Module 33. Union Territories and Special Areas

The constitutional framework of India provides for a unique administrative division known as Union Territories (UTs), along with certain special areas that enjoy distinct constitutional and administrative provisions. These entities reflect the country’s diversity and the need to accommodate regions with varying historical, political, and socio-cultural contexts. The creation and governance of Union Territories and special areas are primarily guided by the Indian Constitution, ensuring administrative flexibility and integration within the Indian Union.

Constitutional Basis of Union Territories

The concept of Union Territories was introduced by the Constitution of India, 1950, under Part VIII (Articles 239 to 241). Unlike states, which possess their own governments and legislatures, Union Territories are directly administered by the President of India through an appointed Administrator or Lieutenant Governor.
Originally, the Constitution recognised Part A, B, C, and D states, but the States Reorganisation Act of 1956 replaced this classification with a uniform distinction between states and Union Territories. This reform was driven by linguistic, cultural, and administrative considerations.
The rationale behind the establishment of Union Territories includes:

• Strategic importance and border security (e.g., Ladakh, Andaman and Nicobar Islands).
• Cultural or historical uniqueness (e.g., Delhi, Puducherry).
• Administrative convenience in smaller regions or islands (e.g., Lakshadweep, Chandigarh).
• Political or ethnic sensitivities (e.g., Jammu and Kashmir, post-2019 reorganisation).

Administration of Union Territories

According to Article 239, every Union Territory is administered by the President, who acts through an Administrator appointed by him. The powers and functions of the Administrator vary depending on whether the Union Territory has a legislature or not.
The Union Territories (with legislatures) — currently Delhi, Puducherry, and Jammu and Kashmir — have been granted partial statehood through special constitutional provisions:

• Article 239A (introduced by the 14th Amendment, 1962) allows Parliament to create legislatures and councils of ministers for certain UTs.
• Article 239AA (added by the 69th Amendment, 1991) provides for the National Capital Territory (NCT) of Delhi, which has a legislative assembly and council of ministers headed by a Chief Minister. However, control over subjects such as public order, police, and land remains with the Union Government.
• Article 239AB allows the President to assume direct control in case of constitutional failure in UTs with legislatures.

Union Territories without legislatures — including Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep, and Ladakh — are governed directly by Administrators on behalf of the President, with limited local governance mechanisms.

Evolution and Reorganisation of Union Territories

Since Independence, the composition and status of Union Territories have undergone several changes through constitutional amendments and Parliamentary Acts:

• 1956: Formation of UTs such as Delhi, Himachal Pradesh, Manipur, and Tripura.
• 1962: Creation of Puducherry after French settlements merged with India.
• 1966: Chandigarh was created as a Union Territory, serving as the capital of both Punjab and Haryana.
• 1987: Goa attained full statehood, ceasing to be a UT.
• 2019: The Jammu and Kashmir Reorganisation Act bifurcated the former state into two UTs — Jammu and Kashmir (with legislature) and Ladakh (without legislature).
• 2020: The Dadra and Nagar Haveli and Daman and Diu were merged into a single UT for administrative efficiency.

Currently, India has eight Union Territories:

1. Andaman and Nicobar Islands
2. Chandigarh
3. Dadra and Nagar Haveli and Daman and Diu
4. Delhi (National Capital Territory)
5. Jammu and Kashmir
6. Ladakh
7. Lakshadweep
8. Puducherry

Special Areas under the Constitution

Apart from Union Territories, certain regions of India are designated as special areas due to their unique social, cultural, or geographical characteristics. The Constitution provides for special provisions and autonomous arrangements to protect the interests of their inhabitants.
1. Fifth Schedule Areas: These areas, defined under Article 244(1) and the Fifth Schedule, include predominantly tribal regions in states such as Jharkhand, Chhattisgarh, Odisha, Madhya Pradesh, Maharashtra, Gujarat, and Rajasthan. Key features include:

• Tribal Advisory Councils (TACs) to advise on welfare and development of Scheduled Tribes.
• Special powers of the Governor to modify or exclude laws in these areas.
• Protection of tribal land rights and culture.

2. Sixth Schedule Areas: Under Article 244(2) and the Sixth Schedule, special provisions are made for tribal areas in Assam, Meghalaya, Tripura, and Mizoram. These regions enjoy a high degree of autonomy through Autonomous District and Regional Councils.Main features include:

• Elected councils with legislative, executive, and judicial powers over specified subjects.
• Authority to make laws on land, forest management, local taxation, and customary practices.
• Special protection to preserve tribal identity and self-governance.

3. Article 371 and Its Sub-clauses: Articles 371 to 371J of the Constitution provide for special responsibilities and safeguards for various states such as Maharashtra, Gujarat, Nagaland, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. These provisions include:

• Protection of customary laws and social practices (e.g., Article 371A for Nagaland).
• Restrictions on the transfer of land to non-residents.
• Establishment of development boards and equitable resource distribution.

Governance and Legislative Powers

The governance structure of Union Territories reflects a balance between central authority and local self-governance.

• In UTs with legislatures, the Legislative Assembly can make laws on subjects listed in the State List and Concurrent List, except for police, land, and public order.
• In UTs without legislatures, the Parliament holds the exclusive power to legislate, though delegated powers may be exercised by the Administrator.
• The Finance Commission and Central Government grants play a key role in supporting UT administration due to limited local revenue sources.

Special areas under the Fifth and Sixth Schedules operate under a decentralised framework, blending traditional tribal governance with modern administrative structures.

Significance and Challenges

Union Territories and special areas are vital to India’s constitutional design, serving as instruments of political flexibility, administrative efficiency, and cultural preservation. They help maintain unity in diversity by accommodating regions with different developmental trajectories and historical experiences.