UPSC NCERT - Constitutional Provisions of Union Territories

A Union Territory is a specific administrative unit in the Republic of India, directly governed by the Union Government. Currently, there are 8 Union Territories in India.

Union Territories (UTs) fall under Part-I (Article 1) of the Constitution, categorizing the Territory of India into three groups:

Territories of the States
Union Territories
Territories that may be acquired by the Government of India at any time.

Table of Contents

Union Territories

Territories that may be acquired by the Government of India at any time.
Union Territories are regions under the direct control and administration of the Central Government, often referred to as centrally administered territories. Presently, there are 8 Union Territories and no acquired territories.
In the initial categorization, territories were classified into four groups (Part-A) Former British Indian Provinces, (Part-B) Princely States, (Part-C) Provinces under the Chief Commissioner, and (Part-D) Andaman and Nicobar Islands.
The 7th Constitutional Amendment Act, of 1956, elevated the status of States in Categories (Part-C) and (Part-D) to that of Union Territories.
The State Reorganisation Commission in 1956 established 14 states and 6 Union Territories. Some Union Territories were later granted full statehood, while others were integrated into different regions.
For instance, acquired territories like Puducherry, Dadra Nagar Haveli, and Daman underwent specific reconfigurations.
Dadra and Nagar Haveli and Daman and Diu were designated as Union Territories. Presently, India comprises 28 states and 8 Union Territories, with no acquired territories.
The Jammu and Kashmir Reorganisation Act, 2019, restructured Jammu and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh.
The Dadra and Nagar Haveli and Daman and Diu Act, 2019 merged these territories to form a unified Union Territory. The following is a list of Union Territories in India and the years of their creation:
- Andaman and Nicobar Islands (1956)
- National Capital Territory of Delhi (NCT) (1956)
- Lakshadweep (1956)
- Puducherry (1962)
- Chandigarh (1966)
- Jammu and Kashmir (2019)
- Ladakh (2019)
- Dadra and Nagar Haveli and Daman and Diu (2019)
Constitutional provisions related to Union Territories are outlined in Article 239, Article 239A (Creation of Local Legislatures or Councils for certain Union Territories), Article 239AA (Special provisions concerning Delhi), Article 239AB (Provision in case of failure of the Constitutional machinery), Article 239B (Power of the administrator to promulgate ordinances in the recess of the Legislature), Article 240 (Power of the President to make regulations for Territories), and Article 241 (High Courts for Union Territories).

The historical development of Union Territories

The historical development of Union Territories traces back to the British era when Indian Territory was classified into Parts A, B, C, and D for administrative purposes. Post-independence, territories under Part C and Part D were amalgamated into a unified category known as Union Territories.
Part C States were distinguished by their administration through a Chief Commissioner or a Lieutenant Governor, acting as their agent.
Parliament held legislative power over any subject concerning Part C States. However, there was no Legislature, only a Council of Advisors or Ministers for Part C States.
The 7th Constitutional Amendment Act of 1956 reclassified states into three parts: Part A, Part B, and Part C. Territories in Part D were abolished. The entire Territory of India was categorized into states, Union Territories, and any acquired territories.
Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, and Goa, now states, were previous Union Territories under Part C and Part D.
States or provinces are Constitutional Units with a federal relationship with the Centre. Union Territories differ subtly in two respects: they aren’t part of the federal structure and don’t participate in the division of power. Instead, they are directly administered by the Centre through appointed Lieutenant Governors or Chief Commissioners.

Union Territories serve various purposes:

Delhi and Chandigarh: for political and administrative reasons
Puducherry, Dadra and Nagar Haveli, and Daman and Diu: for cultural distinctiveness
Andaman and Nicobar Islands and Lakshadweep: for strategic importance
The National Capital Territory of Delhi emerged from the former Union Territory of Delhi, now equipped with a Legislature and Council of Ministers (Articles 239AA and 239AB inserted by the 69th Amendment, 1991).

Difference between States and Union Territories

State	Union Territory
A state is an independent body administered either by a unicameral or bicameral State Legislature.	A Union Territory is not an autonomous unit but is managed by administrators appointed by India’s President.
The constitutional and executive head of the state is the Governor of the State.	The President is the executive authority for the Union Territories, and the administrator is appointed by the President.
States are administered by Chief Ministers elected by the people of India.	Union Territories are administered by an appointed administrator.
Parliament cannot make laws on the subjects of the State List about the states except under extraordinary circumstances.	Parliament can make laws on any subject of the three lists of the Union Territories.
States enjoy autonomous powers.	Union Territories do not have autonomous powers.

Administration of Union Territories

Articles 239 to 241 under Part VIII of the Constitution deal with the administration of Union Territories.
According to Article 239(1), every Union Territory shall be administered by the President acting through an administrator appointed by him.
The President has the right to assign any designation to the administrator of the Union Territories as per his wish.
The administrator is usually called the Lieutenant Governor in the case of Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh, and Administrator in the case of Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep.
Under Article 239(2), instead of appointing an administrator from outside, the President may appoint the Governor of a State as the administrator of an adjoining Union Territory.

Legislature in Union Territories

The 14th Constitutional Amendment Act of 1962 introduced provisions by adding Article 239(A) to the Constitution. Under this, Parliament may, by law, create a Legislature and a Council of Ministers or both for any territory.
The legislative and executive powers related to public order, police, and land are retained by the Union and are handled through the Lieutenant Governor of Delhi.
Under Article 239(A), the Union Territory of Andaman and Nicobar Islands has a nominated body in place of a Legislature.
Articles 239(A) and 40 grant the administrator of a Union Territory powers to promulgate ordinances, similar to the Governors of States.
According to Article 246(4), Parliament has exclusive legislative power over a Union Territory, including matters enumerated in the State List.
Laws made by the President about Union Territories have the same force and effect as an Act of Parliament.
Currently, the power of the President applies to make regulations for the peace, progress, and good government of two groups of Union Territories, namely Dadra and Nagar Haveli and Daman and Diu, and Puducherry.
This power of the President overrides the legislative power of Parliament, as a regulation made by the President holds precedence.
According to Article 240(2), these territories may repeal or amend any Act of Parliament that is currently applicable to the Union Territory.
Additionally, the President’s power to make regulations remains suspended while the Legislature is functioning in any of these states, to be revived as soon as such legislature is dissolved or suspended.

Ordinance-making power of the Administrator

Article 239A grants the Union Administrator the authority to issue ordinances. In Puducherry, the administrator can promulgate ordinances when the Legislative Assembly is not in session, with the President’s prior permission.
The State Legislature must approve the ordinance within six weeks of its reassembly, or it will automatically lapse. The administrator can also withdraw it under the President’s direction.

National Capital Territory of Delhi (NCT)

Let’s delve into the National Capital Territory of Delhi (NCT). The Legislative Assembly was initially formed in 1952 but abolished in 1986 during the state reorganization.
The Sarkaria Commission was established to address administrative reorganization in Delhi.
The Constitution (69th Amendment) Act, of 1991 formally named Delhi the National Capital Territory. This act granted Delhi its own Legislative Assembly with limited powers, along with a Lieutenant Governor, Council of Ministers, and Chief Minister.
Members of the Legislative Assembly are directly elected from territorial constituencies in the NCT. The assembly abolished in 1956, was reinstated in 1993 after a period of direct federal control.
The Municipal Corporation of Delhi (MCD) administers civil affairs under the Panchayati Raj Act. New Delhi is jointly administered by the Government of India and the Government of NCT.
Key national institutions, including the Parliament, Rashtrapati Bhavan, Cabinet Secretariat, and Supreme Court, are located in New Delhi.
The city has 70 assembly constituencies and 7 Lok Sabha constituencies, making it the only Union Territory with its own High Court.
The Council of Ministers, comprising the Chief Minister and six other ministers, is fixed at 10% of the assembly’s total strength, i.e., seven members.
The Chief Minister is appointed by the President, not the Lieutenant Governor, and other ministers are appointed on the Chief Minister’s advice.
All ministers serve at the pleasure of the President and are collectively responsible to the Legislative Assembly.
Reserved seats for Scheduled Castes in the Delhi Legislative Assembly follow Parliament’s laws, while no seats are allotted for Scheduled Tribes due to their non-availability in Delhi.
Election-related matters in Delhi adhere to provisions applicable to the Legislative Assemblies and members of other states.
The assembly can legislate on all matters of the State and Concurrent Lists, except for the three State List matters: Public Order, Land, and Police.
New Delhi stands out as the only Union Territory with its own High Court, hosting crucial national institutions.
The Lieutenant Governor of the National Capital Territory of Delhi is not only the constitutional head but also holds the executive position, being accountable solely to the President.

Andaman and Nicobar

Moving on to the Andaman and Nicobar Islands, situated at the confluence of the Bay of Bengal, they form a Union Territory of India. Port Blair, located in the Andamanese town, serves as the capital.

Administratively linked to the Nicobar Islands, this Union Territory came into existence in 1956, with the Lieutenant Governor serving as its Executive Head.

Chandigarh

Chandigarh, a city and Union Territory serving as the capital for both Haryana and Punjab is administered by the Administrator appointed under Article 239 of the Indian Constitution.

Dadra and Nagar Haveli and Daman and Diu

Dadra and Nagar Haveli, initially incorporated as a Union Territory on August 11, 1961, and Goa, Daman, and Diu, formerly a single Union Territory until May 30, 1987, underwent legislative changes.
In December 2019, the Parliament merged Dadra and Nagar Haveli with Daman and Diu, forming a unified Union Territory on January 26, 2020.

Puducherry

Puducherry, created from four enclaves of former French colonies, achieved Union Territory status through the 14th Amendment Act.
Enjoying partial statehood powers, it has an elected Legislative Assembly and a Cabinet of Ministers. The Lieutenant Governor, representing the Centre, resides at Raj Nivas.

Lakshadweep

Lakshadweep, a collection of picturesque islands near the Kerala coast, became a Union Territory on November 1, 1956.
The Ministry of Home Affairs is the Nodal Ministry for UT-related matters, with Malayalam, Hindi, Mahl, and English being the spoken languages.
The executive head is designated as the administrator.

Jammu and Kashmir

Jammu and Kashmir, initially included under the Indian Constitution via Article 370, underwent a significant transformation in August 2019.
Following the abolition of Article 370, it was reconstituted into a Union Territory, comprising Jammu and Kashmir divisions.
Governed by Article 239 of the Indian Constitution, a Union Territory is administered by a Lieutenant Governor, supported by a Council of Ministers led by a Chief Minister. The Union Territory also includes Parliamentary seats for both houses.

Ladakh

Ladakh, formerly a part of Jammu and Kashmir until August 2019, was designated as a Union Territory after its separation from Jammu and Kashmir.
Unlike some Union Territories, Ladakh operates without a Legislative Assembly.
The head, the Lieutenant Governor, is assisted by civil servants from the Indian Administrative Service, and the Jammu and Kashmir High Court serves as the High Court for Ladakh.

Home Ministers Advisory Committees for Union Territories

The Ministry of Home Affairs, as per the Government of India (Allocation of Business) Rules, 1961, acts as the nodal agency for financial services, lieutenant governors’ appointments, and administrators in Union Territories.
For Union Territories lacking a legislature, such as Andaman and Nicobar Islands, Ladakh, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, and Lakshadweep, the Home Minister’s Advisory Committee and Administrator’s Advisory Committee play a crucial role in social and economic development.

High Court for a Union Territory

Article 241 of the Constitution outlines the provision for High Courts in Union Territories.
Parliament can establish a High Court for a Union Territory or designate any court within the territory as a High Court.
Jurisdiction examples include the Punjab and Haryana High Court for Chandigarh, the Kerala High Court for Lakshadweep, the Calcutta High Court for Andaman and Nicobar Islands, the Madras High Court for Puducherry, and the Bombay High Court for Dadra and Nagar Haveli.
Delhi has had its separate High Court since 1966, while the Union Territory of Jammu and Kashmir has its own High Court with jurisdiction over Ladakh.

Acquired territories

Regarding acquired territories, there are no specific constitutional provisions.
However, the principles governing Union Territories are extended to acquired territories, granting Parliament the plenary power of legislation over such territories as outlined in Article 366(30).

Prelims Facts

According to Article 239 (1), every Union Territory shall be administered by the President [UPPSC (Pre) 1995]
If a new State/Union Territory is to be formed, which schedule of the Constitution will need to be amended? First Schedule [UP Lower 2008]
How many States and UTs did the States Reorganisation Commission create in 1956? 14 States and 6 UTs [MPPCS (Pre) 2004]
By which Constitutional Amendment, was Delhi given the status of National Capital Region ? 69th Amendment Act, 1991 [UPPSC (Pre) 2014]
The power of the President of India to make regulations for certain Union Territories under which article? Article 240 [RAS/RTS (Pre) 2018]
In 1961, which Union Territory became part of India and was annexed by the 10th Amendment of the Indian Constitution? – Dadra and Nagar Haveli ICGPSC (Pre) 2022]
Which Union Territory has a High Court of its own Delhi [CGPSC (Pre) 2011]
The Jurisdiction of the Union Territory of Lakshadweep is Kerala High Court [MPPSC (Pre2014)

UPSC NCERT Practice Questions

1. Which of the following is not a Union Territory?

(a) The Andaman and Nicobar Islands

(b) Daman and Diu

(d) Puducherry

2. Which one of the following pairs is not correctly matched in terms of power of President to make regulation for certain Union Territories under Article 240 of Indian Constitution? RAS/RTS (Pre) 2018

a) 240 (1) -Andaman and Nicobar Islands

(b) 240 (1) Lakshadweep’

(d) 240 (1) Daman and Diu

3. Which of the following statements is incorrect? IAS (Pre) 2000

(a) Goa got statehood in the year 1987. (b

(b) Diu is an island in the Gulf of Khambat.

(d) Dadra and Nagar Haveli were under French Colonial Rule till the year 1964.

4. By which Constitutional Amendment, was Delhi given the status of National Capital Region?

4. After the dissolution of the Legislative Council of the erstwhile state of Jammu and Kashmir, how many states have Legislative Council in India?

(a) 5

(b) 7

(d) 6

5. Consider the following about the Jammu and Kashmir Reorganisation Act, 2019.

1. Article 370 in the Constitution was revoked through the Constitutional Amendment.

2. The administration of UT of Jammu and Kashmir will be as per, Article 239A of the Indian Constitution.

3. Out of the six Lok Sabha seats allocated to the state of Jammu and Kashmir, one will be allocated to Ladakh and five will be accorded to the Jammu and Kashmir Union Territory.

Select the correct answer from the options given below.

(a) 1 and 3

(a) 2 and 3

(b) All of these

6. Match the following Union Territories with their years of creation.

Union Territories	Years of Creation
Lakshadweep	1961
Daman and Diu	1966
Chandigarh	1962
Dadra and Nagar Haveli	1956

Codes:

A B C D
(a) 1 2 3 4

(b) 4 3 2 1

(d) 1 2 3 4

7. By which Constitutional Amendment, was Delhi given the status of National Capital Region?

(a) 67th

(b) 69th

(d) 70th

Know Right Answer

1. (c)

2. (c)

3. (d)

4. (d)

5. (b)

6. (b)

7. (b)

Frequently Asked Questions (FAQs)

Q1: What is the constitutional status of Union Territories in India?

A1: Union Territories (UTs) in India have a unique constitutional status. While states have their own governments and legislatures, UTs are directly administered by the President of India through an administrator appointed by him. However, some UTs like Delhi and Puducherry have a special status with legislative assemblies and councils, allowing for a certain degree of self-governance.

Q2: How are administrators appointed in Union Territories?

A2: The administrators of Union Territories are appointed by the President of India. They act as representatives of the President and perform the functions of the state government in the UT. The administrator’s role varies depending on whether the UT has a legislative assembly or not. In UTs with legislatures, the administrator works in conjunction with the council of ministers and the legislature, while in UTs without legislatures, the administrator has more direct control.

Q3: Can Union Territories be granted statehood?

A3: Yes, Union Territories can be granted statehood through a constitutional amendment. The process typically involves a recommendation from the President, followed by Parliament passing a law to confer statehood on the Union Territory. This transition often occurs when there is a consensus that the UT has achieved the necessary conditions for full-fledged statehood, including a stable administration and a substantial population. However, not all Union Territories may seek or be granted statehood, as it depends on various factors and considerations.

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UPSC NCERT Notes – Indian Polity – Constitutional Provisions of Union Territories