Introduction 

• Part VIII of the Constitution of India, 1950 (COI) deals with the articles related to Union Territories (UTs) within the territory of India. 
• The UTs are directly governed by the Central Government and do have their own selected members unlike the States. 
• At present, India has 8 UTs-- Delhi, Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.

What is the Difference Between States and UTs?

What are the Articles Provided Under Part VIII of the Constitution of India? 

• Part VIII covers articles 239 to 242 under the Constitution as: 
  • Administration of Union territories (Article 239): 
    • The president shall administer the UT and shall appoint an administrator for every UT for the same. 
    • A governor of an adjoining state can also be appointed as an administrator of the adjoining UT and shall administrate that UT independently.
  • Creation of Local Legislatures or Council of Ministers or both for certain Union territories. (Article 239 A): 
    • Parliament by law may create the UT of Puducherry: 
      • A body, whether elected or partly nominated and partly elected to function as a Legislature for the Union territory, or 
      • A Council of Ministers, 
      • or both with such constitution, powers and functions, in each case, as may be specified in the law. 
    • Such law shall not to be deemed as an amendment under Article 368. 
  • Special Provisions with respect to Delhi (Article 239 AA): 
    • Through the 69th Constitutional Amendment Act 1991, the UT of Delhi shall be called National Capital Territory of Delhi (NCT), and it shall be administered by the Lieutenant Governor. 
    • There shall be a Legislative Assembly (LA) for the NCT, and the seats shall be filled by the direct election from territorial constituencies. 
      • Total Nuber of seats in the LA, number of seats reserved for Scheduled Castes, the division of the NCT into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament. 
      • The provisions of article 324 to 327 and 329 shall also be applicable on NCT of Delhi. 
    • LA shall have the power to make legislature fir the matters listed in State or concurrent list except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18. 
      • Parliament may make any law in matters related to UTs. 
    • If the law made by parliament and the LA has any repugnancy then the law made by the parliament shall prevail subject to: 
      • Any such law made by the LA has been reserved for the consideration of the President and has received his assent, such law shall prevail in the NCT. 
      • Nothing shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the LA. 
    • There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the LA, with the Chief Minister at the head to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the LA has power to make laws, except in so far as he is, by or under any law, required to act in his discretion.  
    • It is provided that in the case of difference of opinion between the LG and his Ministers on any matter, the LG shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the LG in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary. 
    • The Chief Minister shall be appointed by the President along with other ministers who shall aid and advice the President and will hold the office during the pleasure of the President. 
    • The Council of Ministers shall be collectively responsible to the LA.
  • Provision in case of Failure of Constitutional Machinery (239 AB): 
    • On satisfaction of the President on the report received from the LG that: 
      • The situation in NCT of Delhi cannot be administered in accordance with Article 239 AA in NCT of Delhi. 
      • And for the administration it is necessary to do so -  
      • The President may suspend the operation of Article 239 AA partly or wholly as it deems fit to control the situation.
  • Power of Administrator to Promulgate Ordinances during Recess of Legislature (Article 239 B): 
    • The LG can promulgate ordinance as required anytime when needed except when the Legislature of the UT of Puducherry is in session only after obtaining instructions from the President in this behalf. 
    • Whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension. 
    • Ordinances passed under this article shall be an act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A but every such ordinance: 
      • To be laid before the legislature and shall be ceased after the expiry of 6 weeks he expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution. 
      • May be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. 
    • An Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the UT made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.
  • Power of President to make Regulations for Certain Union territories (Article 240): 
    • It is stated that the President may make regulations for the peace, progress and good government of the Union territory of 
      • The Andaman and Nicobar Islands 
      • Lakshadweep 
      • Dadra and Nagar Haveli 
      • Daman and Diu 
      • Puducherry 
    • It is provided that when anybody is created under article 239A to function as a Legislature for the UT of Puducherry, the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature. 
    • It is provided further that whenever the body functioning as a Legislature for the UT of Puducherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that UT. 
    • It also states that 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 which applies to that territory.
  • High Courts for Union territories (Article 241): 
    • Parliament may by law provide for the constitution the High Courts for UTs. 
    • The provisions of Chapter V of Part VI shall apply in relation to every High Court subject to modifications as law provides. 
    • The High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any UT shall continue to exercise such jurisdiction in relation to that territory after such commencement. 
    • Parliament has the power to extend or exclude the jurisdiction of a High Court for a state and UT. 

Conclusion 

The evolution of UTs in India reflects a pragmatic approach to governance, addressing diverse historical, strategic, and administrative challenges. While Union Territories share some similarities with states, their unique characteristics, governance structures, and relationships with the central government distinguish them as a separate category within India's administrative framework.