Polity

Territory

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Territory

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Union and Territory — Articles 1–4

›Article 1: India = 'Union of States'; territory classified as states/union territories/acquired territories
›'Union of India' ≠ 'Territory of India' — former is narrower (only states)
›Article 2: Parliament can admit or establish new states (outside existing Union)

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Articles 1 to 4 under Part I of the Constitution deal with the Union and its territory. Article 1 describes India as a 'Union of States' rather than a 'Federation of States'. This distinction has two implications: (1) the Indian Federation is not the result of an agreement by the states (unlike the American Federation); and (2) the states have no right to secede from the Union — it is indestructible. The territory of India is classified into three categories: (1) territories of the states, (2) union territories, and (3) territories that may be acquired by the Government of India at any time. Importantly, 'Territory of India' is WIDER than 'Union of India'. The Union of India includes only states (members of the federal system sharing power with Centre); territory of India also includes union territories and acquired territories (directly administered by Centre). **Parliament's Power to Reorganise States (Article 3):** Parliament can: (a) form a new state by separation, union or uniting with other territory; (b) increase the area of a state; (c) diminish the area of a state; (d) alter boundaries; (e) alter the name of a state. **Two conditions for Article 3 bills:** 1. A bill can be introduced only with prior recommendation of the President 2. Before recommending, President must refer the bill to the state legislature concerned for its views within a specified period The President (Parliament) is NOT bound by the views of the state legislature — can accept or reject them. No fresh reference needed every time an amendment is moved in Parliament. For union territories, no reference to concerned legislature is needed. **Article 4** declares that laws under Articles 2 and 3 are NOT to be considered amendments under Article 368 — they can be passed by simple majority. **India = "Indestructible Union of Destructible States"** — Union government can destroy states; state governments cannot destroy the Union. Contrast: USA = "Indestructible Union of Indestructible States" (American Federal Government cannot alter states without their consent). **Berubari Union case (1960):** Supreme Court held that power to diminish areas of a state (Article 3) does NOT include power to cede Indian territory to a foreign country. Such cession requires constitutional amendment under Article 368. Consequently, 9th Constitutional Amendment Act (1960) enacted to transfer territory to Pakistan. **Supreme Court (1969):** Settlement of boundary dispute with another country does NOT require constitutional amendment — can be done by executive action. **100th Constitutional Amendment Act (2015):** Enacted to give effect to acquiring/transferring territories between India and Bangladesh (exchange of enclaves: 111 enclaves transferred to Bangladesh; 51 to India). Modified First Schedule for Assam, West Bengal, Meghalaya and Tripura. At present: 28 states and 9 union territories.

All key facts

Administration of Union Territories

›Union territories are under the direct control and administration of the Central government, making their relationship with the Centre unitary rather than federal.
›Articles 239 to 241 in Part VIII of the Constitution deal with the administration of union territories.
›An administrator of a union territory is an agent of the President and not a head of state like a governor.

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Union Territories are areas under the direct control and administration of the Central government, representing a conspicuous departure from federalism in India. Under Article 1 of the Constitution, India's territory comprises three categories: territories of states, union territories, and territories that may be acquired by the Government of India. At present, there are nine union territories: Andaman and Nicobar Islands (1956), Delhi (1956), Lakshadweep (1956), Dadra and Nagar Haveli (1961), Daman and Diu (1962), Puducherry (1962), Chandigarh (1966), Jammu and Kashmir (2019), and Ladakh (2019). Every union territory is administered by the President acting through an administrator who is an agent of the President rather than a head of state like a governor. The President can specify the administrator's designation as Lieutenant Governor, Chief Commissioner, or Administrator. Currently, Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh are headed by Lieutenant Governors, while Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep are headed by Administrators. Although all union territories belong to one category, there is no uniformity in their administrative systems. Three union territories—Puducherry (since 1963), Delhi (since 1992), and Jammu and Kashmir (since 2019)—have been provided with a legislative assembly and a council of ministers headed by a chief minister. The remaining six union territories do not have such popular political institutions. However, the establishment of these institutions does not diminish the supreme control of the President and Parliament over union territories.

Special Provisions for Delhi

›The 69th Constitutional Amendment Act of 1991 redesignated Delhi as the National Capital Territory of Delhi and provided it with special status (effective from 1 February 1992).
›The Lieutenant Governor replaced the former administrator designation for Delhi's executive head.
›A legislative assembly with 70 directly elected members was created for Delhi.

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Delhi holds a unique constitutional position among Indian Union Territories. The 69th Constitutional Amendment Act of 1991 granted Delhi special status by redesignating it as the National Capital Territory of Delhi. This amendment fundamentally restructured Delhi's governance by establishing a legislative assembly and a council of ministers, replacing the earlier metropolitan council and executive council system. Delhi's distinctive status reflects its dual role as both the national capital and a Union Territory. Unlike most other Union Territories, which lack representative legislatures, Delhi possesses a directly elected legislative assembly with 70 members. However, this assembly operates under significant constitutional constraints. It cannot make laws on three critical matters from the State List: public order, police, and land. This limitation underscores the Centre's retained supremacy—Parliament's laws prevail over those made by Delhi's Assembly, and Parliament itself retains the power to legislate on all subjects including the State List for Delhi. The executive structure combines a Lieutenant Governor (replacing the earlier administrator designation) with a Chief Minister and Council of Ministers. The Chief Minister is appointed by the President, not the Lieutenant Governor, establishing a direct constitutional link to the national executive. The council comprises seven members—the Chief Minister plus six other ministers—representing ten percent of the Assembly's total strength. Critically, in cases of disagreement between the Lieutenant Governor and his ministers, the matter is referred to the President for decision, ensuring ultimate Union control. Delhi's constitutional framework includes extraordinary provisions for presidential intervention when the constitutional machinery fails, similar to Article 356 applicable to states. The Lieutenant Governor also possesses ordinance-making powers during Assembly recess, though these require presidential approval.

Legislative Assembly in Union Territories

›Three union territories have legislative assemblies: Puducherry (1963), Delhi (1992), and Jammu and Kashmir (2019).
›Six union territories do not have legislative assemblies: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, and Ladakh.
›Delhi's legislative assembly has 70 members, directly elected by the people.

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Not all union territories possess a legislative assembly. According to the constitutional framework, only three union territories are provided with a legislative assembly and a council of ministers headed by a chief minister: Puducherry (since 1963), Delhi (since 1992), and Jammu and Kashmir (since 2019). The remaining six union territories—Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, and Ladakh—do not have such popular political institutions. The establishment of legislative assemblies in these union territories does not diminish the supreme control of the President and Parliament over them. Parliament retains the power to make laws on any subject of the three lists, including the State List, for all union territories, even those with their own local legislatures. However, the legislative assemblies of these three union territories possess limited legislative authority. Each assembly operates within specific constraints: Delhi's assembly cannot legislate on public order, police, and land; Jammu and Kashmir's assembly cannot legislate on public order and police; and Puducherry's assembly operates under similar constraints as defined by the Constitution. The President also retains the power to suspend or dissolve these assemblies and assume direct administration when constitutional machinery fails.

All key facts

›Union territories are under the direct control and administration of the Central government, making their relationship with the Centre unitary rather than federal.
›Articles 239 to 241 in Part VIII of the Constitution deal with the administration of union territories.
›An administrator of a union territory is an agent of the President and not a head of state like a governor.
›The President can specify an administrator's designation as Lieutenant Governor, Chief Commissioner, or Administrator.
›At present, nine union territories exist: Andaman and Nicobar Islands, Delhi, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, Puducherry, Chandigarh, Jammu and Kashmir, and Ladakh.
›Three union territories have legislatures: Puducherry (since 1963), Delhi (since 1992, with 70-member assembly), and Jammu and Kashmir (since 2019, with 83-member assembly).
›The Council of Ministers in Delhi is fixed at ten per cent of the total strength of the assembly, comprising one Chief Minister and six other ministers.
›Parliament can make laws on any subject of the three lists (including the State List) for all union territories.
›Delhi's legislative assembly can make laws on subjects of the State List and Concurrent List, except public order, police, and land.
›Puducherry's legislative assembly can make laws on any subject of the State List and Concurrent List.
›Jammu and Kashmir's legislative assembly can make laws on subjects of the State List (except public order and police) and the Concurrent List.
›Delhi is the only union territory with its own High Court (established in 1966).
›The President can make regulations for the peace, progress, and good government of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh.
›Union territories without legislatures (six total) have either a Home Minister's Advisory Committee (HMAC) chaired by the Union Home Minister or an Administrator's Advisory Committee (AAC) chaired by the Administrator.
›The Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget, services, and appointment of administrators.