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Union Territories

March 26, 2024 1069 0

Introduction

The concept of Union Territories was introduced to ensure centralized control over specific regions deemed crucial for strategic, administrative, or historical reasons.  UT’s are under the direct control and administration of the Central government. UTs vary in their levels of autonomy and governance structures, with some having a degree of legislative power while others are primarily governed by central laws. UTs play a vital role in India’s federal structure, contributing to the country’s administrative efficiency and territorial integrity.

Evolution of Union Territories

1874 
  • Certain areas were constituted as Scheduled Districts.
  • Later it is known as the chief commissioner’s provinces’.
Post Independence
  • These areas are placed in the category of Part ‘C’ and Part ‘D’ states.
7th CAA 1956 and the States Reorganization Act, 1956:
  • Himachal Pradesh, Manipur, Tripura, Mizoram and Arunachal Pradesh were elevated to states.
  • Acquired territories from the Portuguese given the status of UT, Dadra and nagar, Diu and Daman and Goa etc.
2019
  • State of Jammu and Kashmir was converted into two UT’s i.e UT of Jammu and Kashmir and UT of Ladakh.
2020
  • UT of Dadra and Nagar Haveli and Diu and Daman merged into one.
  • Need of UTs: Political and administrative consideration; Cultural distinctiveness; Strategic importance; Special treatment and protection of the backward and tribal people.
  • UTs with High Court: Delhi and the High Court of Jammu & Kashmir became the common high court of the union territory of Jammu and Kashmir and the union territory of Ladakh.

Administration of Union Territories

  • Constitutional Provision: UTs are under Article 239-241 in Part VIII.
    • Administered by the President acting through an Administrator appointed by him.
  • Administrator: Agent of the President, not the head of state like the Governor.
    • Lieutenant Governors: For Delhi, Puducherry, Andaman And Nicobar, Jammu And Kashmir, and Ladakh.
    • Administrator: Chandigarh, Dadra and Nagar Haveli and Daman and Diu and Lakshadweep.
  • Legislative Assembly and Council of Ministers headed by the Chief Minister: Puducherry, Delhi, Jammu and Kashmir.
    • The remaining five union territories do not have assembly.
    • The establishment of assembly in the union territories does not diminish the supreme control held by the President and Parliament over them.
  • Administration of Acquired Territories: The Constitution does not contain any separate provisions for the administration of acquired territories.
Delhi
  • Laws on any subject on state list (except public order, police and land) and concurrent lists.
Jammu & Kashmir
  • Laws on any subject on the state list (except public order and police) and concurrent list.
Puducherry
  • Laws on any subject on state list and concurrent list.
The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019, merged the two Union Territories into a single union territory of Dadra and Nagar Haveli and Daman and Diu.

Power of Parliament/President to make Laws with respect to Union Territories

  • Parliament’s Authority: Parliament can make laws on any subject of the three lists (including the State List).
  • Presidential Regulations: The President can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu. 
    • It has the same force and effect as an act of the Parliament. These regulations can also repeal or amend any act of Parliament
  • Puducherry: In the case of Puducherry, the President can enact regulations only if the assembly is suspended or dissolved.
  • Establishment of High Court: The Parliament has the authority to either establish a high court for a union territory or place it under the jurisdiction of the high court of a neighboring state.
  • Elections are conducted by the Election Commission of India (Article 324).

Delhi’s Constitutional Evolution: 

  • Special Provision for Delhi under Article 239AA. The 69th Constitutional Amendment Act of 1991 redesignated it as the National Capital Territory of Delhi.
    • The strength of the legislative assembly is fixed at 70 Members – directly elected by the people. 
    • The strength of the Council of Ministers is fixed at 10%.
  • Resemblance to Article 356: When a situation arises in which the administration of the territory cannot be carried on in accordance with the above provision, the President can suspend the above provisions and make the necessary incidental or consequential provisions for administering the territory resembling Article 356.
  • Ordinance Authority: Lt. The governor is empowered to promulgate ordinances approved by the assembly within six weeks from its reassembly.
    • He can also withdraw an ordinance at any time.
    • No such ordinance can be promulgated or withdrawn without the prior permission of the President.
  • Resolution of Differences: In the case of a difference of opinion between the Lt. governor and his ministers, the Lt. Governor refers the matter to the president for decision and acts accordingly.
7th Constitutional Amendment Act (1956): Creation of Zonal councils in India to advise on matters of common interest.

Advisory Committees of Union Territories

  • Under the Government of India (allocation of business) Rules 1961, certain subjects about the UTs have been allocated to the Ministry of Home Affairs.
  • The Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget.
  • All the five UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu and Dadra-Nagar Haveli, Lakshadweep and Ladakh) have the forum of Home Ministers Advisory Committee(HMAC)/Administrative Advisory Committee (AAC).
  • HMAC: chaired by the Union Home Minister.
  • AAC: chaired by the Administrator of UT.
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Constitutional Provisions

Articles and their subject matter

Article-1
  • Name and territory of the Union.
Article-2
  • Admission or establishment of new states.
Article 2A (Repealed)
  • Sikkim to be associated with the union. 
Article-3
  • Formation of new states, alteration of areas, boundaries or names of existing states.
  • In the Case of States:
  • Bills contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President. 
  • Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
  • The President (or Parliament) is not bound by the views of the state legislature.
  • In the Case of UTs: No reference needs to be made to the concerned legislature to ascertain its views, and the Parliament can itself take any action as it deems fit.
Article-4
  • Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
  • Article 4: Declares that laws made under Article 2 and Article 3 are not to be considered as amendments of the Constitution under Article 368.
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Conclusion

  • Union Territories (UTs) in India are regions directly administered by the central government While some UTs have their legislative assemblies and a degree of autonomy, others are primarily governed by central laws. 
  • The President and Parliament retain supreme control over UTs, overseeing their administration, legislation, and governance. 
  • Despite variations in autonomy levels, UTs play a crucial role in India’s federal structure, contributing to administrative efficiency and territorial integrity.

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हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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