Union territory

This article is about the union territories of India. For other uses, see Federal territory and Union territory (disambiguation).

A union territory is a type of administrative division in the Republic of India. Unlike the states of India, which have their own governments, union territories are federal territories governed, in part or in whole, by the Union Government of India.^[1][2][3] There are currently eight union territories in India, namely Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi, Jammu and Kashmir, Ladakh, Lakshadweep and Puducherry.

Union territory
National Capital Territory Jammu and Kashmir Ladakh Andaman and Nicobar Islands Chandigarh Dadra and Nagar Haveli and Daman and Diu Lakshadweep Puducherry
Category	Federated states
Location	Republic of India
Number	8 (as of 2022)
Populations	Lakshadweep – 64,473 (lowest) National Capital Territory of Delhi – 31,181,376 (highest)
Areas	Lakshadweep – 32 km^2 (12 sq mi) (smallest) Ladakh – 59,146 km^2 (22,836 sq mi) (largest)
Government	Union government
Subdivisions	Districts Divisions

History

 

 

Comparison of the administrative divisions of India in 1951 and 1956

 

 

Districts of Jammu and Kashmir and List of districts of Ladakh as of November 2019.

When the Constitution of India was adopted in 1949, the Indian federal structure included:

• Part C states, which were chief commissioners' provinces and some princely states, each governed by a chief commissioner appointed by the President of India. The ten Part C states were Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Cutch, Manipur, Tripura and Vindhya Pradesh.
• One Part D state (Andaman and Nicobar Islands) administered by a lieutenant governor appointed by the central government.^[4]

After the States Reorganisation Act, 1956, Part C and Part D states were combined into a single category of "Union territory". Due to various other reorganisations, only 6 union territories remained:

• Andaman and Nicobar Islands
• Laccadive, Minicoy & Amindivi Islands (later renamed Lakshadweep)
• Delhi
• Manipur
• Tripura
• Himachal Pradesh

By the early 1970s, Manipur, Tripura, and Himachal Pradesh had become full-fledged states, and Chandigarh became a union territory. Another three (Dadra and Nagar Haveli and Daman and Diu and Puducherry) were formed from acquired territories that formerly belonged to non-British colonial powers (Portuguese India and French India, respectively).

In August 2019, the Parliament of India passed Jammu and Kashmir Reorganisation Act, 2019. The act contains provisions to reconstitute the state of Jammu and Kashmir into two union territories, one to be eponymously called Jammu and Kashmir, and the other Ladakh on 31 October 2019.

In November 2019, the Government of India introduced legislation to merge the union territories of Dadra and Nagar Haveli and Daman and Diu into a single union territory to be known as Dadra and Nagar Haveli and Daman and Diu.^[5][6][7]

Administration

The Parliament of India can pass a law to amend the constitution and provide a Legislature with elected Members and a Chief Minister for a union territory, as it has done for Delhi and Puducherry. In general, the President of India appoints an administrator or lieutenant governor for each UT.^[1]

Delhi, Puducherry and Jammu and Kashmir operate differently from the other five. They were given partial statehood and Delhi was redefined as the [National Capital Territory] (NCT) and incorporated into a larger area known as the National Capital Region (NCR). Delhi, Puducherry and Jammu and Kashmir have an elected legislative assembly and an executive council of ministers with a partially state-like function.^[8]

Due to the existence of union territories, many critics have resolved India into a semi-federal nation, as the central and state governments each have their domains and territories of legislation. Union territories of India have special rights and status due to their constitutional formation and development. The status of "union territory" may be assigned to an Indian sub-jurisdiction for reasons such as safeguarding the rights of indigenous cultures, averting political turmoil related to matters of governance, and so on. These union territories could be changed to states in the future for more efficient administrative control.^[9]

The Constitution does not stipulate how tax revenue is to be devolved to the union territories, unlike for the states. The fund's devolution to union territories by the union government has no criteria where all the revenue goes to the union government. Some union territories are provided more funds, while others are given less, arbitrarily by the union government.^[10] As union territories are directly ruled by the union government, some union territories get more funds from the union government than entitled on per capita and backwardness basis when compared to states.

After the introduction of GST, UT-GST is applicable in union territories which do not have a legislative assembly. UT- GST is levied at par with the applicable state GST in the rest of the country which would eliminate the previous lower taxation in the union territories.^[11]

Constitutional status

Article 1 (1) of the Indian constitution says that India shall be a "Union of States", which is elaborated under Parts V (The Union) and VI (The States) of the constitution. Article 1 (3) says the territory of India comprises the territories of the states, the union territories and other territories that may be acquired. The concept of union territories was not in the original version of the constitution, but was added by the Constitution (Seventh Amendment) Act, 1956.^[12] Article 366(30) also defines Union territory as any union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule. In the constitution wherever it refers to Territories of India, it is applicable to the whole country including union territories. Where it refers to only India, it applies to all states only but not to union territories. Thus, citizenship (part II), fundamental rights (part III), Directive Principles of State Policy (part IV), Judiciary role, the Union Territories (part VIII), Article 245, etc. apply to union territories as it refers specifically to Territories of India. The executive power of the Union (i.e. union of states only) rests with President of India. The President of India is also the chief administrator of union territories as per Article 239. The union public service commission's role does not apply to all territories of India as it refers to India only in Part XIV.

The constitutional status of a union territory is similar to a state under the perennial president's rule per Article 356 subject to specific exemptions to a few union territories with legislative assembly. Per Article 240 (2), supreme power is accorded to the president in regulating the affairs of all the union territories except Chandigarh, NCT and Puducherry, including powers to override the laws made by Parliament and the constitution of India. Article 240 (2) allows implementing tax haven laws in these union territories to attract foreign capital and investments into India instead of depending on foreign tax haven countries.

The difference between states as listed in the First Schedule of the constitution and union territories with legislative assembly is that states were given autonomous powers as provided in the constitution without any possible interference by the parliament whereas UTs with legislative assembly (Part VIII) has similar powers but parliament is empowered to modify or repeal or suspend the laws made by a union territory (ultimate authority by the parliament unlike the independent nature of the states).

Three of the union territories have representation in the upper house of the Indian Parliament, the Rajya Sabha: Delhi, Jammu and Kashmir, and Puducherry. Puducherry, Jammu and Kashmir and NCT of Delhi are the only 3 Union Territories that are exceptional among union territories in that each has its own locally elected legislative assembly and have a Chief Minister.^{[citation needed]}

Current union territories

Union territory	ISO 3166-2:IN	Vehicle code	Zone	Capital	Largest city	UT established	Population	Area (km^2)	Official languages	Additional official languages
Andaman and Nicobar Islands	IN-AN	AN	Southern	Port Blair		1 November 1956	380,581	8,249	Hindi	English
Chandigarh	IN-CH	CH	Northern	Chandigarh	—	1 November 1966	1,055,450	114	English	—
Dadra and Nagar Haveli and Daman and Diu	IN-DH	DD	Western	Daman		26 January 2020	586,956	603	Hindi, Gujarati, Marathi, English	—
Delhi	IN-DL	DL	Northern	New Delhi	Delhi	1 November 1956	16,787,941	1,490	Hindi, English	Punjabi, Urdu^[13]
Jammu and Kashmir	IN-JK	JK	Northern	Srinagar (Summer)^[14]^[15] Jammu (Winter)^[15]^[16]	Srinagar	31 October 2019	12,258,433	42,241	Kashmiri, Dogri, Urdu, Hindi, English
Ladakh	IN-LA	LA	Northern	Leh (Summer) Kargil (Winter)^[17]	Leh	31 October 2019	290,492	59,146	Hindi, English
Lakshadweep	IN-LD	LD	Southern	Kavaratti		1 November 1956	64,473	32	Malayalam, English	—
Puducherry	IN-PY	PY	Southern	Puducherry		16 August 1962	1,247,953	492	Tamil, English	Telugu, Malayalam, French

Former union territories

Map	Name	Zone	Capital	Area	UT established	UT disestablished	Now part of
	Arunachal Pradesh	North-Eastern	Itanagar	83,743 km^2 (32,333 sq mi)	21 January 1972	20 February 1987	As an Indian state
	Dadra and Nagar Haveli	Western	Silvassa	491 km^2 (190 sq mi)	11 August 1961	26 January 2020	Dadra and Nagar Haveli and Daman and Diu union territory
	Daman and Diu	Western	Daman	112 km^2 (43 sq mi)	30 May 1987	26 January 2020	Dadra and Nagar Haveli and Daman and Diu union territory
	Goa, Daman and Diu	Western	Panaji	3,814 km^2 (1,473 sq mi)	19 December 1961	30 May 1987	Goa state and Dadra and Nagar Haveli and Daman and Diu union territory
	Himachal Pradesh	Northern	Shimla	55,673 km^2 (21,495 sq mi)	1 November 1956	25 January 1971	As an Indian state
	Manipur	North-Eastern	Imphal	22,327 km^2 (8,621 sq mi)	1 November 1956	21 January 1972	As an Indian state
	Mizoram	North-Eastern	Aizawl	21,087 km^2 (8,142 sq mi)	21 January 1972	20 February 1987	As an Indian state
	Nagaland	North-Eastern	Kohima	16,579 km^2 (6,401 sq mi)	29 November 1957	1 December 1963	As an Indian state
	Tripura	North-Eastern	Agartala	10,491.65 km^2 (4,050.85 sq mi)	1 November 1956	21 January 1972	As an Indian state

Proposed union territories

Main article: Proposed states and union territories of India

There have been a number of movements and proposals to carve out additional states and union territories.

See also

• Staff Selection Commission
• Federalism in India
• Lawmaking procedure in India
• List of amendments of the Constitution of India
• List of Acts of the Parliament of India

References

1. Union Territories. Know India: National Portal of India 2012-11-26 at the Wayback Machine
2. . KnowIndia.gov.in. Archived from the original on 24 October 2013. Retrieved 17 November 2013.
3. "Union Territories of India". from the original on 22 November 2016. Retrieved 21 September 2014.
4. . Archived from the original on 1 May 2017. Retrieved 19 November 2011.
5. Dutta, Amrita Nayak (10 July 2019). "There will be one UT less as Modi govt plans to merge Dadra & Nagar Haveli and Daman & Diu". New Delhi. The Print. from the original on 14 April 2021. Retrieved 22 August 2019.
6. "Govt plans to merge 2 UTs -- Daman and Diu, Dadra and Nagar Haveli". Press Trust of India. 22 November 2019. from the original on 14 April 2021. Retrieved 22 November 2019.
7. "Bill No. 366 of 2019" [THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU (MERGER OF UNION TERRITORIES) BILL, 2019]. Article 240 (2), of 21 November 2019 (PDF). Lok Sabha. 24 February 2021 at the Wayback Machine
8. "Union territories with and without legislature: How will Ladakh be different from Jammu and free fire". India Today. 6 August 2019.
9. "Supreme Court judgement, New Delhi Municipal Corporation ... vs State Of Punjab Etc.Etc on 19 December, 1996". from the original on 5 December 2018. Retrieved 17 September 2017.
10. "Puducherry CM N Rangasamy seeks 'clear formula' for devolution of Central funds". The Economic Times. from the original on 29 September 2017. Retrieved 17 September 2017.
11. "Why Union Territory GST law (UTGST) is important?". from the original on 1 October 2017. Retrieved 17 September 2017.
12. . Archived from the original on 1 May 2017. Retrieved 17 September 2017.
13. (PDF). Government of Delhi. 2 July 2003. Archived from the original (PDF) on 4 March 2016. Retrieved 17 July 2015.
14. "Srinagar | History, Life, Lakes, & Map". Encyclopedia Britannica. from the original on 20 August 2021. Retrieved 26 July 2021.
15. "Jammu and Kashmir Government Puts An End To 149-Year-Old Practice Of 'Darbar Move'". Outlook India. from the original on 26 July 2021. Retrieved 26 July 2021.
16. "Jammu | History, Map, & Facts". Encyclopedia Britannica. from the original on 6 September 2021. Retrieved 26 July 2021.
17. Excelsior, Daily (12 November 2019). "LG, UT Hqrs, Head of Police to have Sectts at both Leh, Kargil: Mathur". from the original on 13 February 2020. Retrieved 17 December 2019.

External links

•   Media related to Union territories of India at Wikimedia Commons