Union territories - India

Union territories – India

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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.

Under direct control of Union based on
Cultural Distinctiveness Pondicherry, Daman & Diu, Dadar & Nagar Haveli
Strategic Importance A & N islands, Lakshadweep
Political & administrative consideration Delhi & Chandigarh

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

Lieutenant Governor Delhi, Pondicherry & A & N islands
Administrator (IAS Officer) Chandigarh, Dadar & Nagar Haveli, Daman & Diu & Lakshadweep

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

 

Delhi HC of Delhi Lakshadweep Kerala HC
Chandigarh HC of Punjab & Haryana A & N Island Calcutta HC
Pondicherry HC of Chennai Dadar & Nagar Haveli, Daman & Diu Bombay HC

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

69th 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 1/10th 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
1 comment
  1. Pls make a change that Ladakh And J&K are the newly made UTs of India and Daman & Diu and Dadar and nagar haveli were recently merged.

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