Union Territories in India- 1 | Indian Polity for UPSC CSE PDF Download

Under Article 1 of the Constitution, the territory of India comprises three categories of territories:
(a) Territories of the states
(b) Union territories
(c) Territories that may be acquired by the Government of India at any time.

• At present, there are eight union territories and no acquired territories.
• Union territories are areas placed under the direct control and administration of the Central Government; they are also called centrally administered territories.
• Their existence represents a qualified departure from federalism in India, since administration and law-making for these areas may be exercised directly by the Centre.

Creation of Union Territories

• Union territories in their modern form were constituted by changes introduced through the Seventh Constitutional Amendment Act, 1956 and the States Reorganisation Act, 1956, which reorganised the territorial map of India and classified certain areas as Union Territories.
• Certain territories which were earlier administered as Union Territories were subsequently converted into full States. Notable examples include Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa, each of which was formerly classed or administered in a Union Territory arrangement before being granted statehood.

List of Union Territories

1. Andaman and Nicobar Islands
2. Chandigarh
3. Dadra and Nagar Haveli and Daman and Diu
4. National Capital Territory of Delhi
5. Jammu and Kashmir
6. Ladakh
7. Lakshadweep
8. Puducherry

The union territories have been created for a variety of reasons, including:

• Political and administrative consideration: certain territories (for example Delhi and Chandigarh) have special administrative needs requiring direct central control or special arrangements.
• Cultural distinctiveness: territories with distinct colonial history or cultural identity such as Puducherry and the former French/Portuguese enclaves (Dadra & Nagar Haveli, Daman & Diu) required different administrative arrangements.
• Strategic importance: island territories such as Andaman & Nicobar Islands and Lakshadweep have strategic and defence significance for which central administration is preferred.
• Special treatment for backward or tribal areas: several territories were administered as Union Territories to provide focused administration and development; some of these (for example, Manipur, Tripura, Mizoram, Arunachal Pradesh) were later granted statehood.

Administration of Union Territories

The President of India administers Union Territories through an administrator appointed by him. In many Union Territories the administrator is designated as the Lieutenant Governor (Lt. Governor).

• The President may, if he so chooses, appoint the Governor of a neighbouring State as the Administrator of an adjoining Union Territory. When a Governor is so appointed, he exercises his functions as Administrator independently of his Council of Ministers of the State.
• The President is empowered to frame regulations for the peace, progress and good government of certain Union Territories. Such regulations may be made for territories like Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry in specified circumstances; a regulation so made has the force of a Parliamentary enactment until Parliament provides otherwise.
• Parliamentary power in respect of Union Territories: Parliament may make laws for any Union Territory and is authorised to constitute a High Court for any Union Territory or declare an existing court to be the High Court for a Union Territory.
• Until a separate High Court is established for a Union Territory, the High Court under whose jurisdiction the territory previously fell continues to exercise jurisdiction over it.

High Court jurisdiction over certain Union Territories (examples):

• Chandigarh falls under the jurisdiction of the High Court of Punjab and Haryana.
• The National Capital Territory of Delhi has the High Court of Delhi.
• The jurisdiction of the High Court of Bombay extends over Dadra and Nagar Haveli and Daman and Diu.
• The High Court of Kerala exercises jurisdiction over Lakshadweep.
• Puducherry falls under the jurisdiction of the High Court of Madras.
• The High Court of Calcutta exercises jurisdiction over Andaman and Nicobar Islands.

To associate popular elements with the Central administration of Union Territories, Advisory Committees have been established in some territories. These Committees are consulted by the Government of India in regard to:

• General questions of policy relating to the administration of subjects in the State List.
• All legislative proposals in the State List pertaining to the territories.
• Matters relating to the annual financial statements of the territories.

Democratic structures: Parliament is authorised to create by law democratic institutions for Union Territories. By exercising this power, Parliament has provided for elected legislatures and Councils of Ministers in certain Union Territories; the notable examples with elected legislatures are the National Capital Territory of Delhi and Puducherry.

Difference between a State and a Union Territory

Table : Articles Related to Union Territories at a Glance

Union Territories are centrally administered units created for varied administrative, political, cultural and strategic reasons. Constitutional provisions give the Centre greater administrative control over these territories while allowing Parliament flexibility to create legislative bodies, nominate administrators, and arrange judicial supervision as required. Several territories originally administered as Union Territories have subsequently become States when conditions warranted greater autonomy.