Union Territories of India
India is a Union of States, but not all regions in India are full-fledged states. Some areas are governed directly by the Central Government — these are known as Union Territories (UTs). The concept of UTs was introduced to administer regions of strategic importance, cultural distinctiveness, or political sensitivity which could not be included as states.
List of Union Territories
S.No. | Union Territory | Capital |
|---|
1 | Andaman and Nicobar Islands | Port Blair |
2 | Chandigarh | Chandigarh |
3 | Dadra and Nagar Haveli and Daman & Diu | Daman |
4 | Delhi (National Capital Territory) | Delhi |
5 | Jammu and Kashmir | Srinagar (Summer), Jammu (Winter) |
6 | Ladakh | Leh (Joint Capital) |
7 | Lakshadweep | Kavaratti |
8 | Puducherry | Puducherrya |
Creation of Union Territories
During British rule, certain regions were designated as Scheduled Districts (from 1874), later renamed as Chief Commissioner’s Provinces. After Independence, they became Part ‘C’ States and Part ‘D’ Territories.
After independence, they were placed in the category of part ‘C’ States and Part ‘D’ Territories2. In 1956, they were constituted as the ‘union territories’ by the 7th Constitutional Amendment Act (1956) and the States Reorganisation Act (1956).
Evolution into States
- Some former UTs were later granted statehood due to administrative or developmental needs. These include:
- Himachal Pradesh
- Manipur
- Tripura
- Mizoram
- Arunachal Pradesh
- Goa
- On the other hand, areas acquired from colonial powers were constituted as Union Territories:
- From Portugal: Goa, Daman and Diu, Dadra and Nagar Haveli
- From France: Puducherry
Reasons Behind Creation of Union Territories
Union Territories were created for a diverse set of reasons:
- Political and Administrative Needs – e.g. Delhi, Chandigarh
- Cultural Distinctiveness – e.g. Puducherry, Dadra and Nagar Haveli and Daman and Diu
- Strategic Importance – e.g. Andaman & Nicobar, Lakshadweep
- Special Protection for Tribals (later states) – e.g. Mizoram, Tripura, Manipur, Arunachal Pradesh
Recent Changes:
- J&K and Ladakh Reorganisation (2019)
- Through the Jammu and Kashmir Reorganisation Act, 2019, the state of J&K was bifurcated into two UTs:
- Jammu and Kashmir – Union Territory with a Legislature
- Ladakh – Union Territory without a Legislature
- Government’s Justification:
- Ladakh: Large area, difficult terrain, sparsely populated – long-standing demand for UT status.
- J&K: Due to internal security concerns and terrorism, direct central control was deemed necessary.
- Merger of Dadra and Nagar Haveli & Daman and Diu (2020)
- Two separate UTs—Dadra and Nagar Haveli (1961) and Daman and Diu (1962)—were merged to form a single UT in 2020.
Administration of Union Territories
President’s Role and Appointment of Administrators
- Each Union Territory is administered by the President through an Administrator appointed by him/her.
- The Administrator is not a Governor (as in states), but rather an agent of the President.
- The President can determine the Administrator’s designation—such as Lieutenant Governor, Chief Commissioner, or simply Administrator.
- Current Designations (as of 2024):
- Lieutenant Governor: Delhi, Puducherry, Andaman & Nicobar Islands, Jammu & Kashmir, Ladakh
- Administrator: Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep
Note: The President may appoint a State Governor as the Administrator of an adjoining UT. In that case, the Governor functions independently of the state’s Council of Ministers.
Legislature and Council of Ministers in Select UTs
- Among the eight UTs, Delhi, Puducherry, and Jammu & Kashmir have been provided with:
- A Legislative Assembly
- A Council of Ministers, headed by a Chief Minister
- Despite this local governance, the supreme control of the Union Government (President and Parliament) over these UTs remains intact.
Legislative Powers
- The Parliament has the power to make laws on any subject from the Union, State, or Concurrent Lists for all UTs.
- Hence, the legislative authority of Parliament over Union Territories on matters included in the State List continues to remain intact, even after a local legislature has been established for them.
- This power applies even to UTs with Legislative Assemblies, like Delhi, Puducherry, and J&K.
Division of Powers:
- Puducherry: Legislative assembly of Puducherry can legislate on State List and Concurrent List subjects.
- Delhi: Legislative assembly of Delhi can legislate on all State List and Concurrent List subjects, except:
- Jammu & Kashmir: Legislative assembly of Jammu & Kashmir can legislate on all State List and Concurrent List subjects, except:
Presidential Regulations
- The President can make regulations for the peace, progress and good government of the following UTs:
- Andaman & Nicobar Islands
- Lakshadweep
- Dadra & Nagar Haveli and Daman & Diu
- Ladakh
- However for Puducherry, the President can issue regulations only when the Assembly is suspended or dissolved.
- Such regulations:
- Have the force of a Parliamentary law
- Can amend or repeal Parliamentary laws in relation to these UTs
Judiciary and High Court Jurisdiction
- The Constitution empowers Parliament to:
- Establish a separate High Court for a Union Territory, or
- Place UTs under the jurisdiction of an adjacent state’s High Court
- High Court Jurisdictions in UTs:
- Delhi: Only UT which has its own High Court (since 1966)
- Jammu & Kashmir and Ladakh: Share a common High Court
- Puducherry: Under Madras High Court
- Chandigarh: Under Punjab & Haryana High Court
- Andaman & Nicobar Islands: Under Calcutta High Court
- Lakshadweep: Under Kerala High Court
- Dadra & Nagar Haveli and Daman & Diu: Under Bombay High Court
- Acquired Territories
- While the Constitution does not lay down special provisions for acquired territories (e.g., Goa, Puducherry), the administrative provisions for Union Territories also apply to them.
Special Provisions for the National Capital Territory of Delhi
- Constitutional Status under the 69th Amendment
- The 69th Constitutional Amendment Act, 1991 granted special status to the Union Territory of Delhi, and:
- Redesignated it as the National Capital Territory (NCT) of Delhi
- Designated the Administrator as the Lieutenant Governor (L-G)
- Established a Legislative Assembly and a Council of Ministers for Delhi
- Legislative Assembly of Delhi
- Strength: 70 members, directly elected by the people of Delhi.
- Elections are conducted by the Election Commission of India.
- The Assembly can legislate on all subjects in the State List and Concurrent List, except:
- Note: In case of conflict, laws made by Parliament override those made by the Delhi Assembly.
- Council of Ministers
- Strength: Limited to 10% of Assembly members = 7 members (1 CM + 6 Ministers)
- Chief Minister: Appointed by the President
- Other Ministers: Appointed by the President on the advice of the Chief Minister
- Ministers hold office at the pleasure of the President
- The Council of Ministers is collectively responsible to the Legislative Assembly
- Role of the Lieutenant Governor
- The Council of Ministers (headed by CM) aids and advises the L-G in all matters, except those where the L-G is required to act in his/her discretion.
- In case of difference of opinion, the L-G is to refer the matter to the President and act according to the President’s decision.
- President’s Rule in Delhi
- If the administration of NCT cannot be run per the constitutional provisions (e.g., breakdown of constitutional machinery), the President may suspend the existing setup.
- This provision is similar to Article 356 (President’s Rule in States) and may be invoked:
- On the report of the Lieutenant Governor
- Or otherwise, if the President deems fit
- Ordinance-Making Power
- The Lieutenant Governor can promulgate ordinances when the Assembly is not in session.
- An ordinance:
- Has the same force as an act of the Assembly
- Must be approved within 6 weeks of reassembly
- Can be withdrawn by the L-G at any time
- However, the L-G cannot promulgate or withdraw an ordinance:
- When the Assembly is dissolved or suspended
- Without prior permission of the President
Constitutional Provisions
Article 239 in Constitution of India
Administration of Union territories
(1)Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.(2)Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.(1)Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.(2)Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.Article 239A in Constitution of India
Creation of local Legislatures or Council of Ministers or both for certain Union territories
(1)Parliament may by law create for the Union territory of Pondicherry. (a)a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or.(b)a Council of Ministers, or both with such Constitution, powers and functions, in each case, as may be specified in the law.(2)Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.Article 239AA in Constitution of India
Special provisions with respect to Delhi.
(1)As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union Territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.(2)(a)There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.(b)The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.(c)The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament.(3)(a)Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.(b)Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof.(c)If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory:Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.(4)There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to given such direction in the matter as he deems necessary.(5)The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President.(6)The Council of Ministers shall be collectively responsible to the Legislative Assembly.(7)[(a)][Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.(b)[ Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.](8)[ The provision of article 239-B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of Pondicherry, the administrator and its Legislature, respectively; and any reference in that article to “clause (1) of article 239-A” shall be deemed to be a reference to this article or article 239-AB, as the case may be.Article 239AB in Constitution of India
Provisions in case of failure of constitutional machinery
If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied
(a)that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions or article 239AA or of any law made in pursuance of that article; or(b)that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239 AA.
Article 240 in Constitution of India
Power of President to make regulations for certain Union territories
(1)The President may make regulations for the peace, progress and good Government of the Union territory of(a)the Andaman and Nicobar Islands;(c)Dadra and Nagar Haveli; Provided that when any body is created under article 239A to function as a Legislature for the Union territories of Pondicherry, the President shall not make any regulation for the peace, progress and good Government of that Union territory with effect from the date appointed for the first meeting of the Legislature:Provided further that whenever the body functioning as a Legislature for the Union territory ofPondicherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good Government of that Union territory.(2)Any regulation so made may repeal or amend any Act made by Parliament orany other law which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.Article 241 in Constitution of India
High Courts for Union territories
(1)Parliament may by law constitute a High Court for aUnion territory or declare any court in anysuch territory to be a High Court for all or any of the purposes of this Constitution.(2)The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.(3)Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.(4)Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.Union Territories (UTs) reflect India’s unique administrative diversity and constitutional flexibility. They were created to address strategic, political, cultural, and administrative needs—ranging from governing remote islands to integrating formerly colonial territories.
While UTs are constitutionally under the direct control of the Union Government, special provisions—like elected assemblies in Delhi, Puducherry, and Jammu & Kashmir—reflect a dynamic federal design tailored to local aspirations. Despite their smaller size, UTs often hold critical geopolitical, economic, and cultural importance. The evolving governance mechanisms—like merger (Dadra & Nagar Haveli and Daman & Diu) or bifurcation (J&K and Ladakh)—demonstrate the Centre’s efforts to optimize administration while maintaining constitutional sanctity.
FAQs
1. What is the constitutional basis for Union Territories?
Union Territories are governed under Articles 239 to 241 in Part VIII of the Constitution. They are directly administered by the President through an appointed Administrator or Lieutenant Governor.
2. Why were Union Territories created separately from states?
UTs were created due to reasons like:
Strategic importance (e.g., Andaman & Nicobar Islands)
Cultural and historical distinctiveness (e.g., Puducherry)
Political and administrative convenience (e.g., Delhi, Chandigarh)
Integration of former colonial territories (e.g., Goa, Daman & Diu)
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