Union territories: Arts. 239-241 and their administration

Detail

1. What a Union territory is

• Union territory (UT): an area that the Union (Central) government rules directly. A state has its own elected government. A UT is run for the Centre by an Administrator, whom the President appoints.
• The provisions are in Part VIII of the Constitution (Arts. 239-241).
• Why UTs exist (usual reasons):
• Some areas are too small to be states, and some cannot be merged with a neighbouring state, for example areas with a separate colonial history such as Puducherry, or Dadra and Nagar Haveli and Daman and Diu.
• Some are strategic island groups: Andaman and Nicobar, and Lakshadweep.
• One is the national capital: Delhi.
• Some were created for security or special reasons: J&K and Ladakh in 2019.

2. Evolution: from Part C and D states to UTs to states

• 1950: The Constitution grouped states into Parts A, B, C and D.
• Part C states were former Chief Commissioners' provinces.

• The Part D territory was the Andaman and Nicobar Islands.

• 7th Amendment (1956): this amendment carried out the States Reorganisation. It ended the A/B/C/D system and created two kinds of unit: states and Union territories. Most Part C and D units became UTs.

• Many UTs later became full states:

Year	UT that became a state
1971	Himachal Pradesh
1972	Manipur, Tripura
1987	Mizoram, Arunachal Pradesh, Goa

• 31 October 2019: the state of J&K was split into two UTs, J&K and Ladakh, by the J&K Reorganisation Act 2019 (NCERT: Class 11, Federalism).
• 26 January 2020: Dadra and Nagar Haveli and Daman and Diu were merged into one UT.
• The DNH&DD (Merger of Union Territories) Act 2019 made this merger.
• Its Bill was introduced in the Lok Sabha on 26 November 2019, passed by the Lok Sabha on 27 November 2019 and passed by the Rajya Sabha on 3 December 2019 [3].
• The Act also changed Art. 240(1). It replaced entry (c) with "Dadra and Nagar Haveli and Daman and Diu" and deleted entry (d) [3].

3. The eight UTs today

UT	Legislature?	Head's title
Andaman and Nicobar Islands	No	Lieutenant Governor
Chandigarh	No	Administrator (the Governor of Punjab)
Dadra and Nagar Haveli and Daman and Diu	No	Administrator
Delhi	Yes	Lieutenant Governor
Jammu and Kashmir	Yes	Lieutenant Governor
Ladakh	No	Lieutenant Governor
Lakshadweep	No	Administrator
Puducherry	Yes	Lieutenant Governor

• Three UTs have legislatures: Delhi, Puducherry and J&K.
• Delhi has its own special arrangement under Art. 239AA. It is covered in the Delhi section of this topic.

4. Constitutional scheme: Arts. 239-241

Art. 239: Administration by the President

• The President administers every UT. The President acts through an Administrator and chooses the Administrator's title.
• Administrator of a Union territory: the person who runs a UT on the President's behalf. This person is an agent of the President, not an elected head.
• Lieutenant Governor (LG): the title the Administrator has in Delhi, Puducherry, J&K, Ladakh and the Andamans. Elsewhere the title is "Administrator".
• A Governor of a neighbouring state can be the Administrator.
• That Governor then acts independently of his own state's council of ministers. The state cabinet's advice does not apply to UT work.
• Example: the Governor of Punjab is the Administrator of Chandigarh.

Art. 239A: Legislatures and ministries for some UTs (14th Amendment, 1962)

• Union territory legislature: an elected (or partly nominated) assembly, with a council of ministers, that Parliament creates by ordinary law. It does not come directly from the Constitution, as a state legislature does.
• The Government of Union Territories Act 1963 was passed under this article. It gave Puducherry a legislature of 30 elected and 3 nominated members.
• J&K's legislature comes from the J&K Reorganisation Act 2019, not from the 1963 Act.
• Key point: Parliament can still make laws on any subject for a UT, even one that has a legislature.

Art. 239B: Ordinance power of the Administrator (27th Amendment, 1971)

• Ordinance: a temporary law made by the executive when the legislature is not sitting.
• Under Art. 239B, the Administrator of a UT with a legislature can issue ordinances, but only when the legislature is not in session.
• An ordinance has the same force as an Act of the UT legislature.

Art. 240: The President's power to make regulations

• Regulation: a law the President makes directly for certain UTs. It has the same force as an Act of Parliament and can even amend or repeal such an Act as it applies to that UT.
• It covers: Andaman and Nicobar Islands, Lakshadweep, DNH&DD (after the 2019 merger [3]), and Puducherry.
• Puducherry exception: the power applies to Puducherry only when its legislature is dissolved or suspended.
• 2025 use in Ladakh: Art. 240 regulations covered reservation, domicile and official languages (verify current).

Art. 241: High Courts for UTs

• Parliament can create a High Court for a UT. It can also place a UT under the High Court of a nearby state.
• Delhi has its own High Court.
• J&K and Ladakh share a common High Court.
• The other UTs come under neighbouring state High Courts.

5. UTs with legislatures in practice

Puducherry: friction between the elected government and the LG

• 2016-21: there was repeated conflict between the LG and the elected Congress-led government over files, appointments and welfare schemes.
• Nomination of MLAs without consultation:
• In 2018, the Centre nominated 3 MLAs who were BJP functionaries. It did not consult the Puducherry government [4].
• The Madras High Court upheld the nominations [4].
• In December 2018, a three-judge Bench of the Supreme Court decided K. Lakshminarayanan v. Union of India (2018) [4]:
  • The Centre did not need to consult the UT government before nominating members [4].
  • The 1963 Act makes no difference between elected and nominated MLAs. Nominated MLAs therefore have equal voting rights, including in no-confidence motions [4].
• Exam point: in a small House of 30 elected members, 3 nominated votes can decide whether a government survives.

Jammu and Kashmir: a UT with a legislature (J&K Reorganisation Act 2019)

• 2022 delimitation: delimitation means redrawing constituency boundaries. After the 2022 exercise, the J&K Assembly has 90 elected seats.
• LG nominations were expanded by the J&K Reorganisation (Amendment) Act 2023:
• The Bill was introduced in the Lok Sabha on 26 July 2023 [2].
• Parliament passed it in December 2023, along with the J&K Reservation (Amendment) Bill 2023 [2][6].
• The LG may nominate up to 2 Kashmiri migrants, one of whom must be a woman [2].
• Migrant: a person who left the Kashmir Valley or another part of J&K after 1 November 1989 and is registered with the Relief Commissioner. Some unregistered people also count, such as government staff in moving offices or people who could not return to their property because of disturbed conditions [2].

• The LG may also nominate 1 member from persons displaced from Pakistan-occupied J&K (PoJK) [2].

• July 2024 changes to the business rules:

• Business rules are the rules that decide which authority handles which file.
• The amended Transaction of Business Rules need the LG's approval (through the Chief Secretary) for police, public order, the All-India Services (IAS and IPS), prosecution sanctions and the Advocate-General.

• Result: much of the elected government's real control is reduced.

• First UT assembly election: held in September-October 2024.

• Statehood:
• In In re Article 370 (2023), the Supreme Court recorded the Centre's assurance that statehood would be restored "at the earliest".
• It is still pending (verify current).

Ladakh: a UT without a legislature

• Ladakh is run by an LG. Local self-rule works through the Ladakh Autonomous Hill Development Councils of Leh and Kargil.
• In August 2024, the MHA approved 5 new districts: Zanskar, Drass, Sham, Nubra and Changthang [5].
• Local demands:
• Groups want Sixth Schedule status. The Sixth Schedule provides tribal self-rule through autonomous district councils.

• They also want statehood, protection for land and jobs, and a separate Public Service Commission.

• 2025: Art. 240 regulations covered reservation, domicile and languages. In September 2025, protests in Leh turned violent (verify current; details in special-provisions-scheduled-areas).

Lakshadweep: risks of rule by an Administrator

• In 2021, the Administrator issued draft regulations: a development authority with wide powers over land, a law on anti-social activities, and rules on cattle preservation and panchayat eligibility.
• These drew strong local protests.
• Lesson: where there is no legislature, an appointed official can propose sweeping laws with little local consultation.

6. The connecting theme: democratic deficit and accountability

• Democratic deficit: the gap between the people's say and the power actually used over them.
• In UTs without legislatures, the people elect only their MP. Daily rule rests with an official appointed by the Centre.

• In UTs with legislatures, power is shared and unclear:

  • The LG often controls police, services and land.
  • Nominated MLAs can change the result of votes in the House.
  • Parliament can override UT laws.

• Accountability: officials answer to the Ministry of Home Affairs, not to local voters.

Prelims Hooks

• Art. 239 → the President administers UTs through an Administrator. A neighbouring state's Governor can be Administrator and then acts without the advice of the state's ministers (Punjab Governor → Chandigarh).
• Art. 239A → 14th Amendment (1962): Parliament can create a UT legislature and council of ministers. Art. 239B → 27th Amendment (1971): the Administrator's ordinance power.
• Art. 240 regulations cover A&N Islands, Lakshadweep, DNH&DD and Puducherry, but Puducherry only when its legislature is dissolved or suspended. Delhi and Chandigarh are not on the list.
• DNH&DD merger took effect on 26 January 2020 under the 2019 Merger Act, which also amended Art. 240(1) [3].
• K. Lakshminarayanan v. UoI (2018): the Centre may nominate Puducherry MLAs without consulting the UT government, and nominated MLAs can vote on no-confidence motions [4].
• J&K Reorganisation (Amendment) Act 2023: the LG nominates up to 2 Kashmiri migrants (1 woman) + 1 PoJK displaced person [2].
• Trap: of the 8 UTs, only 3 (Delhi, Puducherry, J&K) have legislatures. Ladakh has none.
• Became states: HP (1971); Manipur and Tripura (1972); Mizoram, Arunachal Pradesh and Goa (1987).
• Ladakh's 5 new districts (August 2024): Zanskar, Drass, Sham, Nubra and Changthang [5].

Mains Points

• Democratic deficit vs. national interest: direct central rule suits strategic islands and the capital. In populated UTs, though, it weakens self-government. The Lakshminarayanan (2018) nominations, J&K's 2024 business rules and Lakshadweep's 2021 draft regulations all show elected or local voices being sidelined [4].
• Grey zone of shared power in UTs with legislatures: unclear lines between the LG and ministers lead to deadlock (Puducherry 2016-21). Reform idea: set out in law which subjects are reserved for the LG and require consultation before nominating MLAs.
• J&K and Ladakh: delayed statehood despite the Centre's assurance in In re Article 370 (2023), and the Ladakh protests of 2025 for the Sixth Schedule and statehood. These raise questions of federalism (sharing power between the Centre and units), the legitimacy of turning a state into a UT, and time-bound restoration.
• Tool of last resort: Art. 240 lets the President legislate without any local body. Mandatory public consultation and review by an advisory council could make it more accountable.