Ashna Sisodia is teaching live on Unacademy Plus
Course: Union Territories & Special Areas Lesson: Union Territories (Part VIII) Presented by : Ashna Sisodia
About Me: From Chandigarh, India . Done computer science engineering from UIET kurukshetra-2012 pass out . UPSC CSE mains qualified . Keen learner and loves to teach Interests: Loves reading and blogging Rate, Review and Recommend Follow me: https://unacademy.in/user/AshnaSisodia 60 . .
Introduction 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 29 states, seven union territories and no acquired territories. The states are the members of the federal system in India and share a distribution of power with the Centre. The union territories, are those areas which are under the direct control and administration of the Central government. also known as 'centrally administered territories. . . .
Creation of Union Territories During the British Rule, certain areas were constituted as 'scheduled districts' in 1874 Later, known as 'chief commissioners provinces. After independence, they were placed in the category of Part C, and Part D' states . In 1956, they were constituted as the 'union territories' by the 7th Constitutional Amendment Act (1956) and the States Reorganisation Act (1956). Gradually, some of these union territories have been elevated to statehood. (Himacha Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa, which are states today were formerly union territories). On the other hand, the territories that were acquired from the Portuguese (Goa, Daman and Diu, and Dadra and Nagar Haveli) and the French (Puducherry)_were constituted as the union territories.
Creation of Union Territories . At present, there are seven Union Territories. They are (along with the year of creation): . (1) Andaman and Nicobar Islands-1956 (2) Delhi-1956 . (3) Lakshadweep 1956 . (4) Dadra and Nagar Haveli-1961 . (5) Daman and Diu-1962 . (6) Puducherry-1962 (7) Chandigarh-1966.
Creation of Union Territories Till 1973, Lakshadweep was known by the name of Laccadive, Minicoy and Amindivi Islands. In 1992, Delhi was redesignated as the National Capital Territory of Delhi. Till 2006, Puducherry was known as Pondicherry. The union territories have been created for a variety of reasons: 1. Political and administrative consideration-Delhi and Chandigarh . ' 2. Cultural distinctiveness-Puducherry, Dadra and Nagar Haveli, and Daman and Diu. . 3. Strategic importance-Andaman and Nicobar Islands and Lakshadweep. . 4. Special treatment and care of the backward and tribal people-Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.
Administration of UTs . Articles 239 to 241 in Part VIlI of the Constitution deal with the union territories. . Even though all the union territories belong to one category, . Every union territory is administered by the President acting An administrator of a union territory is an agent of the there is no uniformity in their administrative system. through an administrator appointed by him. President and not head of state like a governor.
The Union Territories Article 239: 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.
Administration of UTs The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator. . At present, it is Lieutenant Governor in the case of Delhi, . Administrator in the case of Chandigarh, Dadra and Nagar Haveli, . The President can also appoint the governor of a state as the Puducherry and Andaman and Nicobar Islands. Daman and Diu and Lakshadweep administrator of an adjoining union territory. In that capacity, the governor is to act independently of his council of ministers
Administration of UTs Article 239A 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 Puducherry] . (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.
Administration of UTs This means that,the legslative power of Parlament for the . This means that, the legislative power of Parliament for the union territories on subjects of the State List remain unaffected even after establishing a local legislature for them. . legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List. . legislative assembly of Delhi can make laws on any subject of the State List (except public order, police and land) and the Concurrent List.
Special provisions for Delhi Article 239AA: Special provisions with respect to Delhi. . (1) The 69th C.A.A of 1991 provided a special status to the Union Territory of Delhi, and redesignated it the National Capital Territory of Delhi and designated the administrator of Delhi as the lieutenant (It.) governor. (2) It created a legislative assembly and a council of ministers for Delhi. Previously, Delhi had a metropolitan council and an executive council the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.
Special provisions for Delhi . The strength of the council of ministers is fixed at ten per cent of the total strength of the assembly, . The chief minister is appointed by the President (not by the lt. . The other ministers are appointed by the president on the advice . The ministers hold office during the pleasure of the president. seven-one chief minister and six other ministers. governor). of the chief minister. . The council of ministers is collectively responsible to the assembly.
Special provisions for Delhi . The council of ministers headed by the chief minister aid and advise the lt. governor in the exercise of his functions except in so far as he is required to act in his discretion. . In the case of difference of opinion between the lt. governor and his ministers, the lt. governor is to refer the matter to the president for decision and act accordingly. . Article 239B: in case of failure of constitutional machinery, the president can impose his rule in the territory. . This can be done on the report of the lt. governor or otherwise . This provision resembles Article 356 which deals with the imposition of President's Rule in the states.
Special provisions for Delhi Article 239B: The Lt. governor is empowered to promulgate ordinances during recess of the assembly . An ordinance has the same force as an act of the assembly. Every such ordinance must be approved by the assembly within six weeks from . If, before the expiration of that period, a resolution disapproving it is passed by . He can also withdraw an ordinance at any time after obtaining instructions . But, he cannot promulgate an ordinance when the assembly is dissolved or its reassembly the Legislature, it ceases to operate upon the passing of the resolution. from the President in that behalf. suspended Further, no such ordinance can be promulgated or withdrawn without the rior permission of the President