The Union Territories
The Union Territories may be defined as areas directly administered by the Union. At present, there are seven Union Territories, viz. Delhi, Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, Pondicherry and Chandigarh (First Schedule). The erstwhile Union Territory of Delhi which had a Metropolitan Council and Executive Councillors has now emerged as the National Capital Territory with a legislature and a Council of Ministers (articles 239 AA and 239 AB). The Parliament may by law provide for the administration of Union Territories. Subject thereto, the administration of Union Territories is to be handled by the President through an administrator appointed by him. The administrator is usually called the Lieutenant Governor.
The President may also appoint the Governor of a neighbouring State as the administrator of a Union Territory. A Governor appointed shall discharge the functions of the administrator independently of the advice of the Council of Ministers of the State (article 239). Parliament may by law create for any territory a legislature and a Council of Ministers. Such a legislature and Council of Ministers exist for the Union Territory of Pondicherry and for the National Capital Territory of Delhi.
The Union Territory of Andaman and Nicobar Islands have a nominated body in place of a legislature (article 239 A). The administrator of a Union Territory enjoys powers of promulgating ordinances like the Governors of States (article 239B). The President has been empowered to make regulations for peace, progress and good government of all the Union Territories except where a legislature is functioning (article 239A and 240). Parliament may by law constitute a High Court for a Union Territory or declare any Court to be the High Court for its purposes (article 241).
Special Provisions For Delhi
The 69th Constitutional Amendment Act of 1991 (with effect from 1st February 1992) provided a special status to the Union Territory of Delhi, and redesignated it the National Capital Territory of Delhi and designated the administrator of Delhi as the lieutenant governor. It created a legislative assembly and council of ministers for Delhi. Previously, Delhi had a metropolitan council and an executive council.
The strength of the assembly is fixed at 70 members, directly elected by the people. The elections are conducted by the Election commission of India. The assembly can make laws on all the matters of the State List and the Concurrent List except the three matters of the State List thai is public.order, police and land, but the laws of Parliament prevail over those made by the Assembly. The strength of the council of ministers is fixed at ten per cent of the total strength of the assembly, that is, seven – one chief minister and six other ministers. The Chief Minister is appointed by the President (not by the lieutenant Governor). The other ministers are appointed by the president on the advice of the chief minister. The ministers hold office during the pleasure of the president. The council of ministers is collectively responsible to the assembly.
The council of ministers headed by the chief minister aid and advise the lieutenant governor in the exercise of his functions except in so far as he is required to act in his discretion. In the case of difference of opinion between the lieutenant governor and his ministers, the lieutenant governor is to refer the matter to the President for decision and accordingly.
When a situation arises in which the administration of the territory cannot be carried on in accordance with the above provisions, the president can suspend their ( above provisions) operation and make the necessary incidental or consequential provisions for administering the territory. In brief, in case of failure of constitutional machinery, the president can impose his rule in the territory. This can be done on the report of the lieutenant governor or otherwise. This provision resembles Article 356 which deals with the imposition of President’s Rule in the states. The lieutenant governor. is empowered to promulgate ordinances An ordinance has the same force as an act of the assembly. Every such ordinance must be approved by the assembly within six weeks from its reassembly. He can also withdraw an ordinance at any time. But, he cannot promulgate an ordinance when the assembly is dissolved or suspended. Further, no such ordinance can be promulgated or withdrawn without the prior permission of the president.
Let us now look into Administrative Relations Between Union And States.