UNION TERRITORIES

Polity

Union Territories (UTs) are listed in Schedule I Part II of the Constitution. Articles 239 to 241 (Part VIII) deal with their administration. Under Article 1, the territory of India includes states, union territories, and any territory that may be acquired.

Unlike states, UTs do not share federal power with the Centre. Their administration reflects a stronger unitary character, where the Government of India exercises direct control. The Ministry of Home Affairs acts as the nodal ministry for UT administration.

BACKGROUND
- 1956: Chief Commissioners’ Provinces became Union Territories through the 7th Constitutional Amendment.
- Earlier, Schedule I classified territories into Parts A, B, C, and D.
- State Reorganisation Commission (1956) observed that some small, financially weak regions could not function as states.
- Andaman & Nicobar Islands became the first UT in 1956.

REASONS FOR CREATION OF UNION TERRITORIES
- Political & Administrative Importance: Delhi, Chandigarh.
- Cultural Distinctiveness: Puducherry, Dadra & Nagar Haveli, Daman & Diu.
- Strategic Importance: Andaman & Nicobar Islands, Lakshadweep.
- Special Care for Backward Tribal Regions: Mizoram, Manipur, Tripura, Arunachal Pradesh (later became states).

ADMINISTRATIVE MECHANISM (ARTICLE 239)
- President administers each UT through an Administrator.
- Administrator is an agent of the President, not a constitutional head like a Governor.
- President may appoint a State Governor as Administrator of a UT.
- Lt. Governors: Delhi, Puducherry, Andaman & Nicobar Islands, J&K, Ladakh.
- Administrators: Chandigarh, Dadra-Nagar Haveli & Daman-Diu, Lakshadweep.

SPECIAL PROVISIONS FOR DELHI – ARTICLE 239AA (69TH AMENDMENT)
- Delhi renamed as National Capital Territory (NCT).
- Legislative Assembly created (70 members).
- Assembly can legislate on State List subjects except public order, police, and land.
- Council of Ministers (maximum 10% of assembly strength).
- CM appointed by the President.
- In case of disagreement, Lt. Governor refers matter to President.
- ECI conducts elections.

ADVISORY COMMITTEES
Union Territories without legislature (A&N Islands, Chandigarh, Dadra-Nagar Haveli & Daman-Diu, Lakshadweep, Ladakh) have Home Minister’s Advisory Committees chaired by Union Home Minister.

DADRA & NAGAR HAVELI AND DAMAN & DIU MERGER (2019)
- Merged into a single UT.
- President empowered to make regulations under Article 240(1).
- UT gets two Lok Sabha seats.
- Jurisdiction of Bombay High Court continues.

J&K REORGANISATION ACT 2019
- J&K became two UTs: J&K (with legislature) and Ladakh (without legislature).
- Article 370 & 35A revoked.
- UT of J&K: Assembly can legislate on State List except police & public order.
- Ladakh became largest UT by area.

HIGH COURT JURISDICTION OVER UTs
- Delhi → Delhi HC
- Dadra-Nagar Haveli & Daman-Diu → Bombay HC
- Chandigarh → Punjab & Haryana HC
- Puducherry → Madras HC
- A&N Islands → Calcutta HC
- Lakshadweep → Kerala HC


ADMINISTRATION OF SCHEDULED AREAS (FIFTH SCHEDULE)

Article 244 & Fifth Schedule govern Scheduled Areas (except NE states under Sixth Schedule). Special administration is required due to socio-economic backwardness of tribal communities.

FEATURES

1. DECLARATION OF SCHEDULED AREAS
- President declares, alters, modifies scheduled areas after consulting the Governor.

2. EXECUTIVE POWERS
- Governor has special powers.
- Must send annual reports to the President.
- Centre may issue directions.

3. TRIBES ADVISORY COUNCIL (TAC)
- Mandatory in states with Scheduled Areas.
- 20 members; 3/4th are ST MLAs.
- Advises on tribal welfare.

4. LAW APPLICABILITY
- Governor can modify applicability of central/state laws to Scheduled Areas.
- Can issue regulations related to land, money lending, governance.
- Presidential assent required.

CRITERIA FOR SCHEDULED AREAS
- Tribal majority population.
- Compactness of area.
- Underdeveloped region.
- Significant economic backwardness.

ISSUES IN FIFTH SCHEDULE GOVERNANCE
- Less power compared to Sixth Schedule.
- Women underrepresented in TACs.
- Weak financial autonomy.
- Irregular Governor’s reports.
- TACs have advisory, not binding powers.


ADMINISTRATION OF TRIBAL AREAS (SIXTH SCHEDULE)

Applies to Assam, Meghalaya, Tripura, Mizoram. Provides autonomy through District & Regional Councils.

STRUCTURE
- Regional Council → District Council → Village Council.
- 30 members (26 elected for 5 years, 4 nominated by Governor).

POWERS
1. LEGISLATIVE: Land, forests, water, inheritance, marriage, etc. (with Governor’s assent).
2. JUDICIAL: Local courts for tribal cases.
3. REGULATORY: Markets, schools, health centres.
4. TAXATION: Land revenue, tolls, fees.

Acts of Parliament/State Legislature apply only with modifications.

ISSUES
- Composition does not reflect demographic changes.
- Non-codified customary laws.
- Poor financial accountability.
- Ambiguous Governor’s role.
- Overlapping powers with State Government.


PANCHAYATS (EXTENSION TO SCHEDULED AREAS) ACT – PESA 1996

Part IX does not apply to Fifth Schedule Areas unless Parliament extends it. PESA was enacted to empower tribal self-governance.

FEATURES OF PESA
- Must follow customary laws and traditions.
- Village = habitation/hamlet representing traditional community.
- Gram Sabha empowered to:
  • Preserve culture, customs, community resources.
  • Approve development plans.
  • Certify fund utilisation.
- ST reservation: Not less than 50% of seats; all chairpersons reserved for STs.
- Minor water body management to Panchayats.
- Village-level powers:
  • Prohibit intoxicants
  • Ownership of minor forest produce
  • Restore alienated land
  • Control over moneylending
  • Manage village markets
  • Oversee local institutions and functionaries
  • Control over local planning and resources

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