Polity (Union Territories)

Overview of Union Territories in India

1. Definition and Classification of Territories in India:
   • India’s territory includes:
     • States – part of the federal system with power-sharing between the states and the central government.
     • Union Territories (UTs) – directly controlled by the Central Government; known as “centrally administered territories.”
     • Acquired Territories – can be added by the Indian government if acquired in the future.
2. Creation and Evolution of Union Territories:
   • During British rule, specific areas were designated as ‘scheduled districts,’ later evolving into ‘chief commissioners’ provinces.
   • Post-independence, the 7th Constitutional Amendment and the States Reorganization Act of 1956 established Union Territories.
   • States Originally Union Territories: Some states (e.g., Himachal Pradesh, Manipur, Mizoram) transitioned from union territories to full states.
3. List of Current Union Territories (with the year of creation):
   • Andaman and Nicobar Islands (1956)
   • Delhi (1956) – re-designated as the National Capital Territory in 1992
   • Lakshadweep (1956)
   • Puducherry (1962) – previously known as Pondicherry
   • Chandigarh (1966)
   • Jammu and Kashmir (2019) – with its own legislature
   • Ladakh (2019) – without a legislature
   • Dadra and Nagar Haveli and Daman and Diu (merged in 2020)

Reasons for Creation of Union Territories

1. Political and Administrative Considerations:
   • E.g., Delhi and Chandigarh are strategically significant for central governance.
2. Cultural Distinctiveness:
   • E.g., Puducherry and Dadra and Nagar Haveli showcase unique cultural histories influenced by French and Portuguese rule.
3. Strategic Importance:
   • E.g., Andaman and Nicobar Islands, and Lakshadweep are located at key maritime positions.
4. Special Treatment for Tribal or Backward Regions:
   • Some former Union Territories, such as Mizoram and Arunachal Pradesh, were initially set up to address local cultural and developmental needs.

Administration of Union Territories

• Governed by Articles 239 to 241 of the Indian Constitution.
• Each UT has an administrator, usually appointed by the President of India.
  • The designation of this administrator varies (Lieutenant Governor, Chief Commissioner, or Administrator).
• Administrators act as agents of the President and are not the same as state governors.

Specific Provisions for Selected Union Territories

1. Delhi:
   • Special status under the 69th Constitutional Amendment.
   • Legislative Assembly with limited powers; cannot legislate on matters like police, public order, and land.
   • Has a Council of Ministers led by a Chief Minister.
2. Jammu and Kashmir:
   • Became a UT in 2019 with a separate legislature due to security considerations and regional demands.
   • Ladakh was carved out as a UT without a legislature for its sparse population and strategic location.
3. Dadra and Nagar Haveli and Daman and Diu:
   • Merged into one UT in 2020 for administrative efficiency, shared culture, and history.
   • Reduced redundancy and resource expenditure by combining the administration.

Administrative Setup and Powers

• Legislative Power: Parliament holds the authority to legislate on any subject, including those typically reserved for state legislatures.
  • However, UTs like Delhi, Puducherry, and Jammu and Kashmir, with their legislatures, also have some law-making powers within specified domains.
• Judicial System:
  • UTs are either placed under the jurisdiction of nearby state High Courts (e.g., Chandigarh under Punjab and Haryana High Court).
  • Delhi has its own High Court since 1966.

Comparison of Union Territories with States

Key Takeaways

• Union Territories offer a flexible governance model, allowing direct central oversight and specialized attention based on the unique cultural, strategic, or administrative needs of each region.
• Parliamentary Authority: Union Territories allow Parliament a direct role in law-making across various subjects, with some exceptions for UTs with legislative assemblies.
• Administrative Efficiency: Mergers, like that of Dadra and Nagar Haveli and Daman and Diu, reflect ongoing efforts to streamline governance and minimize duplication.

Special Administrative Provisions for Union Territories

1. Role of the President and Administrator:

• President’s Authority: The President of India has significant authority over UTs, including the power to appoint administrators who function as agents of the President, not as autonomous heads like state governors.
• Designation Variability: Administrators’ titles vary (Lieutenant Governor, Administrator, or Chief Commissioner) based on the specific requirements and structure of each UT.

1. Legislative Assemblies in Certain UTs:

• Delhi, Puducherry, Jammu & Kashmir have legislative assemblies, providing limited self-governance.
• Powers of Legislative Assemblies:
  • Delhi can legislate on matters of the State and Concurrent Lists, excluding critical areas such as public order, police, and land.
  • Puducherry has a legislative assembly that legislates on the State List and Concurrent List.
  • Jammu & Kashmir was granted a legislative assembly in 2019, with similar powers as Delhi, except for control over police and public order.
• Legislative Limitations: Even with these assemblies, the central government retains supreme authority, and laws made by Parliament override UT legislative assembly laws.

1. Regulatory Power of the President:

• For UTs without legislative assemblies (like Andaman & Nicobar Islands, Ladakh, and Lakshadweep), the President has the power to issue regulations with the same force as parliamentary laws.
• Regulation Creation: The President can create, amend, or repeal laws directly applicable to these UTs, providing a streamlined approach to governance when local legislation is unavailable.

Judicial Structure of Union Territories

1. High Court Jurisdiction:

• Delhi has its own High Court (established in 1966), highlighting its unique status among UTs.
• Other UTs are under the jurisdiction of nearby High Courts:
  • Chandigarh under Punjab and Haryana High Court
  • Andaman and Nicobar Islands under Calcutta High Court
  • Lakshadweep under Kerala High Court
  • Puducherry under Madras High Court
  • Dadra and Nagar Haveli and Daman and Diu under Bombay High Court
  • Jammu and Kashmir and Ladakh share the High Court of Jammu & Kashmir and Ladakh.

Special Status of Delhi

• The 69th Constitutional Amendment Act (1991) provided Delhi a unique status, renaming it the National Capital Territory (NCT) and establishing:
• A 70-member Legislative Assembly elected by the people, which can legislate on most State and Concurrent List matters (except police, public order, and land).
• Council of Ministers led by a Chief Minister, appointed by the President, who advises the Lieutenant Governor on certain matters.
• Lieutenant Governor’s Discretion: In case of disagreements with the Council of Ministers, the Lieutenant Governor can escalate issues to the President.

Advisory Committees of Union Territories

1. Home Minister’s Advisory Committee (HMAC):

• Set up for UTs without legislative assemblies, including Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep, and Ladakh.
• Composition: Led by the Union Home Minister, with Members of Parliament and elected members from local bodies like district panchayats and municipal councils.
• Purpose: To address and advise on social and economic development in these regions, promoting the welfare of local communities.

1. Administrator’s Advisory Committee (AAC):

• Chaired by the Administrator of each UT.
• Focused on local governance issues, ensuring local representation in administrative decision-making for efficient and responsive governance.

Key Articles Related to Union Territories in the Constitution

• Article 239: Details the administration of Union Territories.
• Article 239AA: Provides special provisions for the administration of Delhi.
• Article 239A: Allows the creation of legislative bodies and a Council of Ministers for certain UTs.
• Article 241: Discusses the establishment of High Courts for UTs or jurisdiction under nearby state High Courts.

Comparison of Union Territories and States – Summary Table