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UNION TERRITORIES

Introduction

The concept of territories administered by the Centre in India has a historical background predating independence. Scheduled districts were introduced in 1874, later becoming Chief Commissioners’ Provinces, directly administered by a Chief Commissioner under the Governor General/Viceroy. The States Reorganisation Act of 1956 reshaped India’s administrative divisions, creating Union Territories (UTs), with the Constitution (Seventh Amendment) Act of 1956 formalizing the concept of UTs. UTs are regions directly governed by the central government, often with less autonomy than full states, and they are typically used for areas with limited population or administrative capacity. UTs can evolve in status over time through legislative and administrative changes.

Union Territories in India

Reasons for the formation of Union Territories

• Union Territories (UTs) in India are created for various reasons, and their formation is usually based on specific requirements and circumstances. Some of the primary reasons for the creation of Union Territories in India include:
• Geopolitical Considerations: Certain regions may have strategic or geopolitical significance, and the central government may want to have direct control over them for reasons of national security or international relations.
• Small or Sparse Population: In cases where an area has a small or sparsely distributed population, it may not have the administrative capacity or resources to function as a full-fledged state. Creating a UT allows the central government to provide governance and services more effectively.
• Unique Cultural or Tribal Identities: Some areas with distinct cultural or tribal identities may be designated as UTs to preserve and protect their cultural heritage. UTs can provide a framework for recognizing and supporting these unique identities.
• Administrative Efficiency: Creating a UT can lead to more efficient governance and resource allocation, particularly in regions with specific developmental needs.
• Special Administrative Needs: Certain territories might require specialized administrative structures or legal provisions. Creating a UT allows for tailored governance and legislation to address these unique needs.
• Historical or Legal Factors: Historical considerations or legal agreements can sometimes lead to the establishment of UTs. For example, some UTs may have been created as part of a specific agreement or constitutional provision.
• Transition Phase: Some regions may start as UTs and later transition to full-fledged states as they develop economically and administratively. This gradual transition allows for more effective governance as regions grow.
• Proximity to the National Capital: UTs like Delhi and Puducherry were created to serve as the national capital territory and union territory, respectively, as they are home to the national capital and have unique governance arrangements to accommodate this status.
• Union Territories with Legislatures: In some cases, UTs are given their legislatures and greater autonomy to govern themselves while still being under the purview of the central government. This may be done to strike a balance between local self-governance and central oversight.

Administration of Union Territories

• The provisions for Union Territories in the Indian Constitution are laid out in Part VIII, encompassing Articles 239 to 241. Despite all Union Territories falling under the same category, their administrative systems vary. Various aspects regarding the governance of Union Territories in India are listed below:
• President’s Authority: Each Union Territory is governed by the President of India, who appoints an administrator to oversee its administration. Unlike a Governor in a state, the administrator acts as an agent of the President and not as the head of the state government.
• Types of Administrators: The administrator of a Union Territory can take different forms, such as a Lieutenant Governor (as seen in Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh), Chief Commissioner, or Administrator (for Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep).
• Governor as Administrator: In some cases, the President can appoint the Governor of a neighboring state as the administrator of a Union Territory bordering it. In this role, the Governor operates independently of their state’s council of ministers. For example, the Governor of Punjab concurrently serves as the Administrator of Chandigarh.
• Legislative Assemblies: Legislative assemblies and councils of ministers led by chief ministers have been established in the Union Territories of Puducherry (since 1963), Delhi (since 1992), and Jammu & Kashmir (since 2019). These territories have local popular political institutions. However, the remaining five Union Territories do not have comparable popular political institutions.
• Parliament’s Supremacy: Despite the presence of legislative assemblies in some Union Territories, the ultimate control over these territories rests with the President and Parliament. Parliament retains the authority to enact legislation on any subject, including those on the State List, for all Union Territories.
• Puducherry and Delhi Legislative Powers: The legislative assembly of Puducherry has the power to make laws on subjects listed in both the State and Concurrent Lists. Similarly, the legislative assembly of Delhi can legislate on subjects within the State List (except for public order, police, and land) and the Concurrent List.
• Legislative Powers of Jammu and Kashmir: The legislative assembly of Jammu and Kashmir has the authority to make laws on subjects within the State List, with certain exceptions such as public order and police. It can also legislate on subjects listed in the Concurrent List.
• Regulations by the President: The President has the authority to issue regulations for specific Union Territories, including the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh. These regulations are meant to ensure peace, progress, and good governance in these territories.
• Legislative Power in Puducherry: In Puducherry, the President can legislate by rules when the legislative assembly is suspended or dissolved. These rules have the same legal force as laws passed by Parliament. The President’s regulations can also revoke or alter any laws passed by Parliament that apply to these Union Territories.
• High Courts for Union Territories: The Constitution allows for the establishment of High Courts for Union Territories by Parliament. Alternatively, a UT’s judicial matters can be placed under the jurisdiction of the High Court of a neighboring state. Delhi is the only Union Territory with its own High Court, established since 1966.
• Administration of Acquired Territories: The Indian Constitution does not have separate provisions for the administration of acquired territories. Instead, the constitutional provisions governing the administration of Union Territories also apply to acquired territories, ensuring a consistent legal framework for governance.

Advisory Committees of Union Territories

• The Ministry of Home Affairs in India is responsible for governing Union Territories (UTs) in matters such as legislation, finance, budget, and the appointment of Lt. Governors and Administrators. In the five UTs without a legislative assembly, namely Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, and Ladakh, Advisory Committees exist.
• These committees, known as the Home Minister’s Advisory Committee (HMAC) and the Administrator’s Advisory Committee (AAC), are chaired by the Union Home Minister and UT Administrators, respectively. Members of these committees include Members of Parliament and elected representatives from local governments. The committees discuss and provide advice on general issues related to the social and economic development of the UTs, ensuring local concerns are considered in decision-making processes.

Difference between State and Union Territories

Administrative System of Union Territories at a Glance