According to Article 1 of the Constitution, India's territory is divided into three categories:

1. States’ Territories.
2. Union Territories.
3. Areas that the Government of India may acquire at any moment.

At present, there are twenty-eight States, eight Union Territories, and no acquired territories. The UPSC Indian Polity and Governance Syllabus includes Union Territories And Their Administration which is described in this article.

Union Territories - Concept

Union Territories, also known as Centrally Administered Territories, are federal territories administered by the Union Government of India.

Administration Of Union Territories

• Part VIII (Articles 239 to 241) of the Constitution deals with the Union Territories.
• Even though all Union Territories belong to the same category, their administrative systems are not consistent.
• Every Union Territory is governed by the President of India, who appoints an administrator to do so.
• An administrator of a Union Territory, unlike a Governor, is an agent of the President rather than the head of State. The President can name an administrator; it could be a Lieutenant Governor, Chief Commissioner, or Administrator.
• In the cases of Delhi, Puducherry, the Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh, it is currently Lieutenant Governor, and in the cases of Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep, it is Administrator.
• The President can also appoint the Governor of a State to serve as the administrator of a Union Territory bordering on it. The Governor is to operate independently of his council of ministers in this role. The Governor of Punjab is concurrently the Administrator of Chandigarh.
• A legislative assembly and a council of ministers led by a chief minister have been established in the Union Territories of Puducherry (in 1963), Delhi (in 1992), and Jammu & Kashmir (in 2019). There are no comparable popular political institutions in the remaining five Union Territories.
• However, the establishment of such institutions in Union Territories does not negate the President's and Parliament supreme control over them. For the Union Territories, Parliament has the authority to enact legislation on any subject from the three lists (including the State List).
• Parliament's power extends even to Puducherry, Delhi, and Jammu and Kashmir, all of which have their legislatures. This means that even after establishing a local legislature for the Union Territories, Parliament's legislative power over subjects on the State List remains unaffected.
• The legislative assembly of Puducherry, on the other hand, has the power to enact legislation on any subject on the State and Concurrent Lists. Similarly, the legislative assembly of Delhi can make laws on any subject of the State List (except public order, police, and land) and the Concurrent List.
• Likewise, the legislative assembly of Jammu and Kashmir can make laws on any subject of the State List (except public order and police) and the Concurrent List.
• The President has the authority to issue regulations for the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh in order to maintain peace, progress, and good governance.
• The President can also legislate by rules in Puducherry, but only when the assembly is suspended or dissolved.
• A regulation issued by the President has the same force and effect as a law passed by Parliament, and it has the power to revoke or alter any law passed by Parliament that applies to these union territories.
• A High Court for a Union Territory can be established by Parliament, or it can be placed under the jurisdiction of the High Court of the neighboring States.
• Delhi is the only Union Territory with its own High Court (since 1966).
• There are no separate provisions in the Constitution for the administration of acquired territories. However, the constitutional provisions governing the administration of union territories also apply to the territories acquired.

Special Provisions For Delhi

• The 69th Constitutional Amendment Act of 1991 furnished a unique status to the Union Territory of Delhi and redesignated it as the National Capital Territory of Delhi (Article 239AA).
• Also, the administrator of Delhi has been redesignated as the lieutenant (lt.) governor.
• It also created a legislative assembly and a council of ministers for Delhi.

Advisory Committees Of Union Territories

• The Ministry of Home Affairs is the nodal ministry for all matters concerning Union Territories, including legislation, finance and budget, services, and the appointment of Lt. Governors and Administrators, as defined by the Government of India (Allocation of Business) Rules 1961.
• The Home Minister's Advisory Committee (HMAC)/Administrator's Advisory Committee exists in all five Union Territories without a legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, and Ladakh) (AAC).
• The Union Home Minister chairs the HMAC, while the Administrator of the concerned Union Territories chairs the AAC.
• Members of Parliament and elected members of local governments, for example, District Panchayats and Municipal Council of the respective Union Territories are members of these committees among others.
• The Committee discusses the general issues relating to the social and economic development of the Union Territories.

Recent Developments In Case Of Union Territories

• In 2019, legislation was passed to unite the Union Territories of Daman and Diu and Dadra & Nagar Haveli, with effect from January 26, 2020, to become the new Union Territory of Dadra and Nagar Haveli and Daman and Diu.
• The former state of Jammu & Kashmir has been reorganized as the new Union Territory of Jammu and Kashmir and the new Union Territory of Ladakh on 31st October 2019.

Concerns Associated With The Functioning Of Union Territories

Undermining The Democratic Rights Of The People Living In Union Territories

• Those in the Union Territories have no recourse to hold those in charge of them accountable, undermining their democratic rights, which are otherwise available to citizens in the states.
• There are 3.68 crore Indians residing in eight Union Territories who are denied the democratic right to have full-power assemblies like those in the 28 states.
• Even in the case of Union Territories with elected governments, their powers are limited in comparison to those of states and they are frequently at the mercy of central government appointments.
• The recent protests in Lakshadweep Island against the administrator's policy have been cited by constitutional scholars as an example of the Union Territory administration failing to serve the interests of its residents.

The Original Criteria For The Creation Of Union Territories Do Not Hold Anymore

• The population or size of a community cannot be used to determine whether it deserves to be a state or a Union Territory.
• As a result, several former Union Territories, such as Mizoram, Arunachal Pradesh, and Sikkim, which have since become states, continue to have lesser populations than other current Union Territories, such as Puducherry and Dadra and Nagar Haveli.
• Furthermore, the claim that these Union Territories have a different culture that must be maintained no longer holds water, as there is no significant cultural divide between them and neighboring states for smaller Union Territories like Daman and Diu or Puducherry. In fact, they maintain cultural and linguistic ties with their neighbors.

Structural Fragility Of Union Territories

Because of the Union Territories’ structural vulnerability in the constitutional scheme of things, it is simpler for the central government to intervene in their operations and destabilize them.

Composition of the legislature: According to the constitutional requirements governing the makeup of the legislature in Union Territories, the legislature of Union Territory is an elected body or a body that is partially elected and partly nominated.

• A legislature that is partially elected and partly appointed will not be able to sustain democratic ideals.
• A minor change to the Government of Union Territories Act of 1963 can result in a legislature with more than half of its members being nominated.
• A House with a majority of appointed members cannot foster representative democracy.

Issue of nomination: As seen in the instance of Puducherry, the nomination process is prone to politicization. The nomination of members to the Assembly by the Union Government without consultation with the Government was challenged in court.

• Unlike the provision for the nomination of members to the Rajya Sabha under Article 80, which specifies the fields from which members will be nominated, there is no such qualification under Article 239A or the Government of Union Territories Act for nomination to the Puducherry Assembly. This opens the door for the Union government to nominate anyone, regardless of whether or not they are qualified.

Administrator’s power: The required autonomy has not been granted to the Union Territories, depriving them of a fully democratic setup.

• In the Union Territories, the Administrator/Lieutenant Governor has been given enormous authority.
• The administrator has the right to disagree with the Council of Ministers' decisions and recommend them to the President for a final judgment under Section 44 of the Government of Union Territories Act and Article 239 AA(4) of the Constitution.
• In absolute disrespect of the elected government, the administrator can then take whatever steps he or she sees fit in the case which permits the Union Government to exert control over the Union Territory through the administrator, and thus is incompatible with the idea of Union Territories having free and autonomous Governments.
• On the advice of the Union Government, the President makes his/her decision and as a result, the Union Government is ultimately responsible for deciding the contested matter.
• Despite the Supreme Court's ruling in the NCT of Delhi v. Union of India (2019) case that the administrator should not abuse his or her power to thwart the elected Government's ability to function in the territory and should only use it after all other options have failed to resolve the differences between him and the Council of Ministers, there has been no progress in this area.
• Conflicts between the Government and the people of Puducherry are an example of the same.

Articles Related To Union Territories

Conclusion

Due to the existence of Union Territories, many critics have resolved India into a semi-federal nation, as the central and state governments each have their legislatures. Union Territories of India have special rights and status due to their constitutional formation and development. Thus, Union Territories are also important segments in the administrative jurisdiction of our Country.

FAQs

MCQs

1. Which Article of the Indian Constitution grants special provisions for Delhi?

A) Article 239
B) Article 239AA
C) Article 239A
D) Article 240

2. Who appoints the Administrator or Lieutenant Governor of a Union Territory?

A) President of India
B) Prime Minister
C) Chief Justice of India
D) Governor of a neighboring state

3. Which Union Territory has its own High Court?

A) Delhi
B) Puducherry
C) Chandigarh
D) Jammu and Kashmir

4. Which Union Territory was formed by merging Daman and Diu with Dadra and Nagar Haveli?

A) Chandigarh
B) Ladakh
C) Lakshadweep
D) Dadra and Nagar Haveli and Daman and Diu

5. What is the primary reason for declaring Andaman and Nicobar Islands as a Union Territory?

A) Cultural distinctiveness
B) Strategic importance
C) Economic needs
D) High population density

GS Mains Questions and Model Answers

Q1: Discuss the rationale behind creating Union Territories in India and their significance in federal governance.

Answer: Union Territories (UTs) were created to ensure strategic, administrative, or cultural considerations in regions requiring direct Union Government control. They are essential in a federal system like India’s as they allow centralized governance where local complexities warrant close oversight. UTs like Delhi, Puducherry, and Jammu and Kashmir have legislatures for regional administration, while others are administered directly by the Union Government. This setup allows the central authority to manage diverse challenges effectively and ensures national security and economic stability across various regions. (200 words)

Q2: Analyze the administrative structure of Union Territories as per the Indian Constitution. How do these provisions ensure governance?

Answer: Part VIII (Articles 239-241) of the Indian Constitution outlines the administrative framework for Union Territories (UTs). Each UT is governed by an Administrator or Lieutenant Governor, appointed by the President. Some UTs, such as Delhi, Puducherry, and Jammu & Kashmir, have Legislative Assemblies with limited powers, while others are governed directly. This arrangement allows centralized control with flexibility for self-governance where necessary. Parliamentary control ensures consistent governance across UTs, balancing regional needs with national interests. Legislative authority remains with Parliament, ensuring compliance with broader policies. (200 words)

Q3: Examine the challenges faced by Union Territories in India and discuss possible measures for improvement.

Answer: Union Territories (UTs) face challenges such as limited political autonomy, administrative constraints, and dependence on the Union Government. This centralized control often conflicts with regional demands, as seen in Delhi’s governance issues. To address these, enhancing coordination between local governments and the Union, particularly in UTs with legislatures, is essential. Streamlining administrative processes and clearly defining the roles of the Lieutenant Governor and local leaders could improve governance. Implementing regional advisory committees in non-legislative UTs would allow better representation of local interests while retaining central oversight. (200 words)

Previous Year Questions on Union Territories

1. UPSC CSE Prelims 2021:

Question: Which Article in the Indian Constitution provides special status to Delhi?

A) Article 239
B) Article 239AA
C) Article 239A
D) Article 240

Answer: (B)

Explanation: Article 239AA, introduced by the 69th Amendment Act, provides special provisions for the governance of Delhi, establishing a Legislative Assembly and defining its scope.