Union Territories

Let’s begin with a simple question:

“Bharat ek federal system hai — to phir Union Territories ka concept kahan se aa gaya?”

This question itself points to the unique nature of Indian federalism — which is not purely federal, but “federal with unitary bias.”

🟩 Constitutional Basis

Under Article 1 of the Constitution, the territory of India is divided into three categories:

Category	Description
(a) Territories of the States	These are the regular federal units sharing power with the Centre.
(b) Union Territories	These are directly administered by the Central Government.
(c) Territories acquired by the Government of India	Those that may be acquired in the future (currently none).

👉 So, at present, India has:

• 28 States,
• 8 Union Territories, and
• 0 acquired territories.

🟢 Nature of Union Territories

Now understand the difference in a very basic way:

• States are federal units — they share power with the Centre as per the Seventh Schedule.
• Union Territories (UTs), on the other hand, are centrally administered territories — directly controlled by the Central Government through the President.

That’s why UTs are also called “Centrally Administered Territories.”

🔹 In this sense, Union Territories represent a departure from the federal structure.
The relationship between New Delhi and a UT is unitary, not federal.

So, when you study Union Territories, you are actually studying the unitary face of Indian polity within the larger federal framework.

🟩 Creation of Union Territories

🟢 Historical Background — How UTs were created

Let’s go back to the British period for context.

(a) During British Rule:

• Some areas were declared as ‘Scheduled Districts’ (1874) for administrative convenience.
• Later, these were renamed as ‘Chief Commissioner’s Provinces’.

(b) After Independence:

• These areas became Part C States and Part D Territories under the Constitution of 1950.

(c) In 1956:

• The 7th Constitutional Amendment Act, 1956 and the States Reorganisation Act, 1956 replaced these categories with a new one — “Union Territories.”

🟩 Evolution — Some UTs became States

Over time, several UTs were upgraded to States as they developed politically and administratively.
For example:

Became a State	Originally a UT
Himachal Pradesh	Union Territory (1956)
Manipur	Union Territory
Tripura	Union Territory
Mizoram	Union Territory
Arunachal Pradesh	Union Territory
Goa	Union Territory

🔸 So, creation of UTs was never meant to be permanent; they were flexible administrative arrangements.

🟢 Union Territories Created from Foreign Acquisitions

After Independence, India acquired some territories from foreign colonial powers:

Source	Territories	Present Status
Portuguese	Goa, Daman & Diu, Dadra & Nagar Haveli	Goa became a State (1987); the rest remain UTs.
French	Puducherry	UT (since 1962)

🟢 Present List of Union Territories (and Year of Creation)

No.	Union Territory	Year of Creation
1.	Andaman and Nicobar Islands	1956
2.	Delhi	1956 (renamed National Capital Territory in 1992)
3.	Lakshadweep	1956 (earlier Laccadive, Minicoy & Amindivi Islands till 1973)
4.	Puducherry	1962 (earlier Pondicherry till 2006)
5.	Chandigarh	1966
6.	Jammu and Kashmir	2019
7.	Ladakh	2019
8.	Dadra and Nagar Haveli and Daman and Diu	2020 (merged UT)

🟢 Reasons for Creating Union Territories

Each UT was created with specific objectives in mind.
Let’s categorize them clearly:

Reason	Example
Political and Administrative Considerations	Delhi, Chandigarh
Cultural Distinctiveness	Puducherry, Dadra & Nagar Haveli and Daman & Diu
Strategic Importance	Andaman & Nicobar Islands, Lakshadweep
Special care for backward/tribal people	Mizoram, Manipur, Tripura, Arunachal Pradesh (later became States)

So, Union Territories were like administrative experiments designed to handle special situations that States could not efficiently manage.

🟢 Reorganisation of Jammu & Kashmir (2019)

In 2019, the state of Jammu and Kashmir was bifurcated into:

1. UT of Jammu & Kashmir (with legislature)
2. UT of Ladakh (without legislature)

Reasons given by the Government:

1. Ladakh had difficult terrain, sparse population, and long-standing demand for UT status — so it became a UT without legislature.
2. Jammu & Kashmir faced security challenges due to cross-border terrorism — hence, it became a UT with legislature, for closer central control.

🟢 Merger of Dadra & Nagar Haveli and Daman & Diu (2020)

In 2020, two separate UTs — Dadra & Nagar Haveli (1961) and Daman & Diu (1962) — were merged into a single UT:
👉 “Dadra and Nagar Haveli and Daman and Diu.”

Reasons given by the Government:

1. Both had common administration, similar culture, language, and history.
2. There was duplication of offices — two secretariats, two sets of employees, two administrations — leading to inefficiency and wasteful expenditure.
3. Merging them aligned with the policy of “Minimum Government, Maximum Governance.”

So, this merger improved efficiency, coordination, and cost-effectiveness in governance.

🟩 Administration of Union Territories

Before we begin, let’s recall one thing from the previous section —
Union Territories (UTs) are centrally administered territories, not federal units.

So, the next logical question arises:

“If UTs are directly administered by the Centre, then who exactly runs them, and how?”

Let’s unpack this step by step.

🟢 Constitutional Basis

Articles 239 to 241 in Part VIII of the Constitution deal with Union Territories.

Although all UTs belong to one constitutional category, their administrative systems are not uniform — meaning, each UT can have a different governance structure as per its unique needs.

🟢 Administration by the President

Every Union Territory is administered by the President of India, who acts through an Administrator appointed by him/her.

Now note carefully —

• The Administrator is not like a Governor of a state.
• He/she is simply an agent of the President, not a constitutional head representing a separate government.

👉 This shows that UTs are extensions of the Central Government, not autonomous units.

🟢 Designation of the Administrator

The President decides what designation the Administrator will hold.
It could be:

• Lieutenant Governor (Lt. Governor)
• Chief Commissioner, or
• Simply Administrator.

At present, the designations are as follows:

Designation	Union Territories
Lieutenant Governor	Delhi, Puducherry, Andaman & Nicobar Islands, Jammu & Kashmir, Ladakh
Administrator	Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep

💡 Example: The Lt. Governor of Delhi is the Administrator of the National Capital Territory but works under the President (through the Ministry of Home Affairs).

🟢 Governor of a State as UT Administrator

The Constitution even allows the Governor of a state to act as the Administrator of an adjoining UT.
But — in that role, the Governor acts independently of his Council of Ministers.
This shows the direct control of the Centre even in such arrangements.

🟢 UTs with and without Legislatures

Now, here’s where variety begins.

Some Union Territories have legislative assemblies and councils of ministers, while others do not.

UTs with Legislature	Year Granted Legislature
Puducherry	1963
Delhi (NCT)	1992
Jammu & Kashmir	2019

All other six UTs — Andaman & Nicobar Islands, Chandigarh, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, Ladakh — do not have legislatures.

🟢 Powers of Parliament over Union Territories

Even if a UT has its own legislature, remember one golden rule:

The supreme control of the President and Parliament continues.

The Parliament can make laws on any subject from all three lists — Union, State, and Concurrent — for all UTs, including those with legislatures.

Let’s see how this works practically 👇

Union Territory	Power of its Legislature
Puducherry	Can make laws on subjects of State List and Concurrent List
Delhi (NCT)	Can make laws on State List and Concurrent List, except for Public Order, Police, and Land
Jammu & Kashmir (UT)	Can make laws on State List and Concurrent List, except for Public Order and Police

So, even though they look like “mini-states”, the final legislative authority lies with Parliament.

🟢 President’s Power to Make Regulations

For certain UTs without legislatures —
namely Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Ladakh —
the President can make regulations “for the peace, progress, and good government” of these territories.

These regulations have the same force as an Act of Parliament.
They can even amend or repeal any existing Act of Parliament as it applies to those UTs.

Even in Puducherry, if its Assembly is suspended or dissolved, the President can temporarily make regulations.

🟢 Judicial Arrangements for UTs

Just like the executive and legislature, the judiciary for UTs is also arranged flexibly.

Union Territory	Jurisdiction of High Court
Delhi	Has its own High Court (since 1966)
Dadra & Nagar Haveli and Daman & Diu	Bombay High Court
Andaman & Nicobar Islands	Calcutta High Court
Chandigarh	Punjab & Haryana High Court
Lakshadweep	Kerala High Court
Puducherry	Madras High Court
Jammu & Kashmir & Ladakh	Common High Court for both UTs

So, UTs are judicially connected to nearby states for efficiency.

🟢 Acquired Territories

The Constitution doesn’t mention separate provisions for acquired territories.
Hence, the same provisions for UTs are applied to them by extension.

🟨 Special Provisions for Delhi

This is a very important topic for prelims and mains — often asked in UPSC.

The 69th Constitutional Amendment Act, 1991 gave special status to Delhi.

It:

1. Redesignated Delhi as the National Capital Territory of Delhi (NCT).
2. Designated its administrator as the Lieutenant Governor (Lt. Governor).
3. Created a Legislative Assembly and a Council of Ministers for Delhi.

🟢 Legislative Assembly

• Strength: 70 members, directly elected by the people.
• Elections: Conducted by the Election Commission of India.
• Legislative power: Can make laws on State List and Concurrent List,
  except for Public Order, Police, and Land (these three remain under the Centre).
• If there is any conflict, Parliament’s law prevails.

🟢 Council of Ministers

• Strength: 10% of Assembly’s strength → 7 ministers (including the Chief Minister).
• Chief Minister is appointed by the President, not by the Lt. Governor.
• Other ministers are appointed by the President on the advice of the Chief Minister.
• They hold office during the pleasure of the President and are collectively responsible to the Assembly.

🟢 Relationship between Lt. Governor and Council of Ministers

This is where most real-life tensions arise (as you might’ve seen in the news).

• The Lt. Governor must act on the aid and advice of the Council of Ministers, except when he is required to act in his discretion.
• In case of difference of opinion, the Lt. Governor refers the matter to the President, whose decision is final.

Thus, the Lt. Governor acts as a bridge between the Delhi government and the Central Government.

🟢 President’s Rule in Delhi

If the administration cannot be carried on as per these provisions, the President can suspend them and take over the administration —
similar to Article 356 (President’s Rule) in States.

This can be done on:

• the report of the Lt. Governor, or
• otherwise (even without such report).

🟢 Ordinance-Making Power of Lt. Governor

During the recess of the Assembly, the Lt. Governor can promulgate ordinances, having the same force as an Act of the Assembly.

• The ordinance must be approved by the Assembly within 6 weeks of its reassembly.
• It can be withdrawn anytime by the Lt. Governor.
• However, no ordinance can be promulgated without the prior permission of the President,
  and not when the Assembly is dissolved or suspended.

🟩 Advisory Committees of Union Territories

The Ministry of Home Affairs (MHA) is the nodal ministry for all matters related to UTs — legislation, finance, appointments, etc.

For UTs without legislatures —
(Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep, and Ladakh) —
there exist advisory forums:

Committee	Chaired By	Members Include
Home Minister’s Advisory Committee (HMAC)	Union Home Minister	MPs and local body members
Administrator’s Advisory Committee (AAC)	Administrator of the UT	MPs and local body members

These committees discuss social and economic development issues of the UTs — a sort of consultative mechanism to include local representation even where no legislature exists.

🟢 Final Understanding

“Union Territories show the unitary character of India’s polity.
Their administration is flexible — combining direct central control with limited local autonomy wherever necessary.
Delhi, Puducherry, and J&K represent the evolution of UTs towards partial self-government,
while others remain examples of centralized administration for administrative convenience or strategic reasons.”

To understand the functioning of Union Territories easily, let’s now take a bird’s-eye view of their executive, legislative, and judicial setup.

Remember, each UT is unique — there is no uniform administrative pattern among them.
Some have legislatures and Chief Ministers like states, while others are run directly by Administrators.

🟩 Summary Table: Executive–Legislature–Judiciary Structure

Union Territory	Executive	Legislature	Judiciary
1. Andaman and Nicobar Islands	Lieutenant Governor	—	Under Calcutta High Court
2. Chandigarh	Administrator	—	Under Punjab & Haryana High Court
3. Dadra and Nagar Haveli and Daman and Diu	Administrator	—	Under Bombay High Court
4. Delhi (NCT)	(a) Lt. Governor (b) Chief Minister (c) Council of Ministers	Legislative Assembly	Has separate High Court (since 1966)
5. Lakshadweep	Administrator	—	Under Kerala High Court
6. Puducherry	(a) Lt. Governor (b) Chief Minister (c) Council of Ministers	Legislative Assembly	Under Madras High Court
7. Jammu & Kashmir (UT)	Lt. Governor, Chief Minister, Council of Ministers	Legislative Assembly	Under Jammu & Kashmir & Ladakh High Court
8. Ladakh	Lieutenant Governor	—	Under Jammu & Kashmir & Ladakh High Court

🟩 Key Insights from the Table

Let’s extract some exam-oriented insights:

1. Delhi, Puducherry, and Jammu & Kashmir are the only three UTs with their own Legislative Assemblies.
2. Delhi alone has its own separate High Court.
3. All other UTs fall under the jurisdiction of neighboring State High Courts.
4. Lt. Governors are present in those UTs which have either strategic importance or legislative setups (like Delhi, J&K, Ladakh, etc.).
5. The rest have Administrators, showing direct central control.

So, UTs are flexible — they can range from being almost like a mini-state (e.g. Delhi) to being completely centrally administered (e.g. Lakshadweep).

🟩 Comparison Between States and Union Territories

Now let’s compare States and Union Territories systematically — because this comparison often forms the base of UPSC questions (both in Prelims and Mains).

1. Nature of Relationship with the Centre

States	Union Territories
Relationship is federal.	Relationship is unitary.

🟨 Explanation:
States share sovereignty with the Centre under the federal scheme of the Constitution, while UTs are extensions of the Central Government — they have no independent constitutional existence.

2. Distribution of Powers

States	Union Territories
Power is shared with the Centre as per the Seventh Schedule.	UTs are under the direct control and administration of the Centre.

🟨 In short:
States = “Power shared.”
UTs = “Power centralized.”

3. Degree of Autonomy

States	Union Territories
Enjoy constitutional autonomy within their sphere.	No autonomy; fully dependent on the Centre.

🟨 Illustration:
A State can make its own laws on the “State List,” but a UT’s law can be overridden by Parliament anytime.

4. Administrative Uniformity

States	Union Territories
Uniform administrative structure across all states.	No uniformity — each UT has a different system based on its needs.

🟨 Example:
Delhi has an Assembly and CM; Lakshadweep doesn’t. So, there’s no single pattern for UTs.

5. Executive Head

States	Union Territories
Executive head is a Governor.	Executive head may be an Administrator, Lieutenant Governor, or Chief Commissioner (as designated by the President).

🟨 Note:
Governor represents a separate constitutional government; Administrator represents the President directly.

6. Constitutional Status of the Head

States	Union Territories
Governor is the constitutional head of the State.	Administrator is merely an agent of the President.

🟨 So the difference is structural:
Governor = Symbol of State authority.
Administrator = Extension of Central authority.

7. Legislative Power of Parliament

States	Union Territories
Parliament cannot normally make laws on State List subjects (except under Articles 249, 250, 252, 356).	Parliament can make laws on any subject — Union, State, or Concurrent — for all UTs.

🟨 This is the core constitutional difference.
It shows how federalism stops where Union Territories begin.

🟩 Conceptual Summary: The Nature of Union Territories

🟢 “Union Territories are not mini-states, nor are they colonies.
They are flexible administrative arrangements designed for special situations —
where direct central control is considered more practical,
where geographical or cultural uniqueness demands special treatment,
or where full statehood is not yet suitable.”

So, the spirit of the UT system lies in administrative convenience, strategic governance, and national integration.

🟩 Quick Revision Snapshot (for UPSC Mains & Prelims)

Feature	States	Union Territories
Constitutional Basis	Part VI	Part VIII (Articles 239–241)
Relation with Centre	Federal	Unitary
Head	Governor	Administrator / Lt. Governor
Autonomy	High	Low / None
Legislature	Yes (bicameral or unicameral)	Only in Delhi, Puducherry, and J&K
Judiciary	Separate High Courts	Common or shared High Courts
Example of Central Control	President’s Rule under Art. 356	Direct administration under Art. 239
Recent Change	—	J&K Reorganisation (2019), DNH & D&D Merger (2020)

🟩 Conclusion

“Union Territories are constitutional innovations that make India’s federal system flexible and adaptive.
They reflect the unitary bias of our Constitution and show how Parliament and the President can directly administer regions for reasons of strategic, cultural, or administrative importance.
Over time, several UTs have evolved into states — proving that Indian federalism is dynamic, not static.”

📋Articles Related to Union Territories at a Glance

Article No.	Subject-matter
239	Administration of Union territories
239A	Creation of local Legislatures or Council of Ministers or both for certain Union territories
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 Union territories
241	High Courts for Union territories
242	Coorg (Repealed)