Administration of Union Territories & Acquired Territories

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Administration of UT’s & Acquired Territories
  • Genesis of UT’s (4)
  • Administrator (3)
  • Prov. For Leg. Assembly & COM (3)
  • Legislative power – (3)
  • HC’S FOR UT’S – (4)
  • Acquired Territories (3)
  • Genesis of UT’s – (4)
  1. In the original constitution of 1949, states were divided into three categories of Part A, Part B & Part C of I schedule of the constitution..
  2. These Part C states have later become UT’s.
  3. UT’s are (7) in number.
  1. Delhi
  2. A & N Islands
  3. Lakshadweep
  4. Dadra & Nagar Haveli
  5. Daman & Diu.
  6. Pandicherry
  7. Chandigarh
4.                   Though all these UT’s belong to one category, there are some differences in the actual system of administration as b/f the several UT’s owing to the
  1. Provisions of the constitution’s. &
  2. Acts of Parliament made in pursuance of the constitution provisions.
  • Administrator:- (3)
  1. Art 239(1) – UT shall be administered by the president through on administrator appointed by him with such designation as he may specify.
  2. Art 239(2) – President can also appoint government of other state as administrator of the state who shall exercise his FC’s as such administrator independently of his COM [Art 239 (2)]
  3. This administrator of UT’s acts as an agent of the president and not as a Governor acting as the head of a state.
  • Provision for Legislative Assembly and COM:
Art 239 A Art Introducing in the constitution in 1962, later amended by the 37th Amdment, 1974 Empowers Parl.
  1. To create a legislature or COM’s or both for some of the UT’s.
    • hence Parl. Enacted

Government of UT’s Act, 1963, Providing for Legislative Assembly & COM to advise the Administrator in these UT’s.

2.                   Pandicharry is only UT left under this category (this Art) all other UT’s have become states.
3.       Art 239AA & 239AB Inserted by 69th constitution Amendment came into force on 1992
  1. Parliament has enacted NCT of Delhi Act, 1991 to supplement these provisions.
  2. Thus from 1993 Delhi has legislative Assembly & COM.
  3. The Government of Delhi has all the legislative powers in the state list except entries
    1. Public Order
    2. Police
  1. Land.
  • Legislative Power:- (3)
  1. Art 246 (4) – Parliament has exclusive power of legislation on UT including the matters in state list.
  2. But in UT’s of Dadra & Nagar Haveli, Damon & Div & Pandicherry
                 President has legislative power to make regulations for the peace, progress & good government of these territories.
3.                   Art 240 (2).  – This power of the (p) overrides the legislative power of parliament.
  • High Courts for UT’s:- (4)
Art 241 (1) Parliament may by law constitute a HC for a UT or
3.                   Declare any court in the territory to be a HC for all or any of the purposes of this constitution.
4.       Untill such legislation, the existing his related to these territories shall exercise their jurisdiction.
5.       The Result is
    • Punjab & Haryana HC’s act as HC of chandigarh
    • Kerala HC for – Lakshadweep
    • Calcutta HC for – A & N islands.
    • Madras HC over – Pandicherry.
    • Bombay HC over – Dadra & Nagar Haveli. & Doman & Div.
    • Delhi has a separate HC.
  • Acquired Territories:- (3)
  1. There are no separate prov. In the constitution rel. to administration of acquired territories. But in Art 366 (3) – The provisions of UT’s are extended to other territories (other than UT’s) because of the def. Given to UT which includes “Any other territory comprised within the territory of India but not specified in that schedule.”
  2. Thus, until 1962, though Pandicherry, Karaikal, Yanam & 19a he were not UT’s were administered by president of India through a chef commissner.
  3. Art. 246 (4) – Parliament has plenary power of legislation regarding such territory as in the case of U.T.
  4. ************