UNION TERRITORIES (UTs)


Evolution of UTs

  • 1874: Scheduled districtsChief Commissioner Provinces
  • Part ‘C’ and Part ‘D’ States (post-independence)
  • 1956 (7th Amendment): Created Union Territories (UTs)

Administrative System of UTs

  • NO uniform system of administration across UTs.
  • Parliament has supreme legislative power over UTs (even those with a Legislative Assembly).
  • However, if a UT law receives the President’s assent, it prevails unless overridden by Parliament.

President’s Powers Over UTs

  • Can make regulations for A&N Islands, Dadra & Nagar Haveli, Daman & Diu, and Lakshadweep.
  • For Puducherry: Regulations only when Assembly is suspended or dissolved.
  • These regulations can repeal or amend any Act of Parliament applicable to UTs.

Other Provisions

  • The Constitution does NOT mention “Acquired Territories”, but UT provisions are applied to them.
  • Ministry of Home Affairs (MoHA) is the nodal ministry for UT administration.
  • Home Minister’s Advisory Committee (HMAC):
  • Chairperson: Union Home Minister.
  • Administrator’s Advisory Committee (AAC):
  • Chairperson: Respective Administrator.
  • Members: MPs & Local Body Representatives.

DELHI – Special Provisions (69th CAA, 1991)

Chief Minister & Lt. Governor (LG) Powers

  • CM of Delhi is appointed by the President.
  • Lt. Governor (LG) Ordinance Powers:
  • Can issue ordinances ONLY with prior permission of the President.
  • CANNOT promulgate ordinances if Assembly is dissolved or suspended.

President’s Rule in Delhi (Article 239AB)

  • President can impose his rule if there is constitutional failure in Delhi.
  • Similar to Article 356 (President’s Rule in states).

Lt. Governor’s Powers Over Delhi Assembly

  1. Summon, Prorogue, or Dissolve the Assembly.
  2. Address the Assembly:
  • First session after elections.
  • First session of every year.

70th CAA (1992)

  • Elected members of the Delhi Assembly are included in the Presidential Election process.

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