Articles 239 to 241 in Part VIII of the Constitution deal with the union territories, their administrative system and other provisions. The administrative system prevalent in all the Union territories is not the same and varies from one UT to another.

Administration of Union Territories in India

• Each union territory is administered by the President of India through an administrator appointed by him unless Parliament provides otherwise. 
• Administrators act as representatives of the President rather than as state heads like governors do.

• Various titles may be given to the administrator by the President. For instance— 

• Lt. Governor: Delhi, Jammu and Kashmir, Ladakh, Puducherry, and Andaman and Nicobar. 
• Administrator: Dadra and Nagar Haveli and Daman and Diu, Chandigarh, and Lakshadweep. 

• The President may designate the Governor of a State as the administrator of an adjoining Union territory, and in that capacity, the Governor will act independently from their council of ministers.

Union territories with legislative assembly

Parliament may, by law, create a legislature and a council of ministers for the Union territories. Consequently, legislative assemblies and councils of ministers were created for Puducherry (in 1963), Delhi (in 1992), and Jammu and Kashmir (in 2019). 

• The legislative assembly of Puducherry is empowered to enact laws on any subject within the state list and concurrent list.
• The legislative assembly of Delhi can legislate on any subject in the state list (excluding police, public order, and land) and concurrent list. 
• The legislative assembly of Jammu and Kashmir can pass laws on any matter in the state list (except public order and police) and concurrent list. 

Jurisdiction of Parliament on the Union Territories in India

Parliament retains the authority to legislate on any subject from the three lists (including the State List) for the Union territories, such as Puducherry, Delhi, and Jammu and Kashmir. 

• The establishment of these legislative assemblies and councils of ministers does not reduce the overarching authority of Parliament and the President over these territories. 

This indicates that Parliament’s legislative powers concerning the Union territories on subjects in the State List remain intact even after the formation of local legislatures for them. 

Jurisdiction of President on the Union Territories in India

• The President is authorized to create regulations for the peace, progress, and effective governance of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Ladakh. 
• In the case of Puducherry as well, the President may legislate through regulations, but only in instances where the assembly is either suspended or dissolved. 
• A regulation enacted by the President carries the same authority and effects as an act of Parliament and can also repeal or modify any act of Parliament concerning these Union territories. 

High Court Jurisdiction in Union Territories

Parliament can establish a distinct high court for a Union territory or can extend the jurisdiction of a high court in a neighboring state to a Union territory. Delhi and Jammu and Kashmir are the only Union territories that have their own High Court.  Rest of the union territories are under the jurisdiction of a high court of an adjacent state/union territory.

Constitutional Provisions for Delhi and Jammu & Kashmir: Special Status and Governance

Delhi’s Transition to National Capital Territory and Role of the Lieutenant Governor

Article 239AA of the Constitution was added by the 69th Constitutional Amendment Act, 1991 which states that the Union Territory of Delhi shall be designated as the National Capital Territory of Delhi and the administrator chosen under Article 239 shall be designated as the Lieutenant Governor.

Constitutional articles

Delhi Legislative Assembly

• The legislative assembly consists of 70 members who are elected directly by the people residing in the Union territory.  Election Commission of India is responsible for conducting elections to the legislative assembly of Delhi.
• The Legislative Assembly is vested with legislative powers on matters listed in the state list (Except matters of Public order, Police and land) and the concurrent list under the seventh schedule.

Council of Ministers in Delhi

• Maximum strength of the council of ministers including the chief minister cannot be more than 10% of the strength of the legislative assembly that is 1 chief minister and 6 ministers.
• The chief minister is appointed by the President of India and the ministers are also appointed by him on the recommendation of the chief minister.
• Ministers serve at the discretion of the President rather than the Lieutenant Governor. 
• The council of ministers is collectively accountable to the assembly. 
• If there is a difference between the views of the Council of Ministers and the lieutenant governor, the lieutenant Governor shall refer such matters to the President for decision and shall act in accordance with the instructions given by the President.

Comparison of Delhi and Puducherry

Jammu & Kashmir Reorganisation

Following the removal of Article 370 through the Jammu & Kashmir Reorganisation Act, 2019, J&K was reorganised into two union territories which are to be administered by the President through the Lieutenant Governor.

• The Union Territory of Ladakh is administered without legislature and the Union Territory of J&K with legislature under article 239A of the constitution. (Article 239A has been applied to the Union territory of Jammu and Kashmir via the Jammu and Kashmir Reorganisation Act, 2019.) 
• The Legislative Assembly is authorized to create laws concerning matters in the State List, excluding “Police and public order,” and for the Concurrent list applicable to Union Territories. 
• It has also become the second Union Territory after Delhi to have its own High Court (which is common for both Jammu & Kashmir and Ladakh).