UNION TERRITORIES (UTS)

Union Territories are governed under Part VIII (Articles from 239 to 241) of the Constitution of India. Unlike states, which follow a federal model of shared power, UTs follow a unitary model where the Central Government has direct or ultimate control.

Article	Literal Heading/Provision	Explanation
239	Administration of Union Territories	(1) Save as otherwise provided by law made by Parliament, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
239A	Creation of local Legislatures or Council of Ministers or both for certain Union territories	Parliament may by law create for the Union territory of Puducherry: (a) a body, whether elected or partly nominated, to function as a Legislature, or (b) a Council of Ministers, or both.
239AA	Special provisions with respect to Delhi	As from the commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor. It provides for a Legislative Assembly and Council of Ministers.
239AB	Provision in case of failure of constitutional machinery	If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied that a situation has arisen in which the administration of the NCT cannot be carried out in accordance with the provisions of article 239AA... the President may by order suspend the operation of any provision.
239B	Power of administrator to promulgate Ordinances during recess of Legislature	If at any time, except when the Legislature of a Union territory is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
240	Power of President to make regulations for certain Union territories	The President may make regulations for the peace, progress and good government of the Union territory of— (a) the Andaman and Nicobar Islands; (b) Lakshadweep; (c) Dadra and Nagar Haveli and Daman and Diu; (d) Puducherry (subject to certain conditions regarding the legislature).
241	High Courts for Union territories	(1) Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.

 The creation of UTs is a strategic decision based on four primary pillars:

1. Administrative Importance: Delhi is the seat of the Union Government; Chandigarh is a shared capital between two states.

2. Cultural Distinctiveness: Preserving the unique heritage of former French (Puducherry) and Portuguese (Daman & Diu) colonies.

3. Strategic Importance: Remote or sensitive locations like Andaman & Nicobar (maritime security) and Ladakh(border security).

4. Special Care for Tribal/Backward Areas: Ensuring direct federal funding and protection for indigenous cultures (e.g., Lakshadweep).

There are 8 Union Territories in India

Union Territory	Capital	Key Feature
Andaman & Nicobar Islands	Port Blair	Strategic maritime location in the Bay of Bengal.
Chandigarh	Chandigarh	A planned city that serves as the capital for both Punjab and Haryana.
Dadra & Nagar Haveli and Daman & Diu	Daman	Merged into a single UT in 2020 to streamline administration.
Delhi (NCT)	New Delhi	The National Capital Territory; a major political and commercial hub.
Jammu & Kashmir	Srinagar (S) / Jammu (W)	Reorganized from a state to a UT in 2019.
Ladakh	Leh / Kargil	Known for its high-altitude deserts and strategic borders.
Lakshadweep	Kavaratti	India's smallest UT; a group of beautiful coral islands.
Puducherry	Puducherry	A former French colony with a unique cultural blend.

Recent Major Changes

The map of India’s UTs has seen significant shifts recently:

• • 2019: The state of Jammu & Kashmir was bifurcated into two separate UTs: Jammu & Kashmir and Ladakh.
  • 2020: To save costs and improve efficiency, Dadra & Nagar Haveli and Daman & Diu were merged into one single unit.

Key Differences: LG vs. Administrator

The distinction is primarily based on the nature of the territory—specifically whether it has an elected Legislative Assembly or not.

Feature	Lieutenant Governor (LG)	Administrator
Designation	Higher rank; equivalent to a "Constitutional Head" of the UT.	Generally an "Administrative Head" or "Agent of the President."
Applicable UTs	Delhi, Puducherry, J&K, Ladakh, and Andaman & Nicobar.	Chandigarh, Lakshadweep, and Dadra & Nagar Haveli and Daman & Diu.
Legislative Context	Found in UTs with Assemblies (Delhi, Puducherry, J&K) and larger strategic UTs.	Found in UTs without a Legislative Assembly (except Ladakh/A&N).
Decision Making	In UTs with legislatures, the LG acts on the "aid and advice" of the Council of Ministers.	Acts directly as the executive, though often advised by local bodies or advisory committees.
Background	Usually retired civil servants (IAS/IPS) or prominent public figures.	Often senior IAS/IPS officers (Chandigarh's head is usually the Governor of Punjab).

 Major Constitutional Amendments related to UTs

Amendment Act	Year	Key Impact on Union Territories
7th Amendment	1956	The Landmark Change: Abolished the old Part A, B, C, and D states. Introduced the modern category of "Union Territories."
10th Amendment	1961	Incorporated Dadra and Nagar Haveli as a Union Territory after liberation from Portuguese rule.
12th Amendment	1962	Incorporated Goa, Daman and Diu as a Union Territory after their liberation.
14th Amendment	1962	Incorporated Puducherry (formerly Pondicherry) into India. It also inserted Article 239A, allowing Parliament to create legislatures for certain UTs.
27th Amendment	1971	Inserted Article 239B, giving Administrators of UTs the power to promulgate ordinances (laws) when the assembly is not in session.
69th Amendment	1991	Inserted Article 239AA, granting special status to Delhi as the "National Capital Territory" (NCT) with its own Legislative Assembly.
70th Amendment	1992	Included the elected members of the Legislative Assemblies of Delhi and Puducherry in the Electoral College for the election of the President of India.
105th Amendment	2021	Restored the power of State Governments and Union Territories to identify and notify their own Socially and Educationally Backward Classes (SEBCs).

ARTICLE 239

Article 239 is the foundational provision of Part VIII of the Indian Constitution, which establishes how Union Territories (UTs) are governed. Unlike States, which have a standardized autonomous structure, UTs are under the direct “proprietorship” of the Union.

The Literal Text of Article 239

The article is divided into two main clauses:

(1) Save as otherwise provided by law made by Parliament, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.

(2) Notwithstanding anything in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

Parliamentary Supremacy

The phrase “Save as otherwise provided by law made by Parliament” means that while the President governs, Parliament has the ultimate power to change the governance structure. Parliament can create a legislature (as it did for Puducherry) or change the powers of the Administrator at any time.

The 7th Amendment (1956)

Originally, Article 239 was different. The 7th Amendment replaced the old “Part C States” system with the modern “Union Territory” framework. It simplified the relationship: States are partners in the federal units, while UTs are units governed by the Centre for strategic, cultural, or administrative reasons.

ARTICLE 239A and Puducherry

While Article 239 provides the general rule for direct administration, Article 239A is the “Enabling Provision.” It gives Parliament the power to inject a dose of democracy into specific Union Territories by creating a local legislature.

Currently, this article is the constitutional pillar for the governance of Puducherry.

The Literal Provision

Article 239A was inserted by the 14th Amendment Act, 1962. It states:

(1) Parliament may by law create for the Union territory of Puducherry:

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or

(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 (even if it technically amends the Constitution).

WHY IS ARTICLE 239A UNIQUE?

A. It is “Discretionary”

Unlike States (which must have a legislature under Part VI), a UT may have one only if Parliament decides to pass a specific law. Parliament is not “forced” by the Constitution to give a UT a legislature; Article 239A simply gives them the “permission” to do so.

B. The “Nomination” Power

Under Clause (1)(a), the legislature can be “partly nominated.” This is why Puducherry has 3 nominated members in its Assembly (total 33 seats), a feature you won’t find in standard Indian States. The Supreme Court confirmed in 2018 (K. Lakshminarayanan case) that the Central Government has the power to nominate these members directly.

C. Immunity from Article 368

This is a “legal shortcut.” Usually, changing the structure of a government requires a complex Constitutional Amendment. However, Clause (2) says that if Parliament wants to change how Puducherry’s government works, it can do so via a simple majority (an ordinary law), rather than the “Special Majority” required by Article 368.

Implementation: The 1963 Act

To give life to Article 239A, Parliament passed the Government of Union Territories Act, 1963. This law defines:

• • The number of seats (30 elected + 3 nominated).
  • The extent of legislative power (similar to the State List).
  • The role of the Chief Minister and the Lieutenant Governor.

ARTICLE 239B

Article 239B is the specific constitutional provision that gives the Administrator of a Union Territory (specifically those with a legislature) the power to make laws when the legislature is not in session.

This is known as the Ordinance-making power. It is the UT equivalent of the President’s power under Article 123 or a Governor’s power under Article 213.

The Literal Provision

Article 239B was inserted by the 27th Amendment Act, 1971. Its key points are:

• • Timing: The Administrator can only promulgate an ordinance when the Legislature is NOT in session (recess).
  • Condition: The Administrator must be “satisfied” that circumstances exist which require immediate action.
  • The “Instruction” Rule: Unlike a Governor, a UT Administrator cannot issue an ordinance on their own. They must obtain prior instructions from the President of India before doing so.
  • Restrictions: An ordinance cannot be issued if the Legislature is currently dissolved or suspended (e.g., under President’s Rule).

Life and Effect of a UT Ordinance

An ordinance issued under Article 239B has the same legal force as an Act passed by the Assembly. However, it is temporary:

1. Tabling: It must be laid before the UT Legislature once it reassembles.

2. Expiry: It ceases to operate 6 weeks after the Legislature reassembles, unless it is approved by the Assembly before then.

3. Disapproval: If the Legislature passes a resolution disapproving the ordinance, it dies immediately.

4. Withdrawal: The Administrator can withdraw the ordinance at any time, but again, only after getting instructions from the President.

Note on Delhi: While Article 239B specifically mentions Puducherry, Article 239AA(8) explicitly states that the provisions of 239B apply to the NCT of Delhi as well.

THE NATIONAL CAPITAL TERRITORY (NCT)

The 69th Constitutional Amendment Act of 1991 is the most significant legal milestone for Delhi. it transformed the Union Territory of Delhi into the National Capital Territory (NCT) of Delhi and introduced a unique “hybrid” model of governance that balances local democracy with national control.

This amendment inserted two critical articles: 239AA and 239AB.

Article 239AA: Special Provisions for Delhi

This article provides the framework for the Legislative Assembly and the Council of Ministers in Delhi.

A. Legislative Powers

The Legislative Assembly of Delhi has the power to make laws for the whole or any part of the NCT with respect to matters in the State List (List II) and Concurrent List (List III) of the Seventh Schedule.

The “Three Exclusions”: The Assembly is strictly prohibited from making laws on three specific subjects in the State List:

1. Public Order (Entry 1)

2. Police (Entry 2)

3. Land (Entry 18)

Crucial Note: Even on subjects where Delhi can legislate, Parliamentary Supremacy prevails. If a law made by the Delhi Assembly conflicts with a law made by Parliament, the Parliamentary law will override the Delhi law.

B. Executive Powers

The executive power of the NCT of Delhi is co-extensive with its legislative power.

• • The Lieutenant Governor (LG): The LG is the designated “Administrator” appointed by the President.
  • The “Aid and Advice” Rule: The LG must act on the aid and advice of the Council of Ministers (led by the Chief Minister) on all matters where the Assembly has the power to make laws.
  • The Difference of Opinion: If there is a disagreement between the LG and the Ministers, the LG can refer the matter to the President for a final decision. Pending that decision, the LG can take immediate action if they deem it necessary.

Article 239AB: Failure of Constitutional Machinery

This article acts as the “Emergency Provision” specifically for Delhi. It is the UT version of Article 356 (President’s Rule in States).

• • The Trigger: If the President receives a report from the LG (or is otherwise satisfied) that a situation has arisen where the administration of the NCT cannot be carried out according to Article 239AA.
  • The Action: The President may, by order, suspend the operation of any provision of Article 239AA (or any law made under that article).
  • The Result: The elected government is dismissed or the assembly is suspended, and the Union Government takes direct control through the LG.

THE QUEST FOR STATEHOOD: A POLITICAL TIMELINE

Since independence, Delhi’s administrative structure has been experimental and frequently altered.

• • 1950–1956 (Part C State): Initially, Delhi had a Legislative Assembly and a Chief Minister (Brahm Prakash was the first). However, the States Reorganisation Act (1956) abolished the assembly, making Delhi a Union Territory (UT) administered directly by the President.
  • 1966 (Metropolitan Council): To provide some level of representation, a Metropolitan Council was created, but it was purely advisory with no real legislative power.
  • 1991 (The 69th Amendment): Based on the Balakrishnan Committee report, the Constitution was amended to insert Article 239AA. This designated Delhi as the National Capital Territory (NCT) and restored the Legislative Assembly.
  • The Conflict (2015–Present): Despite having an elected government, key areas—Public Order, Police, and Land—remain under the Central Government via the Lieutenant Governor (LG). Recent years have seen intense legal battles over the control of “Services” (transfers and postings of officials), resulting in the GNCTD (Amendment) Act, 2023, which reaffirmed the LG’s primacy in administrative matters.

THE CASE LAWS

“Aid and Advice”: Govt. of NCT of Delhi v. Union of India (2018)

In 2015, the Ministry of Home Affairs issued a notification claiming the Lieutenant Governor (LG) had absolute power over “Services” (the bureaucracy). The Delhi government challenged this.

• • The Ruling: A 5-judge Constitution Bench ruled that the LG is bound by the “aid and advice” of the elected Council of Ministers in all matters except the three “reserved” subjects: Public Order, Police, and Land.
  • Key Concept: The court emphasized “Constitutional Morality” and “Cooperative Federalism,” stating the LG cannot act as an “adversary” or a “Governor with more powers than a State Governor.”

The “Triple Chain of Accountability”: Govt. of NCT of Delhi v. Union of India (2023)

Despite the 2018 ruling, the question of who specifically controls the “Services” (postings and transfers of IAS officers) remained in limbo.

• • The Ruling: The SC ruled unanimously that the Delhi Government has legislative and executive power over “Services” (Entry 41 of the State List).
  • The “Triple Chain” Logic: The court argued that if a government doesn’t control its officers, the officers won’t listen to the ministers, the ministers can’t be held accountable by the legislature, and the legislature fails the voters.

“If the government does not have control over its officers, the principle of collective responsibility will be adversely affected.” — CJI D.Y. Chandrachud.

The 2023 Ordinance and Amendment Act

Immediately after the 2023 judgment, the Central Government promulgated an Ordinance (later the GNCTD Amendment Act, 2023) to effectively bypass the ruling.

Current Status: This Act has been challenged in the Supreme Court. The court has referred the matter to a Constitution Bench to decide if Parliament can use its power under Article 239AA(7) to effectively strip the Delhi Assembly of its “Services” power.

The Core Argument: Proponents of statehood argue that a population of over 30 million deserves a fully empowered government. Opponents (the Centre) argue that because Delhi houses the Parliament, Supreme Court, and foreign embassies, the national government must maintain control for security and diplomatic reasons.

THE GNCTD (AMENDMENT) ACT, 2023

The Government of National Capital Territory of Delhi (Amendment) Act, 2023 (also known as the Delhi Services Act) is a landmark piece of legislation that fundamentally altered the governance of Delhi. It was enacted to neutralize a Supreme Court judgment that had given the elected Delhi government control over most “services” (the bureaucracy).

The Trigger: Supreme Court Verdict (May 2023)

In May 2023, a 5-judge Constitution Bench ruled that the elected government of Delhi has legislative and executive power over “Services” (List II, Entry 41). The Court held that for a democratic government to function, the civil servants must be accountable to the ministers, who are in turn accountable to the legislature.

The Legislative Response

Within a week of the verdict, the Central Government promulgated an Ordinance, which was later replaced by this Amendment Act in August 2023.

Key Provisions of the 2023 Act

A. Removal of “Services” from Delhi’s Power

The Act specifies that the Delhi Legislative Assembly does not have the power to legislate on matters related to ‘Services’. This includes appointments, transfers, postings, and vigilance of employees of the Delhi government.

B. Establishment of the NCCSA

The Act created a new statutory body called the National Capital Civil Services Authority (NCCSA) to manage the bureaucracy.

• • Composition:

1. Chief Minister of Delhi (Chairperson)

2. Chief Secretary of Delhi (Member)

3. Principal Home Secretary of Delhi (Member Secretary)

• • Function: The Authority makes recommendations to the Lieutenant Governor (LG) regarding transfers, postings, and disciplinary matters of Group ‘A’ officers and DANICS officers.
  • Voting Power: Decisions are made by a majority vote. Since the Chief Secretary and Home Secretary are appointed by the Central Government, the elected CM can technically be outvoted by the two bureaucrats.

C. Final Say of the Lieutenant Governor (LG)

The Act grants the LG the “sole discretion” to:

• • Approve the recommendations of the NCCSA.
  • Return them for reconsideration.
  • Override the Authority in case of a difference of opinion. The LG’s decision is final.

Impact on the “Triple Chain of Accountability”

The Supreme Court had emphasized a “triple chain of accountability”:

1. Civil Servants → Accountable to Ministers

2. Ministers → Accountable to Legislature

3. Legislature → Accountable to the Electorate

Critics argue that by giving the LG (a central appointee) final control over bureaucrats, the Act breaks the first link of this chain. If a Minister cannot transfer or discipline an officer, the officer may not feel compelled to implement the elected government’s policies.

Difference between 239A (Puducherry) and 239AA (Delhi)

Feature	Article 239A (Puducherry)	Article 239AA (Delhi)
Origin	Created by an Act of Parliament.	Created directly by the Constitution (69th Amendment).
Flexibility	Parliament can dissolve or change it easily.	Changes usually require a Constitutional Amendment.
Exclusions	Generally has power over all State List items.	Specifically excluded from Police, Public Order, and Land.
Nominations	Allows for nominated members in the Assembly.	No provision for nominated members in the Assembly.

Comparison (president’s rule)

Feature	NCT Delhi	Puducherry	Jammu & Kashmir
Legal Basis	Article 239AB	Section 51 (UT Act 1963)	Section 73 (J&K Act 2019)
Trigger Source	Report of the LG or "otherwise."	Report of the Administrator or "otherwise."	Report of the LG or "otherwise."
Duration	Subject to Presidential Order (usually 6 months).	Subject to Presidential Order.	Subject to Presidential Order.
Approval	Must be laid before Parliament.	Must be laid before Parliament.	Must be laid before Parliament.

THE JAMMU AND KASHMIR REORGANISATION ACT, 2019

The Jammu and Kashmir Reorganisation Act, 2019, is a transformative piece of legislation that redrew the political map of Northern India. Enacted on August 5, 2019, and becoming effective on October 31, 2019, it replaced the former State of Jammu and Kashmir with two distinct Union Territories.

Bifurcation into Two Union Territories

The Act split the erstwhile state into:

• • UT of Jammu and Kashmir: Comprising all districts of the former state except Leh and Kargil. It was granted a Legislative Assembly.
  • UT of Ladakh: Comprising the districts of Leh and Kargil. This UT is administered directly by the Union through a Lieutenant Governor and has no legislature.

Administrative Structure (The “Puducherry Model”)

The Act specifies that the administration of the UT of J&K will follow Article 239A of the Constitution (originally meant for Puducherry).

• • Lieutenant Governor (LG): The President appoints an LG to administer the territory.
  • Council of Ministers: A CM-led council (not exceeding 10% of the total assembly strength) advises the LG on matters within the assembly’s jurisdiction.
  • LG’s Discretion: The LG has independent discretionary powers over matters outside the assembly’s purview, specifically Police, Public Order, and Anti-Corruption.

Legislative Assembly of J&K

• • Composition: The total seats were initially 107 (later increased to 114 following delimitation).
  • Reserved Seats: For the first time, seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their population.
  • PoK Seats: 24 seats remain vacant, designated for the area under Pakistan’s occupation.
  • Nomination: The LG has the power to nominate two women to the Assembly if they are not adequately represented.
  • Tenure: The term of the Legislative Assembly is 5 years (previously 6 years under the J&K State Constitution).

Integration of Laws

This was one of the most significant legal impacts of the Act:

• • Extension of Central Laws: 106 central laws (like the IPC, CrPC, and Aadhaar Act) were extended to the UTs.
  • Repeal of State Laws: 153 state laws and the J&K State Constitution were repealed.
  • Abolition of Upper House: The Jammu and Kashmir Legislative Council (the state’s upper house) was abolished.

Common High Court

The Act established that the High Court of Jammu and Kashmir would serve as the Common High Court for both the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.

Key Power Shifting

Feature	Pre-2019 (State)	Post-2019 (UT)
Status	Special Status (Art. 370)	Union Territory
Police & Public Order	State Government	Central Government (LG)
Land	State Government	Local Assembly / LG
Legislature	Bicameral (Assembly + Council)	Unicameral (Assembly only)
Central Laws	Required State Concurrence	Apply Automatically

Jurisdiction over All India Services

In the Union Territory of Jammu and Kashmir, jurisdiction over the All India Services (such as IAS and IPS) rests with the Lieutenant Governor (LG), acting as an agent of the Central Government.

Key Constitutional and Legal Provisions

1. Section 53 of the J&K Reorganisation Act, 2019: This section explicitly states that the Lieutenant Governor shall act in his discretion in matters related to the All India Services and the Anti-Corruption Bureau (ACB). This means the LG is not bound by the “aid and advice” of the Chief Minister or the Council of Ministers in these matters.

2. Merger with AGMUT Cadre: In January 2021, the Central Government abolished the dedicated J&K cadre for All India Services and merged it into the AGMUT (Arunachal Pradesh, Goa, Mizoram, and Union Territories) cadre.

3. Cadre Controlling Authority: The Ministry of Home Affairs (MHA) is the nodal ministry for the AGMUT cadre.

Feature	Jammu & Kashmir	NCT of Delhi	Puducherry
Primary Authority	LG (Discretionary)	LG (via 2023 Amendment)	Chief Minister / Assembly
Legal Basis	J&K Reorganisation Act, 2019	GNCTD (Amendment) Act, 2023	UT Act, 1963
Cadre Type	AGMUT	AGMUT	AGMUT
Role of CM	No formal say in postings/transfers.	Recommendations via NCCSA (but LG has final say).	Significant influence on local postings.

Comparison: Delhi, Puducherry, and Jammu & Kashmir

Feature	National Capital Territory (NCT) of Delhi	Puducherry	Jammu & Kashmir
Constitutional Provision	Article 239AA (inserted by 69th Amendment, 1991).	Article 239A (inserted by 14th Amendment, 1962).	Article 239A (via J&K Reorganisation Act, 2019).
Legislative Assembly Size	70 Members (All directly elected).	33 Members (30 elected + 3 nominated by Central Govt).	119 Seats (90 elected + 5 nominated + 24 reserved for POK).
Reserved Subjects (LG's control)	Public Order, Police, and Land(plus 'Services' as per recent laws).	None explicitly reserved in the Constitution (though Central laws apply).	Public Order and Police (LG also has discretion over AISs & Anti-Corruption Bureau).
Appointment of Chief Minister	Appointed by the President.	Appointed by the President.	Appointed by the Lieutenant Governor.
Council of Ministers Size	Capped at 10% of total seats (max 7 ministers).	Generally 15% (standard state rule).	Capped at 10% of total seats (max 10 ministers).
Role of LG	Exercises "discretion" over reserved subjects; can refer any dispute to the President.	Generally acts on "aid and advice" but can refer disputes to the President.	Broad discretionary powers over security, services, and anti-corruption.
Rajya Sabha Seats	3 Seats	1 Seat	4 Seats

ARTICLE 240

Article 240 is one of the most powerful provisions in the Indian Constitution concerning Union Territories. It grants the President of India the authority to act as a “legislator” for specific territories, allowing for quick and direct governance without always needing a full debate in Parliament.

The Literal Provision

The article is divided into two significant clauses:

(1) The President may make regulations for the peace, progress, and good government of the Union territory of:

(a) the Andaman and Nicobar Islands;

(b) Lakshadweep;

(c) Dadra and Nagar Haveli and Daman and Diu;

(d) Puducherry;

(e) Ladakh (added via the J&K Reorganisation Act, 2019).

(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament.

Key Features and Power Dynamics

The “Peace, Progress, and Good Government” Clause: This is a standard legal phrase that gives the President extremely broad “plenary” powers. It means the President can make regulations on almost any subject (similar to the State and Concurrent lists) as long as it benefits the territory.

Power to Overrule Parliament: Clause (2) is unique. Normally, an executive order cannot override a law passed by the legislature (Parliament). However, under Article 240, a Presidential Regulation can actually repeal or amend an existing Act of Parliament in that specific UT.

• • Example: If there is a central land law that doesn’t fit the tribal needs of Lakshadweep, the President can issue a Regulation under Article 240 to modify that law specifically for those islands.

The Puducherry Exception: The President’s power to make regulations for Puducherry is not permanent.

• • It stops as soon as the Legislative Assembly of Puducherry meets for the first time.
  • It revives only if the Assembly is dissolved or suspended (e.g., during a constitutional breakdown).

Why are some UTs excluded?

You’ll notice that Delhi, Chandigarh, and Jammu & Kashmir are not naturally listed under the President’s “Regulation” power in the same way:

• • Delhi & J&K: These have their own extensive constitutional provisions (like 239AA) and their own legislatures.
  • Chandigarh: It is governed primarily through the Punjab Reorganisation Act, 1966. Interestingly, as of 2025-2026, there have been significant legal discussions (and a proposed 131st Amendment Bill) about whether to bring Chandigarh under Article 240 to simplify its local laws.

Presidential Regulation Power (Art. 240)

UT Name	Can President make Regulations?	Condition/Note
Andaman & Nicobar	Yes	Absolute power for peace/progress.
Lakshadweep	Yes	Absolute power.
Dadra & Nagar/Daman & Diu	Yes	Absolute power.
Ladakh	Yes	Added to Article 240 after 2019 reorganisation.
Puducherry	Yes (Conditional)	Only when Assembly is dissolved/suspended.
Delhi	No	Covered by Article 239AA.
Jammu & Kashmir	No	Covered by J&K Reorganisation Act.

THE CHANDIGARH ISSUE 

The Chandigarh issue is one of India’s most complex and long-standing federal disputes. It involves a tug-of-war between Punjab and Haryana over the ownership of the city, which currently serves as their joint capital and a Union Territory (UT).

The Historical Core: 1966 Reorganisation

Before 1966, Chandigarh was the capital of undivided Punjab. When the state was divided on linguistic lines to create Haryana (Hindi-speaking), the status of Chandigarh became the primary bone of contention.

• • Temporary Solution: Under the Punjab Reorganisation Act, 1966, Chandigarh was declared a Union Territory under the direct control of the Centre.
  • The 60:40 Ratio: Assets and government seats in the city were divided between Punjab and Haryana in a ratio of 60:40.
  • The 1970 Promise: In 1970, Indira Gandhi’s government announced that Chandigarh would eventually be transferred to Punjab, and Haryana would be given funds to build its own capital. However, this transfer never took place due to counter-claims by Haryana over certain Hindi-speaking areas (Abohar and Fazilka).

Current Status: The Article 240 Controversy

In late 2025 and early 2026, the issue reignited over the Constitution (131st Amendment) Bill, 2025.

• • The Proposal: The Centre proposed bringing Chandigarh under Article 240. Currently, Chandigarh is an exception to the list of UTs where the President can make direct regulations.
  • The Administrative Shift: Historically, the Governor of Punjab has also served as the Administrator of Chandigarh. Bringing it under Article 240 would allow the Centre to appoint a separate Lieutenant Governor (LG), similar to Delhi or Puducherry.
  • Political Backlash: Punjab (governed by AAP) and various opposition parties (Congress, SAD) viewed this as a “conspiracy” to dilute Punjab’s historical claim over the city and weaken the federal structure. The Centre later clarified that the move was intended only to simplify law-making processes and is still under stakeholder consultation.

The SYL Canal Connection

The Chandigarh dispute is often bundled with the Sutlej-Yamuna Link (SYL) Canal water-sharing issue.

• • The Deadlock: Haryana demands its share of river water via the SYL canal, while Punjab maintains it has “no surplus water” to share.
  • Recent Update (2026): In January 2026, the Chief Ministers of Punjab and Haryana met in a “cordial atmosphere” to discuss the SYL issue. While they agreed to form a joint working group of officials, the core disagreement remains: Punjab refuses to build the canal, and Haryana refuses to give up its claim on Chandigarh until the water issue is settled.

Aspect	Punjab's Stand	Haryana's Stand
Ownership	Claims sole rights as it was built on Punjabi villages.	Claims rights until a new capital is built/territories exchanged.
Administration	Wants the Punjab Governor to remain the Administrator.	Generally supports central administration until a final solution.
Linkage	Rejects linking Chandigarh to the SYL water dispute.	Often links the transfer of Chandigarh to the resolution of SYL.

Why it Matters Today

The Chandigarh issue is no longer just about a city; it is a symbol of regional identity and state autonomy. Any minor administrative change in the city—such as changing the service rules for employees or altering the power of the LG—triggers massive protests, as it is seen as a step toward making the “temporary” UT status permanent.

Article 241

• • Parliament may by law constitute a High Court for a Union Territory or declare any court in such territory to be a High Court for all or any purposes.
  • Currently, Delhi is the only UT with its own dedicated High Court, while others fall under the jurisdiction of neighbouring State High Courts (e.g., Puducherry falls under the Madras High Court).

Jurisdiction of High Courts over Union Territories

Union Territory	High Court Jurisdiction	Seat of the High Court
Delhi (NCT)	Delhi High Court	New Delhi
Jammu & Kashmir	High Court of J&K and Ladakh	Srinagar / Jammu
Ladakh	High Court of J&K and Ladakh	Srinagar / Jammu
Puducherry	Madras High Court	Chennai
Andaman and Nicobar Islands	Calcutta High Court	Kolkata (Circuit Bench at Port Blair)
Chandigarh	Punjab and Haryana High Court	Chandigarh
Dadra & Nagar Haveli and Daman & Diu	Bombay High Court	Mumbai
Lakshadweep	Kerala High Court	Kochi

Key Facts to Remember:

• • The Delhi Exception: Delhi was the first Union Territory to have its own dedicated High Court (established in 1966).
  • Common High Court: Jammu & Kashmir and Ladakh share a common High Court following the J&K Reorganisation Act, 2019.
  • Administrative Expenses: The salaries and allowances of the judges of a common High Court are shared by the states/UTs concerned in a proportion determined by the President.
  • Extension of Jurisdiction: Parliament has the exclusive power to extend the jurisdiction of a State High Court to a Union Territory or exclude it.

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