Union Territories And Their Administration
India consists of states and union territories as mentioned in the 1st Schedule. India has 28 states and eight Union Territories i.e. Andman and Nicobar Islands, Dadra and Nagar Haveli and Daman & Diu, Chandigarh, Delhi, Puducherry, Lakshdweep, Jammu & Kashmir and Ladakh. In Delhi, Puducherry and Jammu & Kashmir, there is provision of elected Legislative Assembly.
How Union Territory is administered ? (Article 239)
A Union Territory is administered by the President by an administrator appointed by him with such designation as may be specified. Parliament may by law provide for administration of Union Territory. The President may appoint a Governor of a state as an Administrator of adjoining Union Territory. When a Governor is appointed as an administrator of Union Territory, he exercises his functions independently of Council of Ministers.
Article 239A empowers the Parliament to create Union Territory of Puducherry a body, whether elected, or partly elected or partly nominated to function as legislature of the Union Territory or a Council of Ministers or both with such constitution, powers and functions, in each case as may be specified in the law.
Any such law will not be treated as amendment to the Constitution under Article 368.
What are special provisions for administration of National Capital Territory of Delhi ? (Article 239 AA)
The Constitution (Sixty Ninth Amendment) Act, 1991 has established National Capital Territory of Delhi. Administrator of NCT of Delhi has been designated as Lieutenant Governor.
Article 239 AA provides for Legislative Assembly for NCT of Delhi. Seats in the Legislative Assembly have to be filled from territorial constituencies by direct election. The total number of seats in the Legislative Assembly, the number of seats for scheduled castes, division of the NCLT of Delhi into territorial constituencies are regulated by law made by Parliament.
Legislative Assembly has power to make laws for matters falling in State List and Concurrent List except matters with respect of entries 1, 2 and 18 of the State List and entries 64, 65, 66 of state list as they relate to entries 1,2 and 3. Entries 1, 2 & 18 deals with public order, police and land respectively.
If law made by Legislative Assembly is repugnant with the law made by Parliament, the law made by Legislative Assembly to the extent of repugnancy will be void. But if such law passed by the Legislative Assembly has been reserved for assent of President and received his assent, such law will prevail in NCT of Delhi.
The Council of Ministers consist of not more than 10% of total number of members of Legislative Assembly to aid and advise the Lieutenant Governor in matters wherein the Legislative Assembly is competent to make laws. In case of difference of opinion between the Lieutenant Governor and his ministers, the matter is referred to the President and acted upon according to the decision of the President. During pendency of matter before the President, the Lieutenant Governor may take action on such matters if in his opinion urgent action is required.
Chief Minister is appointed by the President and other ministers are appointed by the President on the advise of the Chief Minister. Ministers hold office during pleasure of the President.
The Council of Ministers will be collectively responsible to the Legislative Assembly.
Parliament may by law make provisions for giving effect or supplementing the provisions for all matters incidental or consequential thereto.
What happens in case of failure of Constitutional Machinery in NCT of Delhi ? (Article 239 AB)
If the President on a report of the Lieutenant Governor or otherwise is satisfied that a situation has arisen wherein the administration of the NCT of Delhi cannot be carried on in accordance with the provisions of Article 239 AA or of any law made in pursuance of that article or for proper administration of the NCT of Delhi, the President may by order suspend the operation of any provision of Article 239 AA or of all or any of the provisions of law made in pursuance of that article for such period and subject to such conditions as may be specified under such law.
When can Administrator promulgate ordinance during recess of Legislature ? (Article 239 B)
When legislature of the Puducherry is not in session, the Administrator can promulgate ordinances if administrator is of opinion that circumstances exist which render it necessary for him to take immediate action. Such ordinance can only be issued after obtaining consent from the President.
Such ordinance has to be placed before the legislature of the Union Territory and cease to operate at the expiration of six weeks form the reassembly of such legislature or before expiration of such period if resolution disapproving it is passed by Legislature. The Administrator may at any time withdraw the ordinance after obtaining instruction from the President.
Such ordinance cannot be issued if Legislature has been dissolved or suspended.
If such ordinance would not have been valid if enacted by the Legislature of the Union Territory, such ordinance will be void.
What are powers of the President to make regulations for Union Territories ? (Article 240)
Article 240 empowers President to make regulations for the peace, progress and good government of the Union Territory of the Andman and Nicobar Islands, Lakshdeep, Dadra & Nagar Haveli, Daman and Diu and Puducherry.
The President cannot make regulations for the peace, progress and good government of the Union Territory of Puducherry if Legislature has come into existence. But if such Legislature has been dissolved or suspended, the President can make regulations for peace, progress and good governance.
Any such regulation made by President can amend any act made by Parliament or any other law which is for time being applicable to the Union Territory. It has same force and effect as an Act of Parliament.
What are provisions for High Court for a Union Territory (Article 241)
Parliament can constitute a High Court for a Union Territory or declare any Court as High Court of the Union Territory.
_________________________________________________________
Mukesh Kumar Suman is an advocate based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
