LUXMIKANT POLITY CRUX NOTES-CHAPTER-40

Union Territories

Intro ·         Article 1 – India to consist of

a.       territories of states

b.       Union territories.

c.        Territories that may be acquired by the government of India at any time

·         28 states, 8 union territories, no acquired territories

Creation of UT ·         For the variety of reasons:

a.       Political and administrative consideration-Delhi and Chandigarh.

b.       Cultural distinctiveness – Puducherry, Dadra and Nagar Haveli, Daman and Diu

c.        Strategic importance – Andaman and Nicobar, Lakshadweep

d.       Special treatment and care of backward and tribal people – Mizoram, Manipur, Tripura and Arunachal Pradesh – later became states.

·         In 2019 erstwhile Jammu and Kashmir was bifurcated into separate union territories – UT of Jammu and Kashmir Beauty of Ladakh – Jammu and Kashmir reorganisation Bill 2019

Art.239 Administration of Union territories
Art. 239 A Creation of local legislature or council of ministers or both for certain union territories.
Art. 239 AA Special provisions with respect to Delhi.
Art. 239 AB Provision in case of failure of constitutional machinery.
Art. 239 B Power of administrator promulgate ordinances during recess of Legislature
Art. 240 Power of president to make regulations for certain UT
Art. 241 High Court of UT
Art. 242 Coorg (Repealed)
States v. UT
States UT’s
Relationship with Center is federal. Relationship with Center is unitary
They share a distribution of power with Centre They are under direct control and administration of the Centre
They have autonomy, uniformity in their administrative set up They do not have any autonomy, no uniformity in administrative set up
Their executive head is known as governor. Executive head is either admin or Lieutenant Governor or chief Commissioner
Governor is constitutional head of the state. Admin is an agent of the President
Parliament cannot make laws on subjects of the state list – except under extraordinary circumstances. Parliament can make laws on any subject of the three list – State List- in relation to the states except under in relation to the unity

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