Union Territories and Special Provisions

Union Territories (Part VIII, Arts 239 to 242)

• India has 8 Union Territories: Delhi (National Capital Territory), Puducherry, Jammu and Kashmir, Ladakh, Chandigarh, Andaman and Nicobar Islands, Lakshadweep, and Dadra and Nagar Haveli and Daman and Diu (merged in January 2020).
• Administered by the President through an Administrator (Art 239). In Andaman and Nicobar, Delhi, Puducherry, J&K and Ladakh this officer is a Lieutenant Governor. Chandigarh has an Administrator.
• Parliament can make laws on any matter for a UT, including State List subjects (Art 246(4)).

Delhi (Art 239AA)

• 69th Amendment (1991): gave Delhi the status of National Capital Territory with a Legislative Assembly of 70 members and a Council of Ministers.
• The Assembly cannot legislate on public order, police and land.
• In Government of NCT of Delhi v Union of India (2018), the Supreme Court held that the Lieutenant Governor must act on the Council's advice, except on the three reserved subjects. In 2023 a Constitution Bench held that the elected government has control of services. Parliament then passed the Government of NCT of Delhi (Amendment) Act, 2023, which reversed this by creating the National Capital Civil Service Authority.

Puducherry

Has a Legislative Assembly (Art 239A, 14th Amendment, 1962) with 33 members (30 elected, 3 nominated).

Jammu and Kashmir

The Jammu and Kashmir Reorganisation Act, 2019 made J&K a Union Territory with a Legislature. See the J&K unit for details.

Ladakh

A UT without a legislature. Leh and Kashmir (Kargil) are administered by Autonomous Hill Development Councils (LAHDC).

Special provisions for some States (Arts 371 to 371J)

Fifth and Sixth Schedules

• Fifth Schedule: administration of Scheduled Areas and Scheduled Tribes in all States except Assam, Meghalaya, Tripura and Mizoram.
• Sixth Schedule: tribal areas of those four States, with Autonomous District Councils and Regional Councils. Ladakh has demanded Sixth Schedule status.