Union territories – India

Union territories – India

Union territories do not take part in federal structure of the country + No uniform system of administration as parliament has the power to prescribe the structure of administration.

President may appoint Governor of a state as administrator of adjoining UT, who shall exercise his functions independent of his COMs

Points of Prominence

• UT of Pondicherry & Delhi > Legislative assembly with Council of Ministers & Chief Minister
• Size of COMs is to be 10 % max. of legislative assembly
• Parliament can make laws on any subject given in 3 lists (Power also extends to Delhi & Pondicherry even though they have their own legislature)
• Pondicherry & Delhi can also make laws on any subject of state list & concurrent list except laws related to Public order, Police & land
• President may frame regulations for peace, progress & good governance for all UTs except Delhi & Pondicherry
• Parliament is empowered to constitute a high court for any of the UT or even can declare an existing court there as high court

Also read: Working Procedure of Parliament

Advisory Committee

Link b/w Parliament & UT, consulted by Government in regard to:

• General questions of policy relating to administration of subjects in state list
• All legislative proposals in state list pertaining to the territories
• Matters relating to annual financial statement of territories

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69^th Amendment 1991

• UT of Delhi shall be called National capital territory & shall have a legislative assembly with members, chosen directly by people from territorial constituencies
• Assembly shall make laws on matter enumerated in state list (Except matters of Public order, Police & land)
• If any provision of law, made by legislative assembly wrt any matter which is repugnant to any provision of law made by parliament wrt that matter, then law made by parliament shall prevail & law made by LA shall to the extent of repugnancy, be void
• If law made by LA is preserved for consideration of President & has received his assent, then such law shall prevail in NCT, however, parliament can make laws adding to, varying or repealing laws made by LA
• There shall be COMs, not more than 1/10^th of total members of LA, with CM at its apex to aid & advice Lt. governor in exercise of his functions
• In case of difference b/w opinions of COMs & Lt. governor, Lt. governor shall refer it to the President for his decision & shall act according to directions given by President

• Union Territories (UTs) are regions governed directly by the Central Government under Article 239 of the Indian Constitution.

• India currently has 8 Union Territories: Delhi, Puducherry, Jammu & Kashmir, Ladakh, Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Chandigarh.

• Delhi and Puducherry have Legislative Assemblies and partial state-like powers, while others are administered by Administrators or Lieutenant Governors.

• UTs are created through Parliamentary legislation, not by constitutional amendment (Article 1 and Article 239 to 241).

• The Jammu & Kashmir Reorganisation Act, 2019 restructured the former state into two UTs: J&K (with legislature) and Ladakh (without legislature).

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