Union Territories
- Under Article 1, the territories of India comprises of 3 categories
- States (29)
- States are member of federal system, shares distribution of power with the centre
- Union Territories (7)
- Direct control of Centre
- Territories that may be acquired (0)
- Creation of UT
- During British Rule certain areas were constituted as Scheduled District in 1874, came to be known as Chief Commissioners Provinces
- Placed in Part C and Part D states
- In 1956, 7th CAA and State Reorganisation Act, came as UT
- Reasons for creation
- Political and Administrative Consideration : Delhi and Chandigarh
- Cultural Distinctiveness : Puducherry, Daman & Diu, Dadra & Nagar Haveli
- Strategic Importance : Andaman & Nicobar Islands, Lakshadweep Islands
- Special Treatment for Backward Class people : Mizoram, Manipur, Arunachal Pradesh, Tripura (later became states)
- Administration of UT
- Article 239 to 241 in Part VIII deals with UT
- No uniformity in Administrative System
- Every UT is administered by President acting through Administrator appointed by him, not like Governor
- President can specify the designation
- Lieutenant Governor
- Chief Commissioner
- Administrator
- President can also appoint Governor of State adjoining as the administrator of the adjoining UT
- UT of Delhi(1992) and Puducherry(1963) are provided with Legislative Assembly and CoM headed by CM
- Centre can make laws on 3 lists
- Puducherry can make laws on State list and Concurrent list
- Delhi can also make laws on both lists except Public order, Police, Land
- President can make regulations for peace, progress, good government in A&N, Lakshadweep, DNH, D&D
- President can legislate by making laws when assembly is suspended or dissolved in case of Puducherry
- Regulation made by President has same force and effect as act of Parliament
- President can also repeal or amend any act of Parliament in relation to UT
- Parliament can establish HC for UT or put it under jurisdiction of adjacent HC
- Delhi is the only UT having separate HC
- DNH, D&D : Bombay HC
- A&N : Calcutta HC
- Chandigarh : Punjab & Haryana HC
- Lakshadweep : Kerala HC
- Puducherry : Madras HC
- No provisions for administration of Acquired territory, Constitutional Provision of UT can also apply to Acquired Territory
- Special Provision for Delhi
- 69th CAA 1991 provided special status to UT
- In 1992, Delhi was redesigned as National Capital Territory
- Designated the administrator as Lieutenant Governor
- CoM headed by CM aid and advise to Lt. Governor except in so far as he is required to act in his discretion
- In case of difference of opinion, Lt. Governor refers the matter to President and act accordingly
- In case of failure of machinery, President can impose President’s rule
- Lt. Governor is empower to promulgate ordinance during recess of Assembly
- Ordinance have same force as an act of Assembly
- Every such ordinance must be approved by Assembly within 6 weeks from reassembly
- Can withdraw ordinance anytime
- Can’t promulgate ordinance when assembly is suspended or dissolved
- Prior permission of President is required for ordinance
- Created Legislative Assembly and CoM
- Strength : 70 members, directly elected by people
- Strength of CoM : 10% fixed
- 1 CM and 6 other ministers
- CM and other ministers are appointed by President and not Lt. Governor
- Ministers hold office during the pleasure of President
- Elections are conducted by Election Commission of India
- Delhi Assembly can also make laws on both state and concurrent lists except Public order, Police, Land
- Laws of Parliament prevails over those by Assembly
- Advisory Committee of UT
- Under GOI rules 1961, Ministry of Home Affairs is the nodal ministry for matters related to UT’s
- All 5 UT without Assembly have the form of Home Ministry Advisory Committee
- HMAC is chaired by Union Home Minister
- Committee discussed the general issues relating to social and economic development of UT