Union Territories

Political and administrative consideration–Delhi and Chandigarh.
Cultural distinctiveness–Puducherry, Dadra, and 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 Pradesh which later became states.

UTs are specified in Schedule I Part II of the Constitution of India.

239 to 241 (Part VIII) deals with the Union Territories of India.

There are 28 states, 9 UTs, and no acquired territories.

Presently (2023), UTs of Puducherry, Delhi, and J&K have legislative assemblies.

Unlike UTs, states are members of the federal system in India and share the distribution of power with the Centre.

The Ministry of Home Affairs is the nodal Ministry for all matters of Union territories.

Former UTs – Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa.

Union Territories (UT) are governed directly by the Union.

The President of India appoints an administrator or Lieutenant Governor for each UT. In practice, this means that the Union Territories follow the central government’s will.

The concept of Union Territories was not in the original version of the Constitution but was added by the Constitution (Seventh Amendment) Act, 1956.

There are differences in the governing of UTs depending on whether they have a legislative assembly or not.

The smaller ones are governed directly by the center, for example, Chandigarh, Daman and Diu, and Dadar and Nagar Haveli are UTs with no elected assemblies.

On the other hand, Puducherry and J&K are UTs with a legislative assembly and government, along with an LG.

New Delhi is different; its status lies between a UT and a state.

According to Article 3 of the Indian Constitution, the constitutional power to create new states and union territories in India is solely reserved to the Parliament of India.

Parliament can do so by announcing new states/union territories, separating the territory from an existing state, or merging two or more states/union territories or parts of them.

ADVISORY COMMITTEE OF UT-

All the 5 UTs without legislature (A&N Islands, Chandigarh, Daman Diu, and Dadra – Nagar Haveli, Lakshadweep, and Ladakh) have the forum of Home Minister’s Advisory Committee (HMAC)/Administrator’s Advisory Committee (AAC).

HMAC is chaired by the union home minister,

AAC is chaired by the Administrator of the concerned UTs.

Members – MPs and elected members from the local bodies among others.

Article 239 & 239AA:

Under Article 239 of the Constitution, every union territory is under an administrator (which would be the position of a Governor). The administrator governs on the directions of the President.

Delhi was a Union Territory until 1992.

But on 1 February 1992, Article 239 was amended.

Under Article 239AA, Delhi was given special provisions and was deemed a National Capital Territory. The administrator of the National Capital Territory was the Lieutenant-Governor.

Under Article 239AA, the National Capital Territory of Delhi has a Legislative Assembly which has the power to make powers for the territory except for three subjects included in the State list.

239AA added through the 69th Constitutional Amendment, the Assembly cannot legislate on matters in entry 18 of the State List, which is land, public order, and police

This is different from other Union Territories where the Legislative Assembly is under the Governor

DN AND DD MERGER OF UNION TERRITORIES ACT, 2019

Recently, the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 was passed.

The act amends the First Schedule to merge the two union territories into the UT of Dadra and Nagar Haveli and Daman and Diu.

Amendment to the First Schedule of the Constitution is not recognized as a constitutional amendment under Article 368 of the Constitution.

The first Schedule to the Constitution specifies the territories that come under various states and UTs.

Article 240(1) – allows the President to make regulations for certain UTs, including the UTs of Dadra-Nagar Haveli and Daman-Diu.

The First Schedule to the RPA, 1950 provides two seats in Lok Sabha to merge UT.

The jurisdiction of the Bombay HC will continue to extend to the merged UT.

J&K REORGANISATION ACT 2019

The state of J&K bifurcated into two UTs – J&K(legislative assembly) and Ladakh (without a legislature) with Kargil and Leh districts.

first L-Gof Ladakh and J&K- R.K Mathur Girish and Chandra Murmu, that of Jammu & Kashmir (J&K).

Reorganisation act scrapped Art. 370 and Art. 35A.

New UTs, Ladakh and J&K, officially came into existence on the 144th birthday anniversary of Sardar Vallabhai Patel (31st October 2019). This is the first time that a state has been divided into UTs.

The flag and constitution of J&K, as well as the Ranbir Penal Code (RPC), cease to exist, with the IPC now extending to both UTs.

The Parliament can make laws on any subject of the three lists for the union territories.

LG would be empowered to “act in his discretion” in matters related to All India Services and Anti-Corruption Bureau (ACB)

Henceforth, the term of the UT of J&K would be for five years (from six years earlier)

By area, Ladakh became the largest UT in India.

The Legislative Council of J&K would be abolished. The number of seats to be filled through direct elections would be 107, which will be further enhanced to 114 after a delimitation exercise is carried out.

Now, only six states have legislative assemblies- Maharashtra, Uttar Pradesh, Andhra Pradesh, Telangana, Bihar, and Karnataka.

The legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List.

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.

President can make regulations for the peace, progress, and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh.

Constitution does not contain any separate provisions for the administration of acquired territories.

Delhi is the only UT with its own High Court.

UNION TERRITORIES	JURISDICTION OF HIGH COURT
Delhi	Delhi HC
Dadar & Nagar Haveli – Daman & Diu	Bombay HC
Chandigarh	HC of Punjab & Haryana
Pondicherry	HC of Chennai
A & N Island	Calcutta HC
Lakshadweep	Kerala HC