Union Territories

Presented by Santhosh Rao

Menneni
 Learning objectives
• Article 01 and Union Territories
 Article 01
• Under Article 1 of the Constitution, the territory of India comprises three categories
of territories:
– (a) territories of the states
– (b) union territories
– (c) territories that may be acquired by the Government of India at any time.
 Creation of Union Territories:
• The union territories have been created for a variety of reasons.
• 1. Political and administrative consideration–Delhi and Chandigarh.
• 2. Cultural distinctiveness–Puducherry, Dadra and Nagar Haveli, and Daman and
Diu.
• 3. Strategic importance–Andaman and Nicobar Islands and Lakshadweep.
• 4. Special treatment and care of the backward and tribal people–
• Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.
 NCT of Delhi
• The 69th Constitutional Amendment Act of 1991 gave the UT of Delhi special
status, renamed it the National Capital Territory of Delhi, and named the
Lieutenant Governor of Delhi as its administrator (LG).
• The 69th amendment to the Constitution of India inserted Article 239AA, which
declared the Union Territory of Delhi to be administered by a L-G who works on
aid and advice of the elected legislative assembly.
• It created a legislative assembly and a council of ministers for Delhi. Previously,
Delhi had a metropolitan council and an executive council.
• 1. Creation of Legislative Assembly:
• The strength of the assembly is fixed at 70 members, directly elected by the people.
• The elections are conducted by the election commission of India.
• 2. Strength of Assembly:
• The assembly can make laws on all the matters of the State List and the Concurrent
List except the three matters of the State List, that is:
– Public order
– Police
– Land.
• But, the laws of Parliament prevail over those made by the Assembly.
• 3. Power of Assembly
• The strength of the council of ministers is fixed at ten per cent of the total strength of
the assembly, that is, seven–one chief minister and six other ministers
• The chief minister is appointed by the President (not by the lt. governor).
• The other ministers are appointed by the president on the advice of the chief
minister.
• The ministers hold office during the pleasure of the president.
• The council of ministers is collectively responsible to the assembly.
• 4. Council of Ministers
• The council of ministers headed by the chief minister aid and advise the lt.
• Governor in the exercise of his functions except in so far as he is required to act in his
discretion.
• In the case of difference of opinion between the governor and his ministers then governor is
to refer the matter to the president for decision and act accordingly.
• 5. LG and Council of Ministers:
• When a situation arises in which the administration of the territory cannot be carried on in
accordance with the above provisions, the president can suspend their (above provisions)
operation and make the necessary incidental or consequential provisions for administering
the territory.
• In case of failure of constitutional machinery, the president can impose his rule in the
territory.
• This provision resembles Article 356 which deals with the imposition of President‘s Rule in
the states.
 Article 239AA
• Further, the Article 239AA also notes that L-G has to either act on the aid and
advice of the Council of Ministers, or he is bound to implement the decision
taken by the President on a reference being made by him.
• Also, Article 239AA, empowers the L-G to refer a difference of opinion on ‘any
matter’ with the Council of Ministers to the President.
• Thus, this dual control between L-G and the elected government leads to a power
tussle.
 NCT vs UOI case, 2018.
• The case referred to the Constitutional bench is known as NCT vs UOI case, 2018.
• The five-judge Bench opened a new jurisprudential chapter in the Administration of
NCT.
• 1. Purposive Construction: The court invoked the rule of purposive
construction to say that the objectives behind the
Constitution (69th Amendment) Act shall guide the interpretation of Article 239AA.
• 2. L-G to Act on Aid and Advice
• 3. Any Matter is Not Every Matter
• 4. L-G as facilitator
• 5. New Delhi Cannot be Given Statehood
 Principle of Subsidiarity
• Principle of Subsidiarity:
– Subsidiarity — the foundational principle of fiscal federalism — necessitates
empowered sub-national governments.
– Therefore, the central government should move towards allocating greater
powers to city governments.
 Government of National Capital Territory of Delhi
(Amendment) Bill, 2021
• 1. Change in Definition of Government: It defines the term “government” in the
context of laws made by the legislative assembly to be the Lieutenant-Governor (L-
G) of Delhi, not the elected government.
• 2. Expanding Powers of L-G: It expands L-G’s powers by requiring the elected
government to seek L-G’s opinion on specific matters. Furter, it is left to L-G to
define these “matters” through a general or specific order.
• 3. Weakens Legislative Assembly: It weakens the powers of the assembly by
prohibiting it from making rules for its committees on day-to-day administration.
 Arguments Against the Act
• 1. Against the Spirit of Supreme Court Judgement
• 2. Rollback of Representative Government
• 3. Centralising India’s Federal Polity