Union Territories Article 239 to Article 241 in Part VIII (Articles, as a…
Article 239 to Article 241 in Part VIII
UTs are the areas that are directly under the direct control and administration of the central government. Hence, they are known as
'Centrally Administered Territories'
. They are explicitly mentioned in Article 1
Their existence is a conspicuous departure from the federal spirit mentioned in Indian constitution.
created in 1956
7th Constitutional Amendment Act
State Reorganization Act
UT ----> Full Statehood :
HP, Manipur, Tripura, Mizoram, AP and Goa.
1973: Laccadive, Minicoy and Amindivi ----> Lakshawadeep Islands
1992: Delhi ----> NCT (
by 69th Constitutional Amendment Act, 1991
2006: Pondicherry ----> Pudducherry
They are created for a
variety of reasons
Delhi and Chandigarh
were constituted for
Political and Administrative reasons
Puducherry, Daman & Diu, Dadra & Nagar Haveli
were created for
A & N Is and Lakshawadeep
Articles, as a subject mater of administration of UTs
Administration of Union territories
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 s
uch designation as he may specify.
Article 239(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.
Creation of local Legislatures or Council of Ministers or both for certain Union territories
Parliament may by law create for the Union territory of Pondicherry -
i) A body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory
ii) A Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.
Anything mentioned in Article 239A(1) can't be deemed as a constitutional amendment act under the provisions of Article 368.
Special provisions with respect to Delhi
(Elaborated in separate head
Provision in case of failure of constitutional machinery
(Failure to adhere to the provisions mentioned in Article 239AA)
Power of administrator to promulgate Ordinances during recess of Legislature
(provided that the administrator has taken permission from the President and that the legislature isn't suspended or dissolved)
Power of President to make regulations for certain Union territories
High Courts for Union territories
MHA for matters related to legislation, finance and budget, services and appointment of Lt. Governors and Administrators
5 UTs without legislatures
shall be a part of the forum called
Home Minister's Advisory Committee (HMAC), which is chaired by Home Minister.
Special provisions with respect to Delhi
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. (Currently 70)
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.
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 Land, Police and Public Order
Sub- Clause b)
nothing in Sub- Clause a) shall derogate the powers of Parliament to make laws on any matter with respect to the UT, as mentioned in 7th Schedule.
Sub- Clause c)
if any legislation of the state is repugnant to any legislation of the Parliament, then former stands void, constitutionally.
Strength of Council of Ministers shall be equal to 10% strength of the state legislature (i.e, 07) and there shall be a council of ministers with CM
(all appointed by President and not Lt. Governor)
at the helm to aid and advise Lt. Governor in the discharge of his duties and functions, except insofar matters, where he is to exercise his personal discretion.
In case of a
between Governor and CoM, the
matter is to be referred to the President for his final word
and any such regulation made by Governor in this duration, shall stand void.
CoM shall be collectively responsible to the Legislative Assembly.