A union territory ( hi|script=latn|kendraśāsit pradeś||centrally administered province) 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
Central Government of India.
History
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.
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 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.
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.
[Union Territories. Know India: National Portal of India](_blank)
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 partially state-like function.
Due to existence of union territories, many critics have resolved India into a semi-federal nation, as the central and state governments each have their own 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.
The Constitution does not stipulate how tax revenue is to be devolved to the union territories, unlike for the states. The funds devolution to union territories by the union government have no criteria where all the revenue goes to the union government. Some union territories are provided more funds, while others are given less, in an arbitrary manner by the union government. 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 are not having legislative assembly. UT-GST is levied at par with the applicable state GST in rest of the country which would eliminate the previous lower taxation in the union territories.
Constitutional status
Article 1 (1) of the Indian constitution says that India shall be a "Union of States", which are 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. In the constitution wherever it refers to Territories of India, it is applicable to whole country including union territories. Where it refers to only India, it is applicable 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. are applicable to union territories as it refers specifically to Territories of India. The executive power of Union (i.e. union of states only) rests with
President of India. President of India is also chief administrator of union territories per
Article 239. Union public service commission role is not applicable 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 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 to implement
tax haven laws in these union territories to attract foreign capital and investments in to India instead of depending on foreign
tax haven countries.
Three of the union territories have representation in the upper house of the Indian Parliament, the
Rajya Sabha. Delhi, Jammu and Kashmir, and Puducherry which are also exceptional among union territories in that each has its own locally elected
legislative assembly and government.
Current union territories
Former union territories
Proposed union territories
Mahe
Mahe district is one of the four districts of
Puducherry, lying completely opposite to
Puducherry district on Kerala coast. It is argued by many advocating the adjoining of Mahe with
Lakshadweep or Kerala or make a separate union territory because of a perceived lack of development compared to the rest of Puducherry.
Panun Kashmir
Panun Kashmir is a superficial proposed union territory in the
Kashmir Valley which is advocated by the Kashmiri Pandit Network as a homeland for
Kashmiri Hindus who have fled the Kashmir valley as a result of
ongoing violence and hope to return.
[http://www.panunkashmir.org/]
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
External links
*
{{Authority control
Category:States and union territories of India
Category:Administrative divisions of India
Category:Territories