Introduction & Summary
Union Territories (UTs) represent a unique administrative arrangement in India, functioning under the direct control of the Union Government. Unlike states, which share sovereign power with the Centre in a federal structure, UTs are centrally administered areas, often created for diverse reasons ranging from strategic importance and cultural distinctiveness to political-administrative expediency. Part VIII of the Constitution (Articles 239-241) outlines their administration, parliamentary legislative powers, and the special provisions for UTs like Delhi and Puducherry which have legislative assemblies. The recent reorganization of Jammu & Kashmir and Ladakh into UTs further underscores the dynamic nature of this administrative framework.
Rationale for Creation of Union Territories
Political & Administrative
Delhi: National Capital Territory, requiring direct central control. Chandigarh: Joint capital of Punjab and Haryana, necessitates central management.
Source: M. Laxmikanth
Cultural Distinctiveness
Puducherry: Former French establishments retaining unique heritage. D&NH and Daman & Diu: Former Portuguese enclaves preserving distinct identity.
Source: M. Laxmikanth
Strategic Importance
Andaman & Nicobar Islands and Lakshadweep: Geographically vital for national security and defence due to proximity to international shipping lanes.
Source: M. Laxmikanth
Special Care & Development
Historically, backward and tribal areas were UTs for focused development and protection of tribal interests (e.g., Mizoram, Arunachal Pradesh, Goa were initially UTs).
Source: M. Laxmikanth
Recent Reorganization (J&K, Ladakh)
Jammu & Kashmir and Ladakh (2019): Reorganized into UTs primarily for security considerations, to address militancy, and to promote integrated development through direct central oversight. Ladakh's distinct identity also played a role.
Source: J&K Reorganisation Act, 2019; Government statements
Administration of Union Territories (Article 239)
General Rule & Administrator's Role
- Article 239(1): Every Union Territory is administered by the President acting, to such extent as he thinks fit, through an Administrator to be appointed by him with such designation as he may specify.
- The Administrator (or Lieutenant Governor) of a UT is not the head of state (like a Governor who heads a state executive). He is an agent of the President, functioning directly under central control.
- The President can designate the Administrator as a:
- Lieutenant Governor (LG): For Delhi, Puducherry, Andaman & Nicobar Islands, Jammu & Kashmir, and Ladakh.
- Administrator: For Chandigarh, Dadra & Nagar Haveli and Daman & Diu, and Lakshadweep.
- Source: The Constitution of India, Art 239; M. Laxmikanth
Governor as Administrator (Article 239(2))
- Article 239(2): The President can appoint the Governor of a State as the Administrator of an adjoining Union Territory.
- In such a scenario, the Governor acts in his capacity as Administrator independently of his Council of Ministers of the State. He exercises his functions as Administrator at his own discretion.
- Source: The Constitution of India, Art 239; M. Laxmikanth
Legislative Powers for Union Territories
Parliament's Power (Article 246(4))
- Article 246(4): Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State, notwithstanding that such matter is enumerated in the State List.
- This means Parliament can legislate on all three lists (Union, State, Concurrent) for the UTs.
- This power is extensive and applies even to UTs that have their own Legislative Assemblies (Delhi, Puducherry, J&K), though with some limitations for them.
- Source: The Constitution of India, Art 246; M. Laxmikanth
President's Regulations (Article 240)
- Article 240: The President is empowered to make regulations for the peace, progress, and good government of five Union Territories:
- Andaman and Nicobar Islands
- Lakshadweep
- Dadra & Nagar Haveli and Daman & Diu
- Puducherry (when its legislative assembly is suspended or dissolved)
- Ladakh
- Effect: A regulation made by the President has the same force and effect as an Act of Parliament and can even repeal or amend an Act of Parliament related to these UTs.
- Source: The Constitution of India, Art 240; M. Laxmikanth
Legislative Assemblies for Certain UTs
Article 239A (e.g., Puducherry)
- Article 239A: Parliament can, by law, create a local Legislature or a Council of Ministers or both for any Union Territory. This power was exercised to create the Legislative Assembly and Council of Ministers for Puducherry.
- A law made by Parliament under Article 239A for creating local legislature/CoM for a UT is not deemed to be an amendment of the Constitution for the purposes of Article 368. It can be passed by a simple majority.
- The Government of Union Territories Act, 1963, was enacted by Parliament under Article 239A to provide for a Legislative Assembly and Council of Ministers for Puducherry (and previously for Goa, Daman & Diu, Mizoram, and Arunachal Pradesh before they became states).
- Source: The Constitution of India, Art 239A; Government of Union Territories Act, 1963; M. Laxmikanth
Special Provisions with respect to Delhi
Constitutional Status (Arts 239AA & 239AB)
- The National Capital Territory of Delhi (NCTD) has a unique constitutional status due to its nature as the national capital.
- 69th Constitutional Amendment Act, 1991: Inserted Articles 239AA and 239AB. Redesignated Delhi as NCTD.
- The Administrator of Delhi is designated as the Lieutenant Governor (LG). A Legislative Assembly for NCTD was provided.
- Legislative Competence: Assembly can make laws on all State List and Concurrent List matters, EXCEPT Public Order, Police, and Land. Parliament's law prevails.
- A Council of Ministers headed by a Chief Minister aids and advises the LG.
- Article 239AA(4) (Difference of Opinion): LG refers matters of difference to the President for decision. LG can take immediate action if necessary.
- Article 239AB (Failure of Constitutional Machinery): President can suspend operation of Art 239AA (similar to President's Rule).
- Source: The Constitution of India (69th Amendment Act, 1991); M. Laxmikanth
Supreme Court Judgments on Delhi's Powers
- Context: Long-standing legal and political friction between the elected Delhi government and the LG over division of powers ('Services' matter).
- SC Judgment (NCT of Delhi v. Union of India, 2018): Largely sided with the elected government. Clarified LG is bound by aid and advice of CoM on all matters where Assembly has legislative competence (i.e., all subjects except Public Order, Police, Land). Emphasized LG's referral power to be used sparingly, exceptionally, not routinely.
- SC Judgment (NCT of Delhi v. Union of India, 2023): Ruled Delhi government has legislative and executive control over administrative services in NCTD, excluding public order, police, and land. Re-emphasized LG is bound by elected government's decisions on 'services'.
- Source: SC judgments (NCT of Delhi v. Union of India, 2018, 2023); News reports
Recent GNCTD Amendment Acts (2021 & 2023)
- Context: Union Government passed these amendments, effectively overturning certain aspects of the SC's judgments.
- GNCTD Amendment Act, 2021: Defined "Government" in any law to mean the Lieutenant Governor. Mandated LG's opinion must be obtained before any executive action by CoM. Expanded LG's discretion.
- Impact/Controversy: Critics argued it diluted powers of elected government and re-established LG's dominance.
- GNCTD Amendment Act, 2023: Passed shortly after SC's May 2023 'services' judgment. Created a National Capital Civil Service Authority (NCCSA) for transfer/posting/disciplinary proceedings against civil service officers. NCCSA is headed by CM, but also includes Chief Secretary & Principal Secretary (Home), with decisions by majority, and LG having final say in difference of opinion.
- Impact/Controversy: Seen by critics as further centralizing control over Delhi administration, undermining elected government's authority.
- Source: GNCTD Amendment Acts, 2021, 2023; News reports; Legal commentaries
Provisions for Jammu & Kashmir and Ladakh UTs
J&K Reorganisation Act, 2019
- The Jammu and Kashmir Reorganisation Act, 2019, drastically altered the status of the former State of J&K.
- This Act abolished Article 370 and Article 35A and reorganized the state into two Union Territories.
- Source: Jammu and Kashmir Reorganisation Act, 2019
UT of Jammu & Kashmir
- Status: Constituted as a Union Territory with a Legislative Assembly.
- Administrator: Administered by a Lieutenant Governor (LG).
- Legislative Competence: The Assembly has legislative powers over subjects in the State List (except Public Order and Police) and the Concurrent List.
- Council of Ministers: Provision for a Council of Ministers headed by a CM to aid and advise the LG.
- Source: Jammu and Kashmir Reorganisation Act, 2019
UT of Ladakh
- Status: Constituted as a Union Territory without a Legislative Assembly.
- Administrator: Administered by a Lieutenant Governor (LG).
- Direct Central Control: It is under direct central control, similar to Chandigarh or Andaman & Nicobar Islands.
- Source: Jammu and Kashmir Reorganisation Act, 2019
High Courts for Union Territories (Article 241)
Parliament's Power & Delhi HC
- Article 241: Parliament has the power to legislate regarding High Courts for Union Territories.
- Delhi High Court: Delhi is the only UT that has its own High Court (established 1966).
- Source: The Constitution of India, Art 241; M. Laxmikanth
Jurisdiction of Adjoining State High Courts
- For most UTs, the jurisdiction of an adjoining State High Court is extended:
- Bombay HC: Dadra & Nagar Haveli and Daman & Diu.
- Calcutta HC: Andaman & Nicobar Islands (with a circuit bench at Port Blair).
- Kerala HC: Lakshadweep.
- Madras HC: Puducherry.
- Punjab & Haryana HC: Chandigarh.
- J&K & Ladakh HC: Shares jurisdiction over both UTs (former J&K High Court).
- Source: M. Laxmikanth
Advisory Committees for Union Territories
HMAC & Administrator's Advisory Committee
- For UTs without a Legislative Assembly (e.g., Andaman & Nicobar Islands, Lakshadweep, Chandigarh, Ladakh, Dadra & Nagar Haveli and Daman & Diu), a Home Minister's Advisory Committee (HMAC) or a similar committee is constituted.
- Composition: Chaired by the Union Home Minister, with MPs and local representatives.
- Role: Advises the Home Minister on general policy matters relating to the administration of the UT.
- For these UTs, an Administrator’s Advisory Committee is also constituted, comprising local representatives, to advise the Administrator on day-to-day administration.
- These committees, though advisory, provide a platform for local representation and input in the administration and development of UTs without elected legislatures. They aim to bridge the democratic deficit in these centrally administered regions.
- Source: MHA
Prelims-ready Notes
- Part VIII of Constitution: Articles 239-241.
- Rationale for UTs: Political/admin (Delhi, Chandigarh), Cultural (Puducherry, D&NH & D&D), Strategic (A&N, Lakshadweep), Special care (earlier NE states), Security/Dev (J&K, Ladakh).
- Administration (Art 239): By President acting through an Administrator (LG, Administrator, Chief Commissioner). Administrator is agent of President. President can appoint State Governor as Administrator of adjoining UT (Gov acts independently of his CoM).
- Legislative Powers for UTs: Parliament can make laws on ANY subject of three lists for all UTs (Art 246(4)). President's Regulations (Art 240) for A&N, Lakshadweep, D&NH & D&D, Puducherry (when assembly dissolved/suspended), Ladakh.
- Legislative Assemblies & CoM for certain UTs: Art 239A (e.g., Puducherry - via Gov. of UTs Act, 1963). Such law NOT an Art 368 amendment.
- Delhi (Art 239AA, 239AB): 69th Amend, 1991. LG. Legislative Competence: State List (EXCEPT Public Order, Police, Land), Concurrent List. Parl. law prevails. LG refers difference of opinion to President.
- J&K & Ladakh UTs (J&K Reorganisation Act, 2019): UT of J&K with Legislative Assembly (PO, Police reserved). UT of Ladakh WITHOUT Legislative Assembly. LG for both.
- High Courts for UTs (Art 241): Parliament can constitute HC (Delhi HC) or extend State HC jurisdiction.
- Advisory Committees: Home Minister’s Advisory Committee (HMAC) for UTs without legislature; Administrator’s Advisory Committee.
Summary Table: Union Territories (UTs)
| Type of UT | Administrator | Legislature & CoM | Legislative Powers | Unique Features/Examples |
|---|---|---|---|---|
| With Legislature | Lieutenant Governor (LG) | Yes (LA & CoM) | Assembly: State List (except reserved subjects), Concurrent List. Parliament: All 3 Lists (prevails). | Delhi (Art 239AA): PO, Police, Land reserved for Centre. LG-elected govt friction. Puducherry (Art 239A): All State List subjects. J&K (2019): PO, Police reserved. |
| Without Legislature | Lieutenant Governor (LG) / Administrator | No | Parliament: All 3 Lists. President: Regulations (Art 240, same force as Parl. Act). | A&N Islands, Lakshadweep, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Ladakh. |
Source: The Constitution of India; M. Laxmikanth; J&K Reorganisation Act, 2019.
Mains-ready Analytical Notes
- UTs: A Centralized Administrative Model within a Federal System: Represents a practical deviation from pure federalism, allowing Union direct control due to diverse reasons (strategic, cultural, administrative), showing India's quasi-federal structure flexibility.
- Delhi's Unique Status: A Conundrum of Governance: Article 239AA creates inherent tension between elected govt and LG. SC judgments attempt to clarify, but subsequent Acts (GNCTD Amend. Acts 2021, 2023) reignite debate on autonomy vs. central control.
- Legislative Power Over UTs: Parliament's Supremacy: Parliament's power to legislate on all three lists (Art 246(4)) and President's regulation-making power (Art 240) show central dominance, reflecting unitary bias and potential democratic deficit.
- J&K and Ladakh Reorganization - Implications for Federalism: 2019 reorganization is a profound shift, an instance of Union unilaterally downgrading a state. Raises debates on state autonomy, democratic representation, and scope of Art 3.
- Balancing Central Control with Local Aspirations: Key challenge in UT administration is balancing strategic imperatives with democratic aspirations and cultural identities. Legislatures for some UTs and advisory committees for others are attempts at local self-governance.
- High Courts for UTs - Ensuring Judicial Access: Constitutional provisions for HCs (Art 241) or extending state HCs ensure judicial oversight and access to justice for UT residents, important for rule of law.
Contemporary Relevance
- Democracy vs. Centralization: Ongoing power tussle in Delhi between elected government and LG/Centre exemplifies challenges in balancing control and democracy in UTs.
- Development of J&K and Ladakh: Focus on development and security in these new UTs under direct central administration is a major policy priority, linked to their reorganization.
- Smart City/Urban Development in UTs: Central government's urban missions directly implemented in UTs, showcasing direct central approach.
- Local Body Elections: Regular elections in UTs with legislatures (e.g., MCD, Puducherry) are crucial for democratic accountability.
Current Affairs and Recent Developments
December 2023
Supreme Court Verdict on Abrogation of Article 370 and J&K Reorganization: The Supreme Court upheld the constitutionality of the Union Government's decision to abrogate Article 370 and reorganize the State of Jammu and Kashmir into two Union Territories (J&K with an assembly, Ladakh without). The judgment also directed the Election Commission to take steps to hold elections in the UT of J&K. (Source: Supreme Court of India website, PIB).
August 2023
Government of National Capital Territory of Delhi (Amendment) Act, 2023: Parliament passed this Act to replace an earlier ordinance, giving the Lieutenant Governor (LG) greater control over services in Delhi. This Act effectively overturns a Supreme Court judgment (May 2023) that had given the elected Delhi government control over 'services'. It created a National Capital Civil Service Authority (NCCSA), with the LG having the final say, reigniting the power struggle. (Source: Parliament of India, MHA).
Ongoing
New Laws for J&K and Ladakh: Following the reorganization, several central laws have been extended to the UTs of J&K and Ladakh, and new laws enacted for their governance (e.g., local bodies, education, public services), as a continuous process of legislative integration. (Source: MHA, news reports).
Ongoing
Development Initiatives in Ladakh & Puducherry Dynamics: The Union government is actively promoting tourism, infrastructure, and connectivity in Ladakh, relating to its "Strategic importance" rationale. Political developments in Puducherry continue to highlight the functioning of a UT with a legislature. (Source: Ministries of Tourism, Road Transport; News reports).
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC CSE 2023: Consider the following statements:
1. When the Union Budget is presented to the Parliament, the Rajya Sabha does not have the power to vote on the Demands for Grants.
2. No Money Bill can be introduced in the Rajya Sabha.
3. The Rajya Sabha cannot discuss the Annual Financial Statement.
Which of the statements given above is/are correct?
2. UPSC CSE 2022: With reference to the Constitution of India, consider the following statements:
1. No High Court has the jurisdiction to entertain a petition challenging the constitutional validity of any Central law.
2. An amendment to the Constitution of India can be initiated by an introduction of a Bill in the Lok Sabha only.
3. The Supreme Court of India has held that all the amendments to the Constitution of India made after 24th April 1973 are subject to judicial review.
Which of the statements given above is/are correct?
3. UPSC CSE 2013: What is the constitutional status of Dadra and Nagar Haveli?
Mains Questions
- UPSC CSE 2020 (15 marks): "Indian Constitution exhibits a unique blend of federalism and unitarism. Elaborate."
- UPSC CSE 2018 (15 marks): "Constitutional morality is rooted in the Constitution itself and is founded on the essential principles of the constitutional structure. Explain the doctrine of 'constitutional morality' with the help of relevant court cases."
- UPSC CSE 2016 (12.5 marks): "What are the methods used by the Indian Constitution to ensure the independence of the Judiciary?"
Original MCQs for Prelims
1. Which of the following statements regarding the administration of Union Territories is/are correct?
- A Union Territory is administered by the President through an Administrator appointed by him.
- If the Governor of a State is appointed as the Administrator of an adjoining Union Territory, he acts on the aid and advice of his State's Council of Ministers.
- The President can make regulations for the peace, progress, and good government of Puducherry when its Legislative Assembly is dissolved.
Select the correct answer using the code given below:
2. Consider the following Union Territories:
- Andaman & Nicobar Islands
- Delhi
- Lakshadweep
- Jammu & Kashmir
Which of these Union Territories have a Lieutenant Governor as their Administrator?
Original Descriptive Questions for Mains
1. "The administrative arrangement for the National Capital Territory of Delhi (NCTD) embodies a perpetual constitutional conflict between the elected government and the Lieutenant Governor (LG), reflecting a struggle for autonomy." Critically analyze the special provisions for Delhi under Article 239AA and 239AB, discussing the Supreme Court's interpretations and the impact of recent legislative amendments on this power dynamic. (15 marks)
Key Points/Structure:
- Introduction: Introduce Delhi's unique status (national capital) and the inherent conflict due to its dual administrative model (elected government + LG representing Centre).
- Constitutional Provisions (Art 239AA & 239AB): Detail creation of LA/CoM, legislative competence (reserved subjects), Parliament's supremacy, LG's aid and advice role, difference of opinion clause (239AA(4)), and failure of constitutional machinery (239AB).
- Supreme Court's Interpretations (Pre-2023 GNCTD Act): Discuss NCT of Delhi vs. Union of India (2018 & 2023 'Services' judgments), emphasizing LG's binding by aid and advice on devolved subjects and limited use of referral power.
- Impact of Recent Legislative Amendments (GNCTD Amendment Acts, 2021 & 2023): Explain how these acts defined "Government" as LG, made LG's opinion mandatory, created NCCSA, and their effect on curtailing elected government's powers.
- Analysis of Conflict: Highlight the continuous power struggle, questions raised about representative democracy, federalism, and constitutional governance.
- Conclusion: Conclude Delhi model is complex, evolving, contentious. Resolution requires clear constitutional demarcation respecting both democratic mandate and capital's needs.
2. "The reorganization of the State of Jammu and Kashmir into two Union Territories in 2019 was a significant administrative and constitutional shift, profoundly impacting India's federal structure and the principle of state autonomy." Discuss the rationale behind this reorganization and its implications for the governance and democratic representation of the newly formed Union Territories. (10 marks)
Key Points/Structure:
- Introduction: Briefly state the abrogation of Article 370 and the reorganization of J&K into two UTs by the J&K Reorganisation Act, 2019.
- Rationale for Reorganization (Government's Stand): Discuss security, development, integration, and Ladakh's distinct identity as key reasons.
- Implications for Governance and Democratic Representation:
- Impact on Federal Structure: Unilateral downgrade of state status, highlighting 'unitary bias' and Parliament's power (debated).
- UT of Jammu & Kashmir (with Legislature): Limited autonomy (PO, Police reserved), LG's potential dominance, restoration of elected representation with central oversight.
- UT of Ladakh (without Legislature): Direct central control, democratic deficit concerns, focus on targeted development.
- Legal Challenges: Mention SC upholding abrogation/reorganization in Dec 2023.
- Conclusion: Conclude that reorganization was a drastic step with multi-faceted implications. While aimed at security/development, it shifted power to Centre, creating unique governance models whose outcomes are to be watched.