Union Territories

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 

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