Union Territories Flashcards
Article 1
Three categories of territory:
Territories of state
Union Territories
Territories that may be acquired by the government of India at any time
At present there are 28 states and 8 union territories and no acquired territories
The union territories
These are areas that are under the direct control and administration of the central government.
They are centrally administrator territories
Creation of union territories
Since British rule, certain areas were constituted as scheduled districts in 1874
Later they came to be known as chief commissioner’s provinces
After independence day were placed in the category of part C states and part D States
In 1956, they were constituted as union territories by the 7th constitutional amendment Act of 1956 under the states reorganisation act of 1956
Gradually some of these union territories have been elevated to statehood
States that used to be union territories: Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa
The seven union territories are:
Andaman and Nicobar Islands, 1956
Delhi NCT, 1956
Lakshadweep, 1956
Dadra and Nagar haveli + Daman and Diu, 2020
Puducherry, 1962
Chandigarh, 1966
Jammu and Kashmir, 2019
Ladakh, 2019
Reasons for creating union territories:
Political and administrative consideration: Delhi and Chandigarh as both were fighting a lot
Cultural distinctiveness: Puducherry, dadra Nagar haveli + daman and diu
Strategic importance: Andaman and Nicobar Islands and Lakshadweep
Special treatment and care of the backward and tribal people: Mizoram, Manipur, Tripura and Arunachal
Administration of union territories
Article 239 to 241 in part 8 of the constitution deals with the union territories
Even though all the union territories belong to one category there is no uniformity in their administrative system
Every union territory is administered by the president acting via an administrator appointed by him
Administrator of union territory is an agent of the president and not a head of state like the governor
The lieutenant governor in Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir
Administrator in Chandigarh, dadra & Nagar haveli and Daman and Diu, Lakshadweep Islands
President can also appoint the governor of a state as the administrator of an adjoining union territory
Union territories Puducherry in 1963, Delhi in 1992, Jammu and Kashmir in 2019 are provided with legislative assembly
Council of ministers is headed by the Chief minister. Establishment of such institutions in union territories does not diminish the supreme control of the president and Parliament
The president can make laws on any subject from the three lists for the union territories
This power of Parliament also extends to Puducherry and Delhi which have their own local legislature. Legislative power of Parliament will remain on affected.
Parliament can establish aHigh court for union territories or put it under the jurisdiction of the high court of an adjacent state
Delhi is the only union territory that has a high court of its own since 1966
Andaman and Nicobar Islands - Calcutta High court
Chandigarh - Punjab and Haryana High court
Lakshadweep - Kerala High court
Puducherry - Madras High court
The constitution does not contain any separate provisions for the administration of acquire territories
The constitutional provisions for the administration of union territories also apply to the acquire territories
Special provisions for Delhi
The 69th constitution amendment Act of 1991 provided special status to the union territory of Delhi
It redesigned Delhi as the national capital territory of Delhi
Designated as the administrator of Delhi as the lieutenant governor
Created a legislative assembly and council of minister for Delhi
Previously Delhi had a Metropolitan council and an executive council
Assembly is fixed at 70 members directly elected by the people
Elections are conducted by the election commission of India
Assembly can make laws on all matters of the state list, concurrent list, except three matters of the state list, public order, police and land
But the laws of Parliament prevail over those made by the assembly
Council of minister is fixed at 10% of the total strength of assembly that is 7 members (1 CM and 6 other ministers)
CM is appointed by the president and not by the lieutenant governor
Ministers are appointed by the president on advice of chief minister
Ministers hold office at the pleasure of president
Council of minister is collectively responsible to assembly
Council of minister is headed by the Chief minister with the aid and advise of lieutenant governor
In case of difference of opinion between lieutenant governor and his ministers, the lesson and governor refers the matter to the president for decision and act accordingly
Can be done on the report of the lieutenant governor or otherwise
Is provision resembles article 356 which deals with the imposition of president’s rule in the states
Ordinance must be approved by the assembly within 6 weeks from its reassembly
He can also withdraw and ordinance at anytime
Important points
The governor of Punjab is concurrently the administrator of Punjab
The administrator of dadra and Nagar haveli is concurrently the administrator of the Daman and Diu after the merger
Lakshadweep has separate administrator
Under the Government of India allocation of business rules 1961, the ministry of home affairs is a nodal ministry for all matters of union territories relating to legislation, finance, budget, services and the appointment of the lieutenant governor and his administrators
All the five union territories without legislature (Andaman and Nicobar, Chandigarh, dadra and Nagar haveli + Daman and Diu, Lakshadweep and Ladakh) have forum of home minister’s advisory committee and administrator’s advisory committee
The home minister’s advisory committee is shared by the union Home minister
The administrator’s advisory committee is chaired by the administrator
The member of parliament and elected members from the local bodies, for example district panchayats, municipal council of respective union territories are members of these committees among others
These committees discuss the general issues relating to the social economic development of the union territories
Articles related to the union territory
239: administration of UT’s
239A: a creation of local legislature or council of ministers both certain UTs
239AA: Special provisions with respect to Delhi
239AB: provision in case of failure of constitutional machinery
239B: power of administrator to promulgate ordinances during recess of legislature
240: power of president to make regulations for certain UTs
241: High Court for UTs
State versus union territories
States: their relationship with the centre is federal
UTs: their relationship with the centre is unitary
State: they share a distribution of power with the centre
UTs: they are under the direct control and administration of the centre
State: they have autonomy
UTs: they don’t have autonomy
State: there is uniformity in their administrative set up
UTs: no uniformity in their administrative setup
State: their executive head is called the governor
UTs: their executive head is known by various designations, for example: administrator or lieutenant governor or chief commissioner
State: a governor is a constitutional head of state
UTs: an administrator is an agent of the president
State: Parliament cannot make laws on the subjects of the state list in relation to the state except under extraordinary circumstances
UTs: the Parliament can make laws on any subject of the three lists in relation to the union territories
