).
- Link to current: Briefly mention how 2019 reorganization aimed to address some issues by deeper integration and accelerating development.
Note: This question is from before the 2019 reorganization but provides context for J&K's development.
Prelims:
- Consistent focus on factual aspects: creation rationale, administration types (LG vs. Administrator), specific articles (239AA), Parliament's power, President's regulation power, High Court jurisdiction.
- Post-2019, J&K and Ladakh's new status is highly likely to be tested.
Mains:
- Delhi Governance: Recurring, important. Questions on constitutional provisions, power tussle (LG vs. elected govt.), impact of SC judgments/legislative changes.
- J&K Reorganisation: Very relevant post-2019. Implications for federalism, governance, development, especially given recent SC verdict.
- General UT Administration: Less frequent, but could cover challenges, democratic deficit, or role in national development/security.
Overall Trend: Towards analyzing constitutional framework's practical application, especially in politically sensitive UTs, and integrating recent legal/political developments.